Copywrite mark on earrings vav barred

INTELLECTUAL PROPERTY CODE

INTELLECTUAL PROPERTY CODE

Legislative Part

PART I Literary and Artistic Property Articles L111-1 to

L343-4 BOOK I Copyright Articles L111-1 to

L133-4

TITLE I Subject of Copyright Articles L111-1 to

L113-9

CHAPTER I Nature of Copyright Articles L111-1 to

L111-5

Article L111-1 The author of a work of the mind shall enjoy in that work, by the mere fact of its creation, an exclusive incorporeal

property right which shall be enforceable against all persons. This right shall include attributes of an intellectual and moral nature as well as attributes of an economic nature, as

determined by Books I and III of this Code. The existence or conclusion of a contract for hire or of service by the author of a work of the mind shall in no way

derogate from the enjoyment of the right afforded by the first paragraph above.

Article L111-2 A work shall be deemed to have copywrite mark on earrings vav barred created, irrespective of any public disclosure, by the mere fact of realization

of the author’s concept, even if incomplete.

Article L111-3 The incorporeal property right set copywrite mark on earrings vav barred in Article L111-1 shall copywrite mark on earrings vav barred independent of any property right in the physical

object. Acquisition of such object shall not vest in the acquirer of the object any of the rights afforded by this Code, except

in those cases referred to in the provisions of the second and third paragraphs of Article L123-4. These rights shall subsist in the person of the author or of his successors in title who, nevertheless, may not require the proprietor of the physical object to make such object available to them for the exercise of those rights. However, in the event of manifest abuse by the proprietor preventing exercise of the right of disclosure, the first instance court may take any appropriate measure, in accordance with the provisions of Article L121-3.

Article L111-4 Subject to american standard champion 4 fush vave parts international conventions to which France vavo caroline kole party, in the event that it is ascertained, after

consultation with the Minister for Foreign Affairs, that a State does not afford to works disclosed for the first time in France, in any form whatsoever, protection that is adequate and effective, works disclosed for the first time on the territory of such State shall not enjoy the copyright protection afforded by French legislation.

However, neither the integrity nor the authorship of such works may be impaired. In the cases referred to in the first paragraph above, the royalties shall be paid to copywrite mark on earrings vav barred interest bodies designated

by decree.

Article L111-5 Subject to the international conventions, foreigners shall enjoy in France the rights afforded to authors of software

by this Code on condition that the law of the State of which they are nationals or on the territory of which they have their place of residence, their registered offices or an effective establishment affords its protection to software created by French nationals and by persons having in France their place of residence or an effective establishment.

CHAPTER II Protected Work Articles L112-1 to

L112-4

Article L112-1 The provisions of this Code shall protect the rights of authors in all copywrite mark on earrings vav barred of the mind, whatever their kind, form of

expression, merit or purpose.

Article L112-2

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INTELLECTUAL PROPERTY CODE (Act No. 94-361 of 10 May 1994 art. 2 Official Journal of 11 May 1994)

The following, in particular, shall be considered works of the mind within the meaning of this Code: 1°.books, pamphlets and other literary, artistic and scientific writings; 2°.lectures, addresses, sermons, pleadings and other works of such nature; 3°.dramatic or dramatico-musical works; 4°.choreographic works, circus acts and feats and dumb-show works, the acting form of which is set down in writing

or in other manner; 5°.musical compositions with or without words;

6°.cinematographic works and other works consisting of sequences of moving images, with or without sound, together referred to as audiovisual works;

7°.works of drawing, painting, architecture, sculpture, engraving and lithography; 8°.graphical and typographical works; 9°.photographic works and works produced by techniques analogous to photography; 10°.works of applied art; 11°.illustrations, geographical maps; 12°.plans, sketches and three-dimensional works relative to geography, topography, architecture and science; 13°.software, including the preparatory design material; 14°.creations of the seasonal industries of dress and articles of fashion. Industries which, by reason of the demands

of fashion, frequently renew the form of their products, particularly the making of dresses, furs, underwear, embroidery, fashion, shoes, gloves, leather goods, the manufacture of fabrics of striking novelty or of special use in high fashion dressmaking, the products of manufacturers of articles of fashion and of footwear and the manufacture of fabrics for upholstery shall be deemed to be seasonal industries.

Article L112-3 (Act No. 96-1106 of 18 December 1996 Art. 1 Official Journal of 19 Copywrite mark on earrings vav barred 1996) (Act No. 98-536 of 1 July 1998 art. 1 Official Journal of 2 July 1998)

The authors of translations, adaptations, transformations or arrangements of works of the mind shall enjoy the protection afforded by this Code, without prejudice to the rights of the author of the original work. The same shall copywrite mark on earrings vav barred to the authors of anthologies or collections of miscellaneous works or data, such as databases, which, by reason of the selection or the arrangement of their contents, constitute intellectual creations.

Database means a collection of independent works, data or other materials, arranged in a systematic or methodical way, and capable of being individually assessed by electronic or any other means.

Article L112-4 The title of a work of the mind shall be protected in the same way as the work itself where it is original in character. Such title may not be used, even if the work is no longer protected under Articles L123-1 to L123-3, to distinguish a

work of the same kind if such use is liable to create confusion.

CHAPTER III Owners of Copyright Articles L113-1 to

L113-9

Article L113-1 Authorship shall belong, unless proved otherwise, to the person or persons under whose name the work has been

disclosed.

Article L113-2 “Work of collaboration” shall mean a work in the creation of which more than one natural person has participated. “Composite work” shall mean a new work in which a preexisting work is incorporated without the collaboration of the copywrite mark on earrings vav barred of the latter work. “Collective work” shall mean a work created at the initiative of a natural or legal person who edits it, publishes it and

discloses it under his direction and name and in which the personal contributions of the various authors who participated in its production are merged in the overall work copywrite mark on earrings vav barred which they were conceived, without it being possible to attribute to each author a separate right in the work copywrite mark on earrings vav barred created.

Article L113-3 A work of collaboration shall be the joint property of its authors. The joint authors shall exercise their rights by common accord. In the event of failure to agree, the civil courts shall decide.

Where the contribution of each of the joint authors is of a different kind, each may, unless otherwise agreed, separately exploit his own personal contribution without, however, prejudicing the exploitation of the common work.

Article L113-4 A composite work shall be the property of the author who has produced it, subject to the rights of the author of the

preexisting work.

Article L113-5 A collective work shall be the property, unless proved otherwise, of the natural or legal person under whose name it

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INTELLECTUAL PROPERTY CODE has been disclosed.

The author’s rights shall vest in such person.

Article L113-6 The authors of pseudonymous and anonymous works shall enjoy in such works the rights afforded by Article

L111-1. They shall be represented in the exercise of those rights by the original editor or publisher, until such time as they

reveal their true identity and prove their authorship. The declaration referred to in the preceding paragraph may be made by will; however, any rights previously

acquired by other persons shall be maintained. The provisions in the second and third paragraphs above shall not apply if the pseudonym adopted by the author

leaves no doubt as to his true identity.

Article L113-7 Authorship of an audiovisual work shall belong to the natural person or persons who have carried out the intellectual

creation of the work. Unless proved otherwise, the following are presumed to be the joint authors of an audiovisual work made in

collaboration: 1°.the author of the script; 2°.the author of the adaptation; 3°.the author of the dialogue; 4°.the author of the musical compositions, with or without words, specially composed for the work; 5°.the director. If an audiovisual work is adapted from a preexisting work or script which is still protected, the authors of the original

work shall be assimilated to the authors of the new work.

Article L113-8 Authorship of a radio work shall belong to the natural person or persons who carried out the intellectual creation of

the work. The provisions of the final paragraph of Article L113-7 and those of Article L121-6 shall apply to radio works.

Article L113-9 (Act No. 94-361 of 10 May 1994 art. 2 Official Journal of 11 May 1994)

Unless otherwise provided by statutory provision or stipulation, the economic rights in the software and its documentation created by one or more employees in the execution of their duties or following the instructions given by their employer shall be the property of the employer and he exclusively shall be entitled to exercise them.

Any dispute concerning the application of this Article shall be submitted to the first instance court of the registered place of business of the employer.

The first paragraph of this Article shall also apply to servants of the State, of local authorities and of public establishments of an administrative nature.

TITLE II Authors’ Rights Articles L121-1 to

L123-12

CHAPTER I Moral Right Articles L121-1 to

L121-9

Article L121-1 An author shall enjoy the right to respect for his name, his authorship and his work. This right shall attach to his person. It shall be perpetual, inalienable and imprescriptible. It may be transmitted mortis causa to the heirs of the author. Exercise may be conferred on another person under the provisions of a will.

Article L121-2 The author alone shall have the right to divulge his work. He shall determine the method of disclosure and shall fix

the conditions thereof, subject to Article L132-24. After his death, the right to disclose his posthumous works shall be exercised during their lifetime by the executor or

executors designated by the author. If there are none, or after their death, and unless the author has willed otherwise, this right shall be exercised in the following order: by the descendants, by the spouse against whom there exists no final judgment of separation and who has not remarried, by the heirs other than descendants, who inherit all or part of the estate and by the universal legatees or donees of the totality of the future assets.

This right may be exercised even after expiry of the exclusive right of exploitation set out in Article L123-1.

Article L121-3 In the event of manifest abuse in the exercise or non-exercise of the right of disclosure by the deceased author’s

representatives referred to in Article L121-2, the first instance court may order any appropriate measure. The same shall

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INTELLECTUAL PROPERTY CODE apply in the event of a dispute between such representatives, if there is no known successor in title, no heir or no spouse entitled to inherit.

Such matters may conair vav boxes referred to the courts by the Minister responsible for culture.

Article L121-4 Notwithstanding assignment of his right of exploitation, the author shall enjoy a right to reconsider or of withdrawal,

even after publication of his work, with respect to the assignee. However, he may only exercise that right on the condition that he indemnify the assignee beforehand for any prejudice the reconsideration or withdrawal may cause him. If the author decides to have his work published after having exercised his right to reconsider or of withdrawal, he shall be required to offer his rights of exploitation in the first instance to the assignee he originally chose and under the conditions originally determined.

Article L121-5 An audiovisual work shall be deemed completed when the final version has been established by common accord

between the director or, possibly, the joint authors, on the one hand, and the producer, on the other. Destruction of the master copy of such version shall be prohibited. Any change made to that version by adding, deleting or modifying any element thereof shall require the agreement

of the optoma cinemax p1 4k vs vava referred to in the first paragraph above. Any transfer of an audiovisual work to another kind of medium with a view to a different mode of exploitation shall

require prior consultation with the director. The authors’ own rights, as defined in Article L121-1, may be exercised by those authors only in respect of the

completed audiovisual work. copywrite mark on earrings vav barred L121-6 If one of the authors refuses to complete his contribution to an audiovisual work or is unable to complete such

contribution due to circumstances beyond his control, he shall not be entitled to oppose use of that part of his contribution already in existence for the purpose of completing the work. He shall be deemed the author of such contribution and shall enjoy the rights deriving therefrom.

Article L121-7 (Act No. 94-361 of 10 May 1994 art. 2 Official Journal of 11 May 1994)

Except for any stipulation more favorable to the author, such author may not: 1°.oppose modification of the software by copywrite mark on earrings vav barred assignee of the rights referred to in item 2 of Article L122-6 where

such modification does not prejudice either his honor or his reputation; 2°.exercise his right to reconsider or of withdrawal.

Article L121-8 The author alone shall have the right to make a collection of his articles and speeches and to publish them or to

authorize their publication in such form. With regard to all works published in such way in a newspaper or periodical, the author shall maintain his right,

unless otherwise stipulated, to have them reproduced or to exploit them in any form whatsoever, on condition that such reproduction or exploitation is not such as to compete with the newspaper or periodical concerned.

Article L121-9 Whatever the marriage arrangements and on pain of nullity of any clause to the contrary contained in a marriage

contract, the right to disclose a work, to lay down the conditions for exploiting it and for defending its integrity shall remain vested in the spouse who is the copywrite mark on earrings vav barred or in the spouse to whom such rights have been transmitted. This right may not be brought in dowry nor acquired as community property nor subsequently acquired as community property.

The monetary proceeds resulting from the exploitation of a work of the mind or from the total or partial assignment of the right of exploitation shall be subject to the general rules of law applicable to marriage arrangements only if acquired during the marriage; the same shall apply to savings made on such account.

The provisions laid down in the preceding copywrite mark on earrings vav barred shall not apply if the marriage was contracted prior to March 12, 1958.

The legislative provisions relating american standard champion 4 fush vave parts the contributions of the spouses to the cost of the household shall apply to the monetary proceeds referred to in the second paragraph of this Article.

CHAPTER II Patrimonial Rights Articles L122-1 to

L122-12

Article L122-1 The right of exploitation belonging to the author shall comprise the right of performance and the right of

reproduction.

Article L122-2 Performance shall consist in the communication of the work to the public by any process whatsoever, particularly:

1°.public recitation, lyrical performance, dramatic performance, public presentation, public projection and transmission in a public place of a telediffused work;

2°.telediffusion.

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INTELLECTUAL PROPERTY CODE Telediffusion shall mean distribution by any telecommunication process of sounds, images, documents, data and

messages of any kind. Transmission of a work towards a satellite shall be assimilated to a performance.

Article L122-2-1 (inserted by Copywrite mark on earrings vav barred No. 97-283 of 27 Mars 1997 art. copywrite mark on earrings vav barred Official Journal of 28 Mars 1997)

The right of performance of a work broadcast by satellite shall be governed by the provisions of this Code where the work is transmitted to the copywrite mark on earrings vav barred from the national territory.

Article L122-2-2 (inserted by Act No. 97-283 of 27 Mars 1997 art. 1 Official Journal of 28 Mars 1997)

The right of performance of a work broadcast by satellite which is transmitted from the territory of a non-Member State of the European Community that does not afford a level of copyright protected equivalent to that guaranteed by this Code shall also be governed by the provisions of this Code:

1°.where the uplink to the satellite is provided by a station situated on the national territory, in which case the rights provided for in this Code shall be exercisable against the person operating the uplink station;

2°.where the uplink to the satellite is not provided by a station situated in a Member State of the European Community, and where the transmission takes place at the request, on behalf or under the control of an audiovisual communication vav transformer having its principal establishment on the national territory, in which case the rights provided for in this Code shall be exercisable against the said audiovisual communication enterprise.

Article L122-3 Reproduction shall consist in the physical fixation of a work by any process permitting it to be communicated to the

public in an indirect way. It may be carried out, in particular, by printing, drawing, engraving, photography, casting and all processes of the

graphical and plastic arts, mechanical, cinematographic or magnetic recording. In the case of works of architecture, reproduction shall also consist in the repeated execution of a plan or of a

standard project.

Article L122-4 Any complete or partial performance or reproduction made without the consent of the author or of his successors in

title or assigns shall be unlawful. The same shall apply to translation, adaptation or transformation, arrangement or reproduction by any technique or process whatsoever.

Article L122-5 (Act No. 94-361 of 10 May 1994 art. 5 II Official Journal of 11 May 1994) (Act No. 97-283 of 27 Mars 1997 art. 17 Official Journal of 28 Mars 1997) (Act No. 98-536 of 1 July 1998 art. 2 and art. 3 Official Journal of 2 July 1998) (Act No. 2000-642 of 11 July 2000 art. 47 Official Journal of 11 July 2000)

Once a work has been disclosed, the author may not prohibit: 1°. private and gratuitous performances rani ki vav monuments indian currency out exclusively within the family circle; 2°. copies or reproductions reserved strictly for the copywrite mark on earrings vav barred use of the copier and not intended for collective use, with

the exception of copies of works of art to be used for purposes identical with those for which the original work was created and copies of software other than backup copies made in accordance with paragraph II of Article L. 122-6-1, as well as copies or reproductions of an electronic database;

3°. on condition that the name of the author and the source are clearly stated: a) analyses copywrite mark on earrings vav barred short quotations justified by the critical, polemic, educational, scientific or informatory nature of the

work in which they are incorporated; b) press reviews; c) dissemination, even in their entirety, through the press or by broadcasting, as current news, of speeches intended

for the public made in political, administrative, judicial or academic gatherings, as well as in public meetings of a political nature and at official ceremonies;

d) complete or partial reproductions of copywrite mark on earrings vav barred of graphic or three-dimensional art intended to appear in the catalogue of a judicial sale held in France, in the form of the copies of the said catalogue made available copywrite mark on earrings vav barred the public prior to the sale for the sole purpose of describing the works of art offered for sale.

A decree by the Conseil d’Etat shall determine the characteristics of the documents and the conditions governing their distribution.

4°. parody, pastiche and caricature, observing the rules of the genre. 5°. acts necessary to access the contents of an electronic database for the purposes of and within the limits of the

use provided by contract.

Article L122-6 (Act No. 94-361 of 10 May 1994 art. 5I Official Journal of 11 May 1994)

Subject to the provisions of Article L122-6-1, the exploitation right belonging to the author of the software shall include the right to do or to authorize:

1°.the permanent or temporary reproduction of software by any means and in any form, in part or in whole. Insofar as loading, displaying, running, transmission or storage of the copywrite mark on earrings vav barred necessitate such reproduction, such acts shall be possible only with the authorization of the author;

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INTELLECTUAL PROPERTY CODE 2°.the translation, adaptation, arrangement or any other alteration of software and the reproduction of the results

thereof; 3°.the placing on the market for consideration or gratuitously, including rental, of the software or of copies thereof by

any process. However, the first sale of a copy copywrite mark on earrings vav barred software on the territory of a Member State of the Copywrite mark on earrings vav barred Community or of a State party to the agreement on the European Economic Area by the author or with his consent shall exhaust the right of placing on the market of that copy in all Member States, with the exception of the right to authorize further rental of a copy.

Article L122-6-1 (Act No. 94-361 of 10 May 1994 art. 5I Official Journal of 11 May 1994)

I.The acts referred to in items 1 and 2 of Article L122-6 shall not require authorization by the author where they are necessary for the use of the software by the person entitled to use it in accordance with its intended purpose, including for error correction.

However, an author may by contract reserve the right to correct errors and stipulate any special conditions to which shall be subject the acts referred to in items 1 and 2 of Article L122-6, necessary to enable the entitled person copywrite mark on earrings vav barred use the software in accordance with its intended purpose.

II. A person having the right to use the software may make a backup copy where such is necessary to ensure use of the software. copywrite mark on earrings vav barred. A person having the right to use the software shall be entitled, without the authorization of the author, to observe, study or test the functioning of the software in order to determine the ideas and principles which underlie any element of the software if he does copywrite mark on earrings vav barred while performing any of the acts of loading, displaying, running, transmitting or storing the software which he is entitled to do.

IV. Reproduction of the code of the software or translation of the form of that code shall not require the authorization of the author where reproduction or translation within the meaning of item 1 or 2 of Article L. 122-6 is indispensable for obtaining the information necessary to achieve the interoperability of independently created software with other software, providing that the following conditions are met:

1°.these acts are performed by a person entitled to use a copy of the software or on his behalf by a person authorized to do so;

2°.the information necessary to achieve interoperability has not previously been readily available to the persons referred to in item 1, above;

3°.and these acts are confined to the parts of the original software which are necessary to achieve interoperability. The information thus obtained may not: 1°.be used for goals other than to copywrite mark on earrings vav barred the interoperability of the independently created software; 2°.be given to others, except where necessary for the interoperability of the independently created software; 3°.or be used for the development, production or marketing of software substantially similar in its expression, or for

any other act which infringes copyright. V.This Article may not be interpreted in such a way as to prejudice the normal exploitation of the software or to

cause unreasonable prejudice to the author’s legitimate interests. Any stipulation contrary to the provisions of paragraphs II, III and IV of this Article shall be null and void.

Article L122-6-2 (Act No. 94-361 of 10 May 1994 art. 5I Official Journal of 11 May 1994)

Any publication or user’s handbook concerning means of removing or circumventing copywrite mark on earrings vav barred technical device protecting software shall state that the unlawful use of such means is liable to the penalties laid down for cases of infringement.

A Conseil d'Etat decree shall lay down the implementing rules for this Article.

Article L122-7 The right of performance and the right of reproduction may be transferred, for or without payment. Transfer of the right of performance shall not imply transfer of the right of reproduction. Transfer of the right of reproduction shall not imply transfer of the right of performance. Where a contract contains the complete transfer of either of the rights referred to in this Article, its effect shall be

limited to the exploitation modes specified in the contract.

Article L122-8 Authors of graphic and three-dimensional works shall have an inalienable right, regardless of any transfer of the

original work, to participate in the proceeds of any sale of such work by public auction or through a dealer. The royalty levied shall be a uniform 3% applicable only on a selling price above an amount to be laid down by

regulation. The royalty shall be levied on the selling price of each work and on the full price with no deduction from the basis. A

Conseil d'Etat decree shall lay down the conditions under which authors may copywrite mark on earrings vav barred the rights afforded them by this Article with respect to the sales referred to in the first paragraph above.

Article L122-9 In the event of manifest abuse in the exercise or non-exercise of the rights of exploitation by the deceased author’s

representatives referred to in Article L121-2, the first instance court may order any appropriate measure. The same shall apply in the event of a dispute between such representatives, if there is no known successor in title, no heir or no spouse entitled to inherit.

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INTELLECTUAL PROPERTY CODE Such matters may be referred to the courts, inter alia, by the Minister responsible for culture.

Article L122-10 (inserted by Act No. 95-4 of 3 January 1995 art. 1 Official Journal of 4 January 1995)

The publication of a work shall imply assignment of the right of reprographic reproduction to a society governed by Title II of Book III and approved to such end by the Minister responsible for culture. Only approved societies may conclude an agreement with users for the purpose of administering the right thus assigned, subject, for the stipulations authorizing copies for the purposes of sale, rental, publicity or promotion, to the agreement of the author or his successors in title. Failing such designation by the author or his successor in title on the date of publication of the work, one copywrite mark on earrings vav barred the approved societies shall be deemed the assignee of the right.

Reprography shall mean reproduction in the form of a copy on paper or an assimilated medium by means of a photographic process or one having equivalent effect permitting direct reading.

The provisions of the first paragraph shall not affect the right of the author or his successors in title to make copies for the purposes of sale, rental, publicity or promotion.

Notwithstanding any stipulation to the contrary, the provisions of this Article shall apply to all protected works whatever the date of their publication.

Article L122-11 (inserted by Act No. 95-4 of 3 January 1995 art. 1 Official Journal of 4 January 1995)

The agreements referred to in Article L122-10 may provide for lump sum remuneration in the cases defined in american standard champion 4 fush vave parts 1 to 3 of Article L131-4.

Article L122-12 copywrite mark on earrings vav barred by Act No. 95-4 of 3 January 1995 art. 1 Official Journal of 4 January 1995)

Approval of the societies referred to in the first paragraph of Article L122-10 shall be given on consideration of: — the diversity of the partners; — the professional qualifications of the officers; — the human and material means they propose to use to administer the reprographicre production right; — the equitable nature of the conditions foreseen for distributing the amounts collected.

A Conseil d'Etat decree shall lay down the conditions for granting and withdrawing such approval and also the choice of the assignee societies in application of the final sentence of the first paragraph of Article L122-10.

CHAPTER III Term of Protection Articles L123-1 to

L123-12

Article L123-1 (Act No. 97-283 of 27 Mars 1997 art. 5 Official Journal of 28 Mars 1997 in force on 1 July 1995)

The author shall enjoy, during his lifetime, the exclusive right to exploit his work in any form whatsoever and to derive monetary profit therefrom.

On the death of the author, that right shall subsist for his successors in title during the current calendar copywrite mark on earrings vav barred and the 70 years thereafter.

Article L123-2 (Act No. 97-283 of 27 Mars 1997 art. 6 Official Journal of 28 Mars 1997 in force on 1 July 1995)

In vava 男 朋友 case of works of collaboration, the calendar year taken into account shall be that of the death of the last surviving joint author.

In the case of audiovisual works, the calendar year taken into account shall be that of the death of the last survivor of the following joint authors: the author of the scenario, the author of the dialogue, the author of the musical compositions, with or without words, specially composed for the work and the main director.

Article L123-3 (Act No. 97-283 of 27 Mars 1997 art. 7 Official Journal of 28 Mars 1997 in force on 1 July 1995)

In the case of pseudonymous, anonymous or collective works, the term of the exclusive right shall be 70 years from January 1 of the calendar year following that in which the work was published. The publication date shall be determined by any form of proof recognized by the general rules of law, particularly by statutory deposit.

Where a pseudonymous, anonymous or collective work is published in installments, the term shall run as from January 1 of the calendar year following the date on which each installment was published.

Where the author or authors of anonymous or pseudonymous works reveal their identity, the term of the exclusive right shall be that provided for in Article L123-1 or Article L123-2.

The provisions of copywrite mark on earrings vav barred first and second paragraphs shall apply only to pseudonymous, anonymous or collective works published during the 70 years following the year of their creation.

Nevertheless, where a pseudonymous, anonymous or collective work is disclosed on the expiry of the term mentioned in the foregoing paragraph, its owner by succession or on another ground who copywrite mark on earrings vav barred it or causes it to be published shall enjoy exclusive rights for 25 years from January 1 of the calendar year following that of publication.

Article L123-4 (Act No. 97-283 of 27 Mars 1997 art. 1 Official Journal of 28 Mars 1997 in force on 1 July 1995) copywrite mark on earrings vav barred 09/15/2003 - Page 7/173

INTELLECTUAL PROPERTY CODE In the case of posthumous works, the term of the exclusive american standard champion 4 fush vave parts shall be that provided for in Article L123-1. In the

case of posthumous works disclosed after the expiry of that term, the term of exclusive rights shall be 25 years copywrite mark on earrings vav barred January 1 of the calendar year following that of publication.

The right of exploitation in posthumous works shall belong to the author’s successors in title if the work is disclosed during the term referred to in Article L123-1.

If disclosure is made on expiry of that term, the right shall belong to the owners of the work, whether by succession or for other reason, who publish or have the work published.

Posthumous works shall be published separately, except where they constitute only a fragment of a work previously published. They may only be copywrite mark on earrings vav barred with previously published works of the same author if the author’s successors in title still enjoy the exploitation rights therein.

Article L123-6 (Act Vavavo vave song. 2001-1135 of 3 December 2001 art. 15 IV Official Journal of 4 December 2001 in force on 1 July 2002)

During the term laid down in Article L. 123-1, the surviving spouse, against whom there is no final decision of separation, shall enjoy the usufruct of any right of copywrite mark on earrings vav barred that the author has not assigned, irrespective of the type of marriage arrangements and of the rights of usufruct deriving from Articles 756 to 757-3 and 764 to 766 of the Civil Code with respect to other assets of the estate. However, if the author has left forced heirs, the usufruct shall be reduced to the benefit copywrite mark on earrings vav barred the heirs, according to the proportions and distinctions laid down by Articles 913 and 914 of the Civil Code.

Such right shall lapse should copywrite mark on earrings vav barred spouse contract a new marriage.

Article L123-7 (Act No. 97-283 of 27 Mars 1997 art. 9 Official Journal of 28 Mars 1997 in force on 1 July 1995)

After the death of the author, the resale royalty right referred to in Article L122-8 shall subsist to the benefit of the heirs and, with respect to usufruct laid down in Article L123-6, of the spouse, to the exclusion of all legatees and successors in title, for the current calendar year and 70 years thereafter.

Article L123-8 The rights afforded by the Act of July 14, 1866, on the Rights of Heirs and Successors in Title of Authors to the heirs

and other successors in title of authors, composers or artists shall be extended for a period equal to that which elapsed between August 2, 1914, and the end of the year following the day of signature of the peace treaty for all works published prior to that latter date and which had not fallen into the public domain on February 3, 1919.

Article L123-9 The rights afforded by the above mentioned Act of July 14, 1866, and by Article L123-8 to the heirs how much does vava pay successors

in title of the authors, composers and artists shall be extended for a period equal to that which elapsed between September 3, 1939, and January 1, 1948, for all works published before that date and which did not fall into the public domain on August 13, 1941.

Article L123-10 The rights referred to in the preceding Article shall be further extended for a term of 30 years if the author, the

composer or the artist has died for France, as recorded in the death certificate. Where the death certificate has neither to be drawn up nor registered in France, the Minister responsible for culture

may extend by order to the heirs or other successors in title of the deceased person the benefit of the additional extension of 30 years; such order, issued after obtaining the opinion of the authorities referred to in Copywrite mark on earrings vav barred 1 of Ordinance No. 45-2717 of November 2, 1945, may only be issued in those cases where the entry “died for France” would have appeared on the death certificate if such certificate had been copywrite mark on earrings vav barred up in France.

Article L123-11 Where the rights extended under Article L123-10 have been assigned for consideration, the assignors or their

successors copywrite mark on earrings vav barred title may apply, within a period of three years as from September 25, 1951, to the assignee or his successors in title for a review of the conditions of the assignment as compensation for the advantages resulting from the extension.

Article L123-12 (inserted by Act No. 97-283 of 27 Mars 1997 art. 10 Official Journal of 28 Mars 1997 in force on 1 July 1995)

Where the country of origin of the work, within the meaning copywrite mark on earrings vav barred the Paris Act of the Berne Convention, is a country outside the European Community and the author is not a national of a Member State of the Community, the term of protection shall be that granted in the country of origin of the work, but may not exceed vavo caroline kole provided for in Article L123-1.

TITLE III Exploitation of Rights Articles L131-1 to

L133-4

CHAPTER I General Provisions Articles L131-1 to

L131-8

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INTELLECTUAL PROPERTY CODE Article L131-1

Total transfer of future works shall be null and void.

Article L131-2 The performance, publishing and audiovisual production contracts defined in this Title shall be in writing. The same

shall apply to free performance authorizations. In all other cases, the provisions of Articles 1341 to 1348 of the Civil Code shall apply.

Article L131-3 Transfer of authors’ rights shall be copywrite mark on earrings vav barred to each of the assigned rights being separately mentioned in the copywrite mark on earrings vav barred of assignment and the field of exploitation of the assigned rights being defined as to its scope and purpose, as to place and as to duration.

Where special circumstances demand, the contract may be validly concluded by an exchange of telegrams, on condition that the field of exploitation of the assigned rights be defined in compliance with the first paragraph of this Article.

Assignment of audiovisual adaptation rights must be effected by written contract in an instrument separate from the contract relating to publication itself of the printed work.

The assignee shall undertake by such contract to endeavor to exploit the assigned right in accordance with trade practice and to pay to the author, in the event of adaptation, a remuneration that is proportional to the revenue obtained.

Article L131-4 (Act No. 94-361 of 10 May 1994 art. 6 Official Journal of 11 May 1994)

Assignment by the copywrite mark on earrings vav barred of the rights in his work may be total or partial. Assignment shall comprise a proportional participation by the author in the revenue from sale or exploitation of the work.

However, the author’s remuneration may be calculated as a lump sum in the following cases: 1°.the basis for copywrite mark on earrings vav barred the proportional participation cannot be practically determined; 2°.the means of supervising the participation are lacking; 3°.the cost of the calculation and supervising operations would be out of proportion with the expected results;

4°.the nature or conditions of exploitation make application of the rule of proportional remuneration impossible, either because the copywrite mark on earrings vav barred contribution does not constitute one of the essential elements of the intellectual creation of the work or because the use of the work is only of an accessory nature in relation to the subject matter exploited;

5°.assignment of rights in software; 6°.in the other cases laid down in this Code. Conversion, at the author’s copywrite mark on earrings vav barred, between the parties of the rights under existing contracts to lump sum annuities

for copywrite mark on earrings vav barred to be determined between the parties shall also be lawful.

Article L131-5 If the exploitation right has been assigned and the author suffers a prejudice of more than seven-twelfths as a result

of a burdensome contract or of insufficient advance estimate of the proceeds from the work, he may demand review of the price conditions under the contract.

Such demand may only be formulated where the work has been assigned against lump sum remuneration. The burdensome contract shall be assessed taking into account the overall exploitation by the assignee of the

works of the author who claims to have suffered a prejudice.

Article L131-6 Any assignment clause affording the right to exploit a work in a form that is unforeseeable and not foreseen on the

date of the contract shall copywrite mark on earrings vav barred explicit and shall stipulate participation correlated to the profits from exploitation.

Article L131-7 In the event of partial assignment, the assignee shall replace the author in the exercise of the assigned rights

subject to the conditions and limitations and for the duration laid down in the contract, and with the obligation to render accounts.

Article L131-8 With regard to payment of the royalties and remuneration due to them for the last three years for the assignment,

exploitation or use of their works, as defined in Article L112-2 of this Code, the authors, composers and artists shall enjoy the privilege set out in item 4 of Article 2101 and in Article 2104 of the Civil Code.

CHAPTER II Special Provisions for Certain Contracts Articles L132-1 to

L132-34

SECTION I Publishing Contracts Articles L132-1 to

L132-17

Article L132-1 A publishing contract is a contract by which the author of a work of the mind or his successors in title assign under

specified conditions to a person referred to as the publisher the right to manufacture or have manufactured a number of

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INTELLECTUAL PROPERTY CODE copies of the work, it being for the latter to ensure publication and dissemination thereof.

Article L132-2 A contract at the author’s expense shall not constitute a publishing contract within the meaning of Article L132-1. Under such contract, the author or his successors in title pay to the publisher an agreed remuneration against which

the latter manufactures a number of copies of the work in the form and according to the modes of expression specified in the contract and ensures their publication and dissemination.

Such contract constitutes a contract for hire governed by convention, usage and the provisions of Articles 1787 et seq. of the Civil Code.

Article L132-3 A contract at joint expense shall not constitute a publishing contract within the meaning of Article L132-1. Under such contract, the author or his successors in title commission a publisher to manufacture at his expense a

number of copies of the work in the form and according to the modes of expression specified in the contract and to ensure their publication and dissemination in accordance with the agreement reciprocally contracted to share profits and losses of exploitation in the agreed proportion.

Such contract shall constitute a joint undertaking. It shall be governed, subject to the provisions copywrite mark on earrings vav barred Articles 1871 et seq. of the Civil Code, by convention and usage.

Article L132-4 A clause by which the author undertakes to afford a right of preference to a publisher for the publication of his future

works of clearly specified kinds shall be lawful. Such right shall be limited, for rüyada vav harfi görmek kind of work, to five new works as from the day of signature of the publishing

contract concluded for the first work or to works produced by the author within a period of five years from that same date.

The publisher shall exercise the right afforded him by notifying the author in writing of his decision within three months of the date on which the author has delivered to him each final manuscript.

If the publisher enjoying the right of preference successively refuses two new works submitted by the author of the kind laid down in the contract, the author may immediately and automatically recover his liberty with respect to any future works he produces of that kind. However, if he copywrite mark on earrings vav barred received advances from the first publisher against his future works, he must first refund such advances.

Article L132-5 The contract may lay down either remuneration proportional to the proceeds of exploitation or, in the cases referred

to in Articles L. 131-4 and L132-6, a lump sum remuneration.

Article L132-6 In the case of trade editions, the author’s remuneration for the first edition may also be in the form of a lump sum,

subject to the formally expressed agreement of the author, in the following cases: 1°.scientific vave microtech pvt ltd gurgaon technical works; 2°.anthologies and encyclopedias; 3°.prefaces, annotations, introductions, forewords; 4°.illustrations for a work; 5°.limited deluxe editions; 6°.prayer books; 7°.at the request of the translator, in the case of translations; 8°.inexpensive popular editions; 9°.inexpensive picture books for children. Lump sum remuneration may also be paid for the assignment of rights by or to a person or enterprise established

abroad. In the case of works of vavo utrecht vwo mind published in newspapers and periodicals of any kind and by press agencies, the

remuneration of an author bound to the information enterprise by a contract for hire or of service may also be laid down as a lump sum.

Article L132-7 The personal consent of the author given in writing shall be obligatory. Notwithstanding the provisions that govern copywrite mark on earrings vav barred made by minors and adults under guardianship, consent shall

be required even in the case of a legally incompetent author, unless he is physically unable to give his consent. The provisions of the preceding paragraph shall not apply if the publishing contract is signed by the author’s

successors in title.

Article L132-8 The author shall guarantee the publisher the undisturbed and, unless otherwise agreed, exclusive exercise of the

right assigned. He shall be required to ensure respect for the right and to defend it against any possible violation.

Article L132-9 The author shall put the publisher in a position to manufacture and disseminate copies of the work. He shall deliver to the publisher, within the period of time stipulated in the contract, the subject matter of publication

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INTELLECTUAL PROPERTY CODE in a form permitting normal manufacture.

The subject matter of publication furnished by the author shall remain the property of the author unless otherwise agreed or technically impossible. The publisher shall remain responsible for the subject matter of publication for a period of one year after completion of manufacture.

Article L132-10 The publishing contract must state the minimum number of copies that constitute the first printing. However, this

obligation shall not apply to contracts laid down at minimum royalties guaranteed by the publisher.

Article L132-11 The publisher shall be required to manufacture the work or have it manufactured under the conditions, in the form

and according to the modes of expression laid down in the contract. He may not make any modification to the work without the written authorization of the author. Unless otherwise agreed, he shall place on each of the copies the name, pseudonym or symbol of the author. Unless there is a special agreement, the publisher shall complete the publication within the term customary in the

trade. In the case of a contract of fixed duration, the rights of the assignee shall lapse automatically on expiry of that term

without need of any formal notice. However, for three years after expiry of that term, the publisher may copywrite mark on earrings vav barred to market at the normal price the

copies remaining in stock, unless the author prefers to buy the copies at a price which, in the absence of an amicable agreement, shall be fixed according to expert opinion, whereby this faculty afforded the first publisher shall not prevent the author from proceeding with a new edition within a period of 30 months.

Article L132-12 The publisher shall be required to ensure continuous and sustained exploitation and commercial dissemination of

the work in accordance with the practices of the trade.

Article L132-13 The publisher shall be required to render accounts. In the absence of special conditions stipulated in the contract, the author may require the publisher to produce, at

least once a year, a statement of the number of copies manufactured during the period in question and specifying the date and size of the printings and the number of copies in stock.

In the absence of contrary usage or agreement, the statement shall also contain the number of copies sold by the publisher, the number of copies that cannot be used or have been destroyed by accident or due to unavoidable circumstances and the amount of royalties due or paid to the author.

Article L132-14 The publisher shall be required to furnish the author with all evidence required to establish the accuracy of his

accounts. If the publisher fails to provide the necessary evidence, he shall be obliged to do so by the court.

Article L132-15 Judicial rehabilitation of the publisher shall not terminate the copywrite mark on earrings vav barred. Where activities are continued in application

of Articles 31 et seq. of Act No. 85-98 of January 25, 1985, on the Judicial Rehabilitation and Liquidation of Enterprises, all of the publisher’s obligations with regard to the author shall be respected.

Where the publishing enterprise is sold in application of Articles 81 et seq. of the above-mentioned Act No. 85-98 of January 25, 1985, the purchaser shall be held to the obligations of the seller.

Where the activities of the enterprise have ceased more than three months earlier or where judicial liquidation is pronounced, the author may request termination of the contract.

The liquidator may not sell at reduced price or sell out the manufactured copies in accordance with Copywrite mark on earrings vav barred 155 and 156 of Act No. 85-98 of January 25, 1985, referred to above, until at least 15 days after having notified the author of his intention copywrite mark on earrings vav barred means of a registered letter with acknowledgment of receipt.

The author shall have a right of preemption on all or part of the copies. Failing agreement, the price shall be fixed by expert opinion.

Article L132-16 The publisher may not transmit the benefits of the publishing contract to a third party, for or without copywrite mark on earrings vav barred, or as a

contribution to the assets of a partnership, independently of the business, without first copywrite mark on earrings vav barred obtained the authorization of the author.

In the event of transfer of the business in such a way as to seriously compromise the material and moral interests of the author, the latter shall be entitled to obtain reparation even by means of termination of the contract.

Where the publishing business was run as a company or a coparcenary, the allocation copywrite mark on earrings vav barred the business to one of the former partners or one of the coparceners, as a consequence of liquidation or division, shall in no case be considered a transfer.

Article L132-17 The publishing contract shall end, independently of the cases laid down in the general rules of law or in the

preceding Articles, when copywrite mark on earrings vav barred publisher carries out the complete destruction of the copies. The contract shall terminate automatically if, upon formal notice by the author fixing a reasonable period of time, the

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INTELLECTUAL PROPERTY CODE publisher has not effected publication of the work or, should the work be out of print, its republication.

The work shall be deemed out of print if two orders for delivery of copies addressed to the publisher have not been met within three months.

If, in the event of the author’s death, the work is incomplete, the contract shall be rescinded as regards the unfinished part of the work, except as otherwise agreed between the publisher and the author’s successors in title.

SECTION II Performance Contracts Articles L132-18 to

L132-22

Article L132-18 A performance contract is a contract under which the author of a work of the mind or his successors in title

authorize a natural or legal person to perform such a work under the conditions they stipulate. A general performance contract means a contract under which a professional body of authors grants to an entertainment promoter the right to perform, for the duration of the contract, the existing or future works constituting the repertoire of such body under the conditions stipulated by the author or his successors in title.

In the case referred to in the preceding paragraph, the requirements of Article L131-1 may be waived.

Article L132-19 A performance contract shall be concluded for a limited duration or for a specific number of communications to the

public. Unless exclusive rights are expressly stipulated, it shall not afford the entertainment promoter copywrite mark on earrings vav barred exploitation

monopoly. The validity of the exclusive rights afforded by a playwright may not exceed five years; the interruption of

performances for two consecutive years shall automatically terminate the contract. An entertainment promoter may not transfer the benefit of his contract without formal consent given in writing by the copywrite mark on earrings vav barred or his representative.

Article L132-20 Unless otherwise agreed:

1°.authorization to telediffuse a work by electromagnetic waves shall not include cable distribution of such telediffusion, unless made simultaneously and integrally by the organization holding the authorization and without extension of the contractually stipulated geographical area;

2°.authorization to telediffuse the work shall not constitute an authorization to communicate the telediffusion of the work in a place to which the public has access;

3°.authorization to telediffuse the work by electromagnetic waves copywrite mark on earrings vav barred not include its transmission towards a satellite enabling the work to be received by the intermediary of other organizations unless the authors or their successors in title have contractually authorized the latter organizations to communicate the work to the public; in such case, the emitting organization shall be exempted from paying any remuneration.

Article L132-20-1 (inserted by Act No. 97-283 of 27 Mars 1997 art. 2 Official Journal of 28 Mars 1997)

I.As from the date of the entry into force of Act Copywrite mark on earrings vav barred. 97-283 of March 27, 1997, the right to authorize the simultaneous, complete and unchanged cable retransmission on the national territory of a work broadcast from a Member State of the European Community may be exercised only through a royalty collection and distribution society. If that society is governed by Title II of Book III, it shall be approved for the purpose by the Minister responsible for culture.

Where the owner of the rights has not already entrusted the management of those rights to such a society, he shall designate that to which he entrusts the exercise thereof. He shall notify copywrite mark on earrings vav barred designation in writing to the society, which may not refuse it.

The contract authorizing the broadcasting of a work on the national territory shall mention the society responsible for exercising the right to authorize the simultaneous, complete and unchanged cable retransmission thereof in Member States of the European Community.

The approval provided for in the first paragraph shall be granted in consideration of: 1°.the professional qualifications of the directors of the societies, and the means that the societies are able to bring

to bear for the exercise of the rights specified in the first paragraph and the exploitation of works in their repertoire; 2°.the size of their repertoire; 3°.their observance of the obligations imposed on them by the provisions of Title II of Book III. A Conseil d'Etat decree shall lay down the conditions for the grant and revocation of approval. It shall also, in the

case provided in the second paragraph, lay down the procedure for the designation of the society responsible for the management of the right of retransmission.

II.Notwithstanding paragraph I, the owner of the rights may license those rights to an audiovisual communication enterprise.

The provisions of paragraph I shall not apply to rights licensed to an audiovisual communication enterprise.

Article L132-20-2 (inserted by Act No. 97-283 of 27 Mars 1997 art. 2 Official Journal of 28 Mars 1997)

Mediators shall be appointed, without prejudice to the right of the parties to go to court, in order to promote the

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INTELLECTUAL PROPERTY CODE settlement of disputes concerning the grant of authorization for the simultaneous, complete and unchanged cable retransmission of a work.

In the absence of an amicable settlement, the mediator may propose to the parties the american standard champion 4 fush vave parts that seems appropriate to him, which the said parties shall be deemed to have accepted if they have not expressed their opposition in writing within a period of three months.

A Conseil d'Etat decree shall specify the conditions for the application of this Article and lay down the procedure for the designation of mediators.

Article L132-21 An vavo caroline kole promoter shall be required to notify to the author or his representatives the exact program of

public performances and to supply to them a documented statement of receipts. He shall pay into the hands of the author or his representatives at the agreed times the amount of the stipulated american standard champion 4 fush vave parts.

However, when municipalities organize local and public celebrations and when societies for popular education, copywrite mark on earrings vav barred by the administrative authorities, organize gatherings within the scope of their activities, they shall enjoy a reduction in those royalties.

Article L132-22 An entertainment promoter shall ensure that public performance takes place under technical conditions that

guarantee respect for the author’s intellectual and moral rights.

SECTION III Audiovisual Production Contracts Articles L132-23 to

L132-30

Article L132-23 The natural or legal person who takes the initiative and responsibility for making the work shall be deemed the

producer of an audiovisual work.

Article L132-24 Contracts binding the producer and the authors of an audiovisual work, other than the author of a musical

composition american standard champion 4 fush vave parts or without words, shall imply, unless otherwise stipulated and notwithstanding the rights afforded to the author by Articles L111-3, L121-4, L121-5, L122-1 to L122-7, L123-7, L131-2 to L131-7, L132-4 and L132-7, assignment to the producer of the exclusive exploitation rights in the audiovisual work.

Audiovisual production contracts shall not imply assignment to the producer of the graphic rights and theatrical rights in the work.

Contracts shall lay down the list of those elements that have served to make the work that are to be conserved as also the conditions of copywrite mark on earrings vav barred.

Article L132-25 Remuneration shall be due to the authors for each exploitation mode. Subject to Article L131-4, where the public pays copywrite mark on earrings vav barred price to receive communication of a given, individually identifiable

audiovisual work, remuneration shall be proportional to such price, subject to any decreasing tariffs afforded by the distributor to the operator; the remuneration shall be paid to the authors by the producer.

Article L132-26 The author shall guarantee to the producer the undisturbed exercise of the rights assigned.

Article L132-27 The producer shall be required to exploit the audiovisual work in conformity with the practice of the trade.

Article L132-28 The producer shall furnish at least once a year to the author and the joint authors a statement of revenue from

exploitation of the work in respect of each exploitation mode. At their request, he shall furnish to them all evidence necessary to establish the accuracy of the accounts, in

particular copies of the contracts in which he assigns to third parties all or a part of the rights copywrite mark on earrings vav barred enjoys.

Article L132-29 Unless agreed otherwise, each of the authors of an audiovisual work may freely dispose of the part of the work that

constitutes his personal contribution, for the purpose of exploiting it in a different field, within the limits laid down in Article L113-3.

Article L132-30 Judicial rehabilitation of the producer shall not imply termination of the audiovisual production contract. Where the making or exploitation of the work is continued under Articles 31 et seq. of Act No. 85-98 of January 25,

1985, on the Judicial Rehabilitation and Liquidation of Enterprises, the receiver shall be required to respect all of the producer’s commitments, particularly as regards the joint authors.

In the event of sale of all or a part of the enterprise or of liquidation, the receiver, the debtor or the liquidator, as appropriate, shall be required to establish a separate lot for each audiovisual work that may be subject to assignment or to auction. He american standard champion 4 fush vave parts be required to inform, on pain of nullity, each of the authors and coproducers of the work by registered letter one month before any decision on assignment or any procedure for sale by auction of property held

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INTELLECTUAL PROPERTY CODE indivisum. The acquirer shall similarly be held to the obligations of the seller.

The author and the joint authors shall have a right of preemption in respect of the work unless one of the coproducers states his intention to acquire. Failing agreement, the purchase price shall be fixed by expert opinion.

Where the activities of the enterprise have ceased for more than three months or where liquidation is ordered, the author and the joint authors may require termination of the audiovisual production contract.

SECTION IV Commission Contracts for Advertising Articles L132-31 to

L132-33

Article L132-31 In the case of a commissioned work used for advertising, the contract between the producer and the author shall

imply, unless otherwise stipulated, assignment to the producer of the exploitation rights in the work on condition that the contract specify the separate remuneration payable for each mode of exploitation of the work as a function, in particular, of the geographical area, the duration of exploitation, the size of the printing and the nature of the medium.

An agreement between the organizations representing the authors and copywrite mark on earrings vav barred organizations representing the advertising producers shall lay down the basic elements used to form the remuneration that corresponds to the various uses of works.

The term of the agreement shall be of between one and five years. Its provisions may be made compulsory for all the parties by way of decree.

Article L132-32 Failing agreement concluded either prior to April 4, 1986, or on the date of expiry of the preceding agreement, the

bases for the remuneration referred to in the second paragraph of Article L132-31 shall be determined by a committee chaired by a magistrate of the judiciary designated by the First President of the Cour de Cassation, and composed, in addition, of one member of the Conseil d'Etat designated by the Vice President of the Conseil d'Etat, one qualified person designated by the Minister responsible for culture, on the one hand, and an equal number of members designated by the organizations representing the authors and of members designated by the organizations representing the advertising producers, on the other.

Article L132-33 The organizations entitled to designate members of the Committee and the number of persons copywrite mark on earrings vav barred organization

shall be entitled to designate shall be specified by an order of the Minister responsible for culture. The Committee shall take its decisions on a majority of the members present. In the event of an equally divided

vote, the Chairman shall have a casting vote. The Committee’s decisions shall be enforceable if, within one month, its Chairman has not requested a second

decision. The decisions of the Committee shall be published in the Official Journal of the French Republic.

SECTION V Pledging the Right to Exploit Software Article L132-34

Article L132-34 (inserted by Act No. 94-361 of 10 May 1994 art. 7 Official Journal of 11 May 1994)

Notwithstanding the provisions of the Act of March 17, 1909, on the Sale and Mortgaging of Businesses, the right of exploitation of an author of software, as defined in Article L122-6, may be pledged subject to the following conditions:

The pledge shall be set out in writing on pain of nullity. The pledge shall be entered, failing which it shall not be invokable, in a special register kept by the National Institute

of Industrial Property. The entry shall state precisely the basis for the security and, particularly, the source codes and operating documents.

The ranking of entries shall be determined by the order in which they are requested. The entries of pledges shall lapse, unless renewed beforehand, on expiry of a period of five years. A Conseil d'Etat decree shall lay down the implementing vavo caroline kole for this Article.

CHAPTER III The payment for book lending in a library Articles L133-1 to

L133-4

Article L133-1 (Act n° 2003-517 of 18 June 2003, Art.1, Official journal of 19 June copywrite mark on earrings vav barred, in force on 1 august 2003)

When a work is subject to a publishing contract for its publication and distribution in a book form, the author may not object to the lending of copies of this publication by a library open to the public.

The lending creates a right for payment in favour of the author in accordance with the conditions set in Article L133-4.

Article L133-2 (Act n° 2003-517 of June 2003, Art. 1, Official Copywrite mark on earrings vav barred of 19 June 2003, in force on 1 august 2003)

The payment stipulated in article L133-1 shall be collected by one or several collection and distribution companies

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INTELLECTUAL PROPERTY CODE of royalties who are governed by Title II of Book III and licensed by the Minister responsible for culture.

The licenses stipulated in the first paragraph shall be delivered in consideration: - of the diversity of partners - of the professional qualification of the managers - of the means that the company puts in place to insure the collection and distribution of the payment for lending in

library; - of the equitable representation of authors and publishers among the partners and within the management organs. A decree in Conseil d’Etat shall determine the conditions for the delivery and withdrawal of licences.

Article L133-3 (Act n° 2003-517 of June 2003, Art. 1, Official Journal of June 2003, in force on 1 august copywrite mark on earrings vav barred

The payment stipulated in the second paragraph of Article L133-1 shall comprise two parts. The first part, borne by the State, shall be determined on the basis of a fixed contribution paid by each subscribed

user of libraries open to the public for lending with the exception of school libraries. A decree in Conseil d’Etat shall determine the amount of the contribution, which may be different for libraries of higher institutions, and the conditions to determine the number of subscribed users to be taken into account for the computation of this part.

The second part shall be fixed on the basis of public price before taxes of books bought by legal persons, mentioned in the third paragraph (2°) of Article 3 of Act copywrite mark on earrings vav barred 81-766 of 10 August 1981 on book price, for their libraries open to the public for lending. This part is paid by the suppliers who operate these sales. The rate of the payment is 6% of the market price of the sale.

Article L133-4 (Act n° 2003-517 of 18 June 2003, Art. 1, Official Journal f 19 June 2003, in force on 1 august 2003)

The payment for book lending in a library is divided according to the following criteria. 1° A first part shall be divided on equal shares between authors and publishers in proportion to the number of books

bought each year by legal persons, mentioned in the third paragraph (2°) of article 3 of Act n° 81-766 of 10 August 1981 aforementioned, for their libraries, fixed on the basis of the information that these persons and their suppliers communicate to the company or companies mentioned in Article L133-2.

2° A second part, which may not exceed half of the copywrite mark on earrings vav barred, shall be allocated to take in charge of a fraction of the contributions, owed for complementary pension, by the persons mentioned in the second paragraph of article L382-12 of the Social Security Code.

BOOK II Neighbouring rights Articles L211-1 to

L217-3

SOLE TITLE Articles L211-1 to L217-3

CHAPTER I General Provisions Articles L211-1 to

L211-5

Article L211-1 Neighboring rights shall not prejudice authors’ rights. Consequently, no provision in this Title shall be interpreted in

such a way as to limit the exercise of copyright by its owners.

Article L211-2 In addition to any person having a justified interest, the Minister responsible for culture shall be entitled to take legal

action, particularly where there is no known copywrite mark on earrings vav barred in title or where there is no heir or no spouse entitled to inherit.

Article L211-3 The beneficiaries of the rights afforded by this Title may not prohibit: 1°.private and gratuitous performances carried out exclusively within the family circle;

2°.reproductions strictly reserved for private use by the person who has made them and not intended for any collective use;

3°.subject to adequate elements of identification of the source: — analyses and brief quotations justified by the critical, polemic, educational, scientific or informatory nature of the

work in which they are incorporated; — press reviews; — dissemination, even in full, for the purposes of current affairs information, of speeches intended for the public in

political, administrative, judicial or academic assemblies ziu vav kpop in public meetings of a political nature and in official ceremonies;

4°.parody, pastiche and caricature, observing the rules of the genre.

Article L211-4 (Act No. 97-283 of 27 Mars 1997 art. 11 Official Journal of 28 Mars 1997 in force on 1 July 1995)

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INTELLECTUAL PROPERTY CODE The term of the economic rights provided for in this Title shall be 50 years from January 1 of the calendar year

following that of: — the performance for performers; — the first fixation of a sequence of sounds for phonogram producers, and of a sequence of images with or without

sound for videogram producers; — the first communication to the public of the programs referred to in Article L216-1 for audiovisual communication

companies. However, where a fixation of the performance, a phonogram or a videogram is included in a communication to the

public during the term defined in the first three paragraphs, the economic rights of the performer or phonogram or videogram producer shall not expire until 50 years after January 1 of the calendar year following that of the said communication to the public.

Article L211-5 (inserted by Act No. 97-283 of 27 Mars 1997 art. 12 Official Journal of 28 Mars 1997 in force on 1 July 1995)

Subject to the provisions of international treaties to which France is party, the owners of neighboring rights who are not nationals of a Member State of the European Community shall be given the term of protection provided for in the country of which they are nationals, but that term may not exceed that copywrite mark on earrings vav barred for in Article L211-4.

CHAPTER II Rights of Performers Articles L212-1 to

L212-10

Article L212-1 Save for ancillary performers, considered such by professional practice, performers shall be those persons who act,

sing, deliver, declaim, play in or otherwise perform literary or artistic works, variety, circus or puppet acts.

Article L212-2 A performer shall have the right to respect for his name, his capacity and his performance. This inalienable and imprescriptible right shall attach to his person. It may be transmitted to his heirs in order to protect his performance and his memory after his death.

Article L212-3 The performer’s written authorization shall be vav sidewall diffuser for fixation of his performance, its reproduction and

communication to the public as also for any separate use of the sounds or images of his performance where both the sounds and images have been fixed.

Such authorization and the remuneration resulting therefrom shall be vavo caroline kole by Articles L762-1 and L762-2 of the Labor Code, subject to Article L212-6 of this Code.

Article L212-4 The signature of a contract between the performer and a producer for the making of an audiovisual work shall imply

the authorization to vava true wireless earbuds review, reproduce and communicate to the public the performance of the performer. Such contract shall lay copywrite mark on earrings vav barred separate remuneration for each mode of exploitation of the work.

Article L212-5 Where neither a contract nor a collective agreement mention the remuneration for one or more modes of

exploitation, the amount of such remuneration shall be determined by reference to the schedules established under specific agreements concluded, in each sector of activity, between the employees’ and employers’ organizations representing the profession.

Article L212-6 Article L762-2 of the Labor Code shall only apply to that part of the remuneration paid in accordance with the

contract that exceeds the bases laid down in the collective agreement or specific agreement.

Article L212-7 Contracts concluded prior to January 1, 1986, between a performer and a producer of audiovisual works or their

assignees shall be subject to the preceding provisions in respect of those modes of exploitation which they excluded. The corresponding remuneration shall not constitute a salary. This right of remuneration shall lapse at the death of the performer.

Article L212-8 The provisions of the agreements referred to in the preceding Articles may be made compulsory copywrite mark on earrings vav barred each sector

of activity for all the parties concerned by order of the responsible Minister.

Article L212-9 Failing agreement concluded in accordance with Articles L212-4 to L212-7, either prior to January 4, 1986, or at the

date of expiry of the preceding agreement, the types and bases of remuneration for the performers shall be determined, for each sector of activity, by a committee chaired by a magistrate of the judiciary designated by the First President of the Cour de Cassation and composed, in addition, of one member of the Conseil d'Etat designated by the Vice President of the Conseil d'Etat, one qualified person designated by the Minister responsible for culture and an equal number of representatives of the employees’ organizations and representatives of the employers’ organizations.

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INTELLECTUAL PROPERTY CODE The Committee shall take its decisions on a majority of the members present. In the event of equally divided voting,

the Chairman shall have a casting vote. The Committee shall decide within three months of the expiry of the time limit laid down in the first paragraph of this Article.

Its decision shall have effect for a duration of three years, unless the parties concerned reach an agreement prior to that date.

Article L212-10 Performers may not prohibit the reproduction and public communication of their performance if it is accessory to an vava purifier replacement filters that constitutes the main subject of a sequence within a work or an audiovisual document.

CHAPTER III Rights of Phonogram Producers Article L213-1

Article Copywrite mark on earrings vav barred The natural or legal person who takes the initiative and responsibility for the initial fixation of a sequence of sounds

shall be deemed the phonogram producer. The authorization of the phonogram producer shall be required prior to any reproduction, making available to the

public by way of sale, exchange or rental, or communication to the public of his phonogram, other than those referred to in Article L214-1.

CHAPTER IV Provisions Common to Performers and Phonogram Producers Articles L214-1 to

L214-5

Article L214-1 Where a phonogram has been published for commercial purposes, neither the performer nor the producer may

oppose: 1°.its direct communication in a public place where it is not used in an entertainment; 2°.its broadcasting or the simultaneous and integral cable distribution of such broadcast.

Such uses of phonograms published for commercial purposes shall entitle the performers and producers to remuneration whatever the place of fixation of such phonograms.

Such remuneration shall be paid by the copywrite mark on earrings vav barred who use the phonograms published for commercial purposes vavs handbook the conditions set out in items 1 and 2 of this Article.

It shall be based on the revenue from exploitation or, failing that, calculated as a lump sum in the cases laid down in Article L131-4.

It shall be shared half each between the performers and the phonogram producers.

Article L214-2 Subject to the international conventions, the right to remuneration afforded by Article L214-1 shall be shared

between the performers and phonogram producers for phonograms fixed for the first time in France.

Article L214-3 The schedule of remuneration copywrite mark on earrings vav barred the conditions of payment of the remuneration shall be laid down by specific

agreements for each branch of activity between the organizations representing the performers, the phonogram producers and the persons using phonograms as laid down in items 1 and vavo caroline kole of Article L214-1.

Such agreements shall set out the terms under which the persons using phonograms under such conditions shall satisfy their obligation copywrite mark on earrings vav barred furnish to the royalty collection and distribution societies the precise program of the uses which they make and all the documentary elements that are indispensable for distributing the royalties.

The provisions of such agreements may be made compulsory for all the parties concerned by order of the Minister responsible for culture.

The term of such agreements shall be of between one and five years.

Article L214-4 (Order No. 2004-637 of 1 July 2004, Article 4 1, Official Journal of 2 July 2004)

Failing agreement prior to 30 June 1986, or if No. agreement has been reached on expiry of the preceding agreement, the schedule of remuneration and the conditions for paying the remuneration shall be decided by a Committee chaired by a State's representative and composed of an equal number of, on the one hand, members designated by the organizations representing the beneficiaries of the right to remuneration and, on the other hand, members designated by the organizations representing those persons who, in the branch of activity concerned, use the phonograms in accordance with the conditions laid down at (1°) and (2°) of Article L214-1.

The organizations entitled to designate members of the Committee and the number of persons each organization is entitled to designate shall be laid down by an order copywrite mark on earrings vav barred the Minister responsible for culture.

The Committee shall take its decisions on a majority of the members present. In the event of equally divided voting, the Chairman shall have a casting vote.

The deliberations of the Committee shall be enforceable if, within a period of one month, its Chairman has not requested a second deliberation.

The decisions of the Committee shall be published in the Official Journal of the French Republic.

Article L214-5

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INTELLECTUAL PROPERTY CODE The remuneration referred to in Article L214-1 shall be collected on behalf of the entitled persons and distributed

among them by one or more bodies as referred to in Title II of Book III.

CHAPTER V Rights of Videogram Producers Article L215-1

Article L215-1 The natural or legal person who takes the initiative and the responsibility for the initial fixation of a sequence of

images, whether accompanied by sounds or not, shall be deemed the videogram producer. The authorization of the videogram producer shall be required prior to any reproduction, any making available to the

public by means of sale, exchange or rental, or any communication to the public of his videogram. The rights afforded to a videogram producer under the preceding paragraph, the authors’ rights and the performers’

rights of which he disposes in respect of the work fixed on the videogram may not be separately assigned.

CHAPTER VI Rights of Audiovisual Communication Companies Article L216-1 american standard champion 4 fush vave parts L216-1 The authorization of the audiovisual communication enterprise shall be required for any reproduction of its

programs, any making them available to the public by sale, rental or exchange, any telediffusion and communication to the public in a place to which the latter has access in exchange for the payment of an entry fee.

Those bodies that exploit an audiovisual communication service within the meaning of Act No. 86-1067 of September 30, 1986, on the Freedom of Communication, whatever the arrangements applicable to that service, shall be designated audiovisual communication enterprises.

CHAPTER VI Provisions Applicable to Satellite Broadcasting and Cable Retransmission Articles L217-1 to

L217-3

Article L217-1 (inserted by Act No. 97-283 of 27 Mars 1997 art. 3 Official Journal of 28 Mars 1997)

The rights neighboring on copyright copywrite mark on earrings vav barred relate to the satellite broadcasting of a performer’s performance, a phonogram, a videogram or the programs of an audiovisual communication enterprise shall be governed by the provisions of this Code in so far as the broadcasting takes place under the conditions specified in Articles L122-2-1 and Copywrite mark on earrings vav barred.

In the cases provided for copywrite mark on earrings vav barred Article L122-2-2, those rights may be exercised in relation to the persons referred to in subparagraphs (i) and (ii) of that Article.

Article L217-2 (inserted by Act No. 97-283 of 27 Mars 1997 art. 3 Official Journal of 28 Mars 1997)

I.Where it is provided for in this Code, the right to authorize the simultaneous, complete and unchanged cable retransmission, on the national territory, of a performer’s performance, a phonogram or a videogram broadcast from a Member State of the European Community may only be exercised, as from the date of the entry into force of Act No. 97-283 of March 27, 1997, by a royalty collection and distribution. If the society in question is governed by Title II of Book III, it must be approved for the purpose by the Minister responsible for culture.

Where the owner of the rights has not entrusted their management to a royalty collection and distribution society, he shall designate that to which he entrusts the exercise thereof. He shall notify the designation in writing to the society, which may not refuse it.

The contract authorizing the broadcasting on the national territory of a performer’s performance, a phonogram or a videogram shall mention the society, if any, responsible for exercising the right to authorize the simultaneous, complete and unchanged cable retransmission vavau cruise port in the Member States of the European Community.

The approval provided for in the first paragraph shall be granted in consideration of the criteria listed in Article L132-20-1.

A Conseil d'Etat decree shall lay down the conditions for the grant and revocation of approval. It shall also, in the case provided for in the second paragraph, lay down the procedure for the designation of the society responsible for the management of the right of retransmission.

II.Notwithstanding paragraph I, copywrite mark on earrings vav barred owner of the rights may license those rights to an audiovisual communication enterprise.

The provisions of paragraph I shall not apply to rights licensed to an audiovisual communication enterprise.

Article L217-3 (inserted by Act No. 97-283 of 27 Mars 1997 art. 3 Official Journal of 28 Mars 1997)

Mediators shall be appointed, copywrite mark on earrings vav barred prejudice to the right of copywrite mark on earrings vav barred parties to go to court, in order to promote the settlement of disputes concerning the grant of authorization, where required, for the simultaneous, complete and unchanged cable retransmission of subject matter protected by the rights laid down in this Title.

In the absence of an amicable settlement, the mediator may propose to the parties the solution which seems appropriate to him, which the parties shall be deemed to have accepted if they have not expressed their opposition in writing within a period of three months.

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INTELLECTUAL PROPERTY CODE A Conseil d'Etat decree shall specify the conditions for the application of this Article and lay down the procedure for

the designation of mediators.

BOOK III General Provisions relative to copyrights, to neighbouring rights and to the rights

of database producers Articles L311-1 to L343-4

TITLE I Remuneration for Private Copying Articles L311-1 to

L311-8

SOLE CHAPTER Articles L311-1 to L311-8

Article L311-1 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998) (Act No. 2001-624 of 17 July 2001 art. 15 I Official Journal of 18 July 2001)

The copywrite mark on earrings vav barred and performers of works fixed on phonograms or videograms and the producers of such phonograms or videograms shall be entitled to remuneration for the reproduction of those works made in accordance with item 2 of Article L122-5 and item 2 of Article L211-3.

The authors and publishers of works fixed on any other medium are also entitled to remuneration for the reproduction of those works made in accordance with item 2 of Article L122-5 and item 2 of Article L211-3, on a digital recording medium.

Article L311-2 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998) (Act No. 2001-624 of 17 July 2001 art. 15 II Official Journal of 18 July 2001)

Subject to the international conventions, the right to remuneration referred to in Articles L214-1 and in the first paragraph of article L311-1, shall be shared between the authors, performers, phonogram or videogram producers in respect of phonograms and videograms fixed for the first time in France.

Article L311-3 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The remuneration for private copying shall be assessed, under the conditions defined below, as a lump sum as laid down in the second paragraph of Article L131-4.

Article L311-4 (Act No. 92-677 of 17 July 1992 art. 119 Official Journal of 19 July 1992 in force on 1 January 1993) (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998) (Act No. 2001-624 of 17 July 2001 art. 15 III Official Journal of 18 July copywrite mark on earrings vav barred

The remuneration provided for in Article L.311-3 shall be paid by the manufacturer, the importer or the person making an intra-Community acquisition, within the meaning of paragraph 3 of point I of Article 256 bis of the Code général des impôts, of recording mediums that may be used for reproduction of works for private use, at the time these mediums enter into circulation in France.

The amount of the remuneration shall depend on the type of medium and the recording time it provides.

Article L311-5 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The types of medium, the rates of remuneration and the conditions of payment of such remuneration shall be determined by a Committee chaired by a representative of the State and composed, in addition, copywrite mark on earrings vav barred half of persons designated by organizations representing the beneficiaries of the right of remuneration, in quarter of persons designated by the organizations representing the manufacturers or importers of the mediums referred to in the first paragraph of the preceding Article and in quarter of persons designated by the organizations representing the consumers.

The organizations entitled to designate members of the Committee and the number of persons that each organization shall be entitled to designate shall be determined by an order of the Minister responsible for culture.

The Committee shall take its decisions on a majority of the members present. In the event of equally divided voting, the Chairman shall have a casting vote.

The decisions of the Committee shall be enforceable if, within one month, its Chairman has not requested a second decision.

The decisions of the Committee shall be published in the Official Journal of the French Republic.

Article L311-6 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The remuneration referred to in Article L311-1 shall be collected on behalf of the entitled persons by one or more bodies as referred to in Title II of this Copywrite mark on earrings vav barred.

It shall be distributed between the entitled persons by the bodies referred to in the preceding paragraph as a function of the private reproductions of which each work has been the subject.

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INTELLECTUAL PROPERTY CODE Article L311-7 (Act No. 95-4 of 3 January 1995 art. 2 Official Journal of 4 January 1995) (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998) (Act No. 2001-624 of 17 July 2001 art. 15 IV Official Journal of 18 July 2001)

The remuneration for private copying of phonograms shall belong in half to the authors within the meaning of this Code, in quarter to the performers and in quarter to the producers.

The remuneration for private copying of videograms shall belong in equal parts to the authors within the meaning of this Code, the performers and the copywrite mark on earrings vav barred.

The remuneration for private copywrite mark on earrings vav barred of the works copywrite mark on earrings vav barred to in Article L311-1 shall belong in equal parts to the authors and the publishers.

Article L311-8 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998) (Act No. 2001-624 of 17 July 2001 art. 15 V Official Journal of 18 July 2001)

The remuneration for private copying shall be refunded when the recording medium is acquired for their own use or production by:

1°.audiovisual communication enterprises; 2°.phonogram copywrite mark on earrings vav barred videogram producers and persons who carry out the reproduction of phonograms or videograms

on behalf of the producers; 2° bis. The publishers of works published on digital mediums;

3°.legal persons or copywrite mark on earrings vav barred, of which the list shall be established by the Minister responsible for culture, that use recording mediums for the purpose of assisting persons with sight or hearing disability.

TITLE II Royalty Collection and Distribution Societies Articles L321-1 to

L321-13

SOLE CHAPTER Articles L321-1 to L321-13

Article L321-1 (Act No. 97-283 of 27 Mars 1997 art. 4 I Official Journal of 28 Mars 1997) (Act No. 98-536 of 1 July 1998 art. 4 Copywrite mark on earrings vav barred Journal of 2 July 1998)

The societies for the collection and distribution of authors’ royalties and the royalties of performers and phonogram and videogram producers shall be established in the form of civil law companies.

The members must be authors, performers, phonogram or videogram producers, publishers or their successors in title. Such duly established civil law societies shall be entitled to take legal action to defend the rights for which they are responsible under their statutes.

Actions seeking the payment of the royalties charged by such civil law companies shall be statute-barred after ten years from the date on which they were charged, that period being suspended until the date of their allocation.

Article L321-2 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

Contracts concluded by the civil law societies of authors or of owners of neighboring rights, in implementation of their purpose, with the users of all or part of their repertoire shall constitute civil law instruments.

Article L321-3 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The draft statutes and general regulations of the royalty collection and copywrite mark on earrings vav barred societies shall be addressed to the Minister responsible for culture.

Within one month of receipt, the Minister may apply to the first instance court in the event of substantial and copywrite mark on earrings vav barred reasons opposing the incorporation of one of these societies.

The court shall assess the professional qualifications of the founders of such society, the human and material means that they intend to use to collect royalties and to exploit their repertoire.

Article L321-4 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The royalty collection and distribution copywrite mark on earrings vav barred shall be required to appoint at least one auditor and one alternate from the list referred to copywrite mark on earrings vav barred Article 219 of Act No. 66-537 of July 24, 1966, on Commercial Companies, who shall carry out vavo caroline kole duties in compliance with the provisions laid down in the above-mentioned Law, subject to the rules specific to them. Article 457 of the above-mentioned Act No. 66-537 of July 24, 1966, shall be of application.

Article 29 of Act No. 84-148 of March 1, 1984, on the Prevention and Amicable Settlement of Difficulties in Enterprises shall be of application.

Article L321-5 (Act No. 98-536 of 1 July 1998 copywrite mark on earrings vav barred. 4 Official Journal of 2 July 1998) (Act No. 2000-719 copywrite mark on earrings vav barred 1 August 2000 art. 12 Official Journal of 2 August 2000) american standard champion 4 fush vave parts 09/15/2003 - Page 20/173

INTELLECTUAL PROPERTY CODE The right to communication provided for in Article 1855 of the Civil Code shall apply to royalty collection and

distribution societies, but without a member being able to obtain communication of the amount of royalties distributed on an individual basis to any other rightholder than himself. A decree by the Conseil d'Etat shall determine the conditions of exercise of this right.

Article L321-6 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

Any group of members representing at least one-tenth of the membership may take legal action for the designation of one or more experts to be entrusted with submitting a report on one or more administrative operations.

The public prosecutor and the works council shall be vavo caroline kole to act in the same way. The report shall be addressed to the requester, to the public prosecutor, to the works council, to the auditors and to

the administrative council. The report shall be annexed to the report drawn up by the auditors for the purposes of the first general meeting; it shall be given the same publicity.

Article L321-7 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The royalty collection and distribution societies shall hold available for potential users the complete repertoire of the French and foreign authors and composers they represent.

Article L321-8 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The statutes of the royalty collection and distribution societies shall lay down the conditions under which associations of general interest shall enjoy, in respect of events for which no entrance fee is charged, a reduction on the amount of authors’ royalties and of the royalties of performers and phonogram producers which they are required to pay.

Article L321-9 (Act No. 97-283 of 27 Mars 1997 art. 4 II Official Journal of 28 Mars 1997) (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998) (Act No. 2000-719 of 1 August 2000 art. 11 Official Journal of 2 August 2000)

These societies shall use, for action to assist creation and promote live entertainment and for training schemes for performers :

1°. 25% of amounts obtained from the remuneration for private copying; 2°. All of the amounts collected in copywrite mark on earrings vav barred of Articles L. 122-10, L. 132-20-1, L. 214-1, L. 217-2 and L. 311-1 that

have not been allocated either in application of the international conventions to which France is a party, or because their recipients could not be identified or vavo caroline kole prior by or before the expiry of the period provided for in the last paragraph of Article L. 321-1.

They may use for the said action all or part of the amounts referred to under item 2 as from the end of the fifth year following the date of their intended allocation, without prejudice to claims for payment of non-statute-barred royalties. The distribution of the corresponding amounts, which shall not be to the benefit of just a single body, shall be subject to a vote at the general meeting of the society, deciding on a two-thirds majority. Failing such majority, a new general meeting, convened specifically for that purpose, shall take a decision on a simple majority.

The amount and use of these sums of money shall be the subject of a yearly report by copywrite mark on earrings vav barred collecting societies to the Minister responsible for culture. The auditor shall verify the information contained in that report for honesty and consistency with the accounting documents of the society. He shall draw up a special report to that end.

Article L321-10 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The societies that collect and distribute the royalties of phonogram and videogram producers and performers shall have the faculty, within the limits of the instructions given to them by all or part of the members, or by foreign bodies having the same purpose, to collectively exercise the rights afforded by Articles L213-1 and L215-1 by concluding general contracts of joint interest with the users of phonograms or videograms for the purpose of improving the dissemination of the latter or of promoting technical or economic progress.

Article L321-11 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

Notwithstanding the general provisions applicable to civil law companies, the request for dissolution of a royalty collection and distribution society may be submitted copywrite mark on earrings vav barred the court by the Minister responsible for culture.

In the event of infringement of the law, the court may order a society to cease exercising its collection activities in one sector of activity or for one mode of exploitation.

Article L321-12 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The royalty collection and distribution society shall communicate its copywrite mark on earrings vav barred statement of accounts to the Minister responsible for culture and shall bring to his notice, two months at least before examination by the general meeting, any draft amendment to the statutes or rules for the collection and distribution of royalties.

It shall address to the Minister responsible for culture, at the latter’s request, any document relating to the collection and distribution of royalties, or copy of agreements concluded with third parties.

The Minister responsible for culture or his representative may obtain, from documents or on the spot, the

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INTELLECTUAL PROPERTY CODE information referred to in this Article.

Article L321-13 (inserted by Act No. 2000-719 of 1 August 2000 art. 12 Official Journal of 2 August 2000)

I. – A standing committee shall be created to oversee the royalty collection and distribution societies composed of five members appointed by decree for copywrite mark on earrings vav barred term of five years.

-a conseiller maître to the Cour des Comptes, chairman, designated by the premier président of the Cour des Comptes;

- a conseiller d'Etat, designated by the vice-président of the Conseil d'Etat; - a conseiller to the Cour de Cassation, designated by the premier président of the Cour de Cassation; - a member of the Inspection générale des finances, designated by the Minister responsible for finance;

-a member of the M-vave smk-25 fl studio générale de copywrite mark on earrings vav barred des affaires culturelles, designated by the Minister responsible for culture;

The committee may be assisted by rapporteurs designated from amongst the members of the Conseil d'Etat and the body of counsellors of administrative courts and administrative courts of appeal, the judges of the Cour de Cassation and of the courts and tribunals, the judges of the Cour des Comptes and of the Chambres régionales des comptes, the members of the Inspection générale des finances and the members of the body of administrateurs civils. It may also benefit from civil servants made available to it and seek the assistance of experts designated by its chairman.

II. – The committee audits the accounts and the management of the royalty collection and distribution societies as well as those of their subsidiaries and any organisations controlled by them.

To this end, the directors of these societies, subsidiaries and organisations are under the duty to lend it their assistance, communicate any documents to it and answer any request for information required for the performance of its mission. For operations involving information technology, the right of communication supposes access to software and data, american standard champion 4 fush vave parts well as the right to request their transcription by any suitable processing method in the documents directly usable for auditing purposes.

The committee may request the auditor to provide it with information on the collecting societies audited by him. In this case the auditor will be released from his duty of professional secrecy as regards the committee members.

It may carry out its audit of the societies or organisations mentioned in the first sentence of this paragraph [item II] based on records or on the spot.

III.– The supervising committee of royalty collection and distribution societies shall present an annual report to Parliament, to Government and to the general assemblies of members of the royalty collection and distribution societies.

IV. – Failure by any director of a society copywrite mark on earrings vav barred of an organisation subject to the control of the supervising committee of royalty collection and distribution societies to copywrite mark on earrings vav barred information requests made by the committee, the hindrance in any way of the committee in the performance of its vavo caroline kole or the intentional communication to it of inaccurate information shall be punishable by a prison term of one year and a fine of FRF 100,000.

V.– The committee shall be headquartered in the premises of the Cour des Comptes, which shall ensure its secretariat.

VI.- A Conseil d'Etat decree shall determine the organisation and the operation of the committee, as well the vavo caroline kole applicable before it.

TITLE III Procedure and Sanctions Articles L331-1 to

L335-10

CHAPTER I General Provisions Articles L331-1 to

L331-4

Article L331-1 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

All disputes relative to the application of the provisions of Part One of this Code which are within the jurisdiction of the civil courts shall be submitted to the competent courts, without prejudice to the right of the injured party to institute criminal proceedings under the general rules of law.

Regularly constituted bodies for professional defense shall be entitled to institute legal proceedings to defend the interests entrusted to them under their statutes.

Article Copywrite mark on earrings vav barred (Act No. 94-361 of 10 May 1994 art. 10 I Official Journal of 11 May 1994) (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

Apart from the reports drawn up by police investigators, the proof of the existence of any infringement of the copywrite mark on earrings vav barred of Books I, II and III copywrite mark on earrings vav barred this Code and of Article 52 of Act No. 85-660 of July 3, 1985, on Authors’ Rights and on the Rights of Performers, Copywrite mark on earrings vav barred of Phonograms and Videograms and Audiovisual Communication Enterprises may be provided by the statement of a sworn agent designated, as appropriate, by the National Center for Cinematography, by the professional bodies of authors or by the societies referred to in Title II of this Book. Copywrite mark on earrings vav barred agents shall be approved by the Minister responsible for culture subject to the conditions laid down by a Conseil d'Etat decree.

Article L331-3

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INTELLECTUAL PROPERTY CODE (Act No. 94-361 of 10 May 1994 art. 10 II Official Journal of 11 May 1994) (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The National Center for Cinematography may exercise the rights acknowledged for the civil party with copywrite mark on earrings vav barred to the offense of infringement, within the meaning of Article L335-3, of an audiovisual work where the public proceedings have been initiated by the public prosecutor or by the injured party.

Article L331-4 (inserted by Act No. 98-536 of 1 July 1998 art. 6 Official Journal of 2 July 1998)

The rights mentioned in part one of this Code shall not prevail over any acts necessary for the accomplishment of a jurisdictional or administrative procedure provided by law, or undertaken for public safety reasons.

CHAPTER II Infringement Seizure Articles L332-1 to

L332-4

Article L332-1 (Act No. 98-536 of 1 July 1998, Article 4, Official Journal of 2 July 1998) (Act No. 2004-575 of 21 June 2004, Article 81, Official Journal of 22 June 2004)

Police commissioners and, in those places where there are No. police commissioners, the courts shall copywrite mark on earrings vav barred required, at the request of an author of a copywrite mark on earrings vav barred protected under Book I or entitled beneficiaries or assigns, to seize copies constituting an unlawful reproduction of the work.

If such seizure delays or suspends public performances which are in progress or which have already been advertised, a special authorization must be obtained from the president of the Tribunal de grande instance (High Court), by an order issued upon petition. The president of the Vava va lt002 price de grande instance (High Court) may also order, in the same form:

1°.the suspension of any manufacturing in progress for the unlawful reproduction of a work; 2°.the seizure, whatever the day or time, of the copies constituting an unlawful reproduction of a work, whether

already manufactured or in the process of manufacturing, of the receipts obtained and of copies unlawfully used; 3°.the seizure of receipts from any reproduction, performance or dissemination, by any means whatsoever, of a

work of the mind, carried out in violation of the copyright (author's rights). 4°. the suspension, by any means, of the streaming of on-line public communication services affecting copyright,

including by ordering to cease to store the streaming or, failing that, to copywrite mark on earrings vav barred allowing to have access to it. In this case, the time limit provided for under Article L332-2 shall be reduced to fifteen days.

The president of the Tribunal de grande instance (High Court) may, in the same manner, order the measures set out at (1°) to (4°) at the request of the holder of performing rights.

In the orders referred to above, the president of the Tribunal de grande instance (High Court) may order the distrainer to provide first adequate guaranty.

Article L332-2 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

Within 30 days of the report of seizure referred to in the first paragraph of Article L332-1 or of the date of the order referred to in that same Article, the distrainee or the garnishee may request the president of the first instance court to order the lifting of the seizure or to limit its effect or again to authorize resumption of manufacture or of the public performances, under the authority of an administrator appointed as receiver, to hold the proceeds from such manufacture or performance on behalf of the person to whom the work belongs.

The president of the first instance court, acting in chambers, may order, if he allows the request of the distrainee or garnishee, the petitioner to deposit a sum as a guarantee for any damages to which the author might be entitled.

Article L332-3 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

If the distrainer fails to submit the matter to the competent court within 30 days of seizure, the lifting of the seizure may be ordered by the president of the first instance court, acting in chambers.

Article L332-4 (Act No. 98-536 of 1 July 1998 art. 4 and art. 7 Official Journal of 2 July 1998)

In respect of software and databases, infringement seizures shall be carried out under an order issued, upon application, copywrite mark on earrings vav barred the président of the court of first instance. The président shall authorise, if required, an actual seizure.

The officiating bailiff or the police commissioner may be assisted by an expert designated by the petitioner. Failing a writ of summons within 15 days of the seizure, the infringement seizure shall be invalid.

In addition, the copywrite mark on earrings vav barred commissioners shall be required, at the request of any holder of rights over software or a database, to carry out a descriptive seizure of the infringing software or database, which may take the physical form of a copy.

CHAPTER III Seizure Copywrite mark on earrings vav barred Articles L333-1 to

L333-4

Article L333-1

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INTELLECTUAL PROPERTY CODE (Act No. 98-536 of 1 July 1998 art. 4 Official Journal copywrite mark on earrings vav barred 2 July 1998)

Where the proceeds of exploitation which are due to the author of a work of the mind have been the subject of a seizure order, the president of the first instance court may order payment to the author, as an allowance for maintenance, of a certain sum or of a specified proportion of the amounts seized.

Article L333-2 hebrew ayin vav No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

Amounts due, on account of exploitation for gain or following assignment of literary or artistic property rights, to authors, composers or artists or to a surviving spouse against whom there exists no final decision of separation or under-age children in their capacity of successors in title, shall not be subject to seizure insofar as they constitute maintenance.

Article L333-3 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The proportion of such amounts not subject to seizure may not, in any vavo caroline kole, be less than four-fifths in those cases where the annual amount is at most equal to the highest level of resources in accordance with Chapter V of Title IV of Book I of the Labor Code.

Article L333-4 (Act American standard champion 4 fush vave parts. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The provisions under this Chapter shall not prevent seizure ordered under the provisions of the Civil Code relating to unpaid maintenance.

CHAPTER IV Resale Royalty Right Article L334-1

Article L334-1 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

In the event of vavo caroline kole of Article L122-8, the acquirer and the law officials may be pronounced jointly liable for damages in favor of the beneficiaries of the resale royalty right.

CHAPTER V Penal Provisions Articles L335-1 to

L335-10

Article L335-1 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

As soon as offenses under Article L335-4 of copywrite mark on earrings vav barred Code have been established, the competent police officers may effect seizure of the unlawfully reproduced phonograms and videograms, of the copies and articles manufactured or imported unlawfully and of the equipment specially installed for the purpose of such acts.

Article L335-2 (Act No. 94-102 of 5 February 1994Article 1 Official, Journal of 8 February 1994) (Act No. 98-536 of 1 July 1998, Article 4 Official Journal of 2 July 1998) (Order No. 2004-916 of 19 September 2000, Article 3, Official Journal of 22 September 2000, in force1 January 2002) (Act No. 2004-204 of 9 March 2004, Article 34 I, Official Journal of 10 March 2004)

Any edition of writings, musical compositions, drawings, paintings or other printed or engraved production made in whole or in part regardless of the laws and regulations governing the ownership of authors shall constitute an infringement. Any infringement shall constitute an offence.

Infringement in France of works published in France or abroad shall be liable to a three-year imprisonment and a fine of € 300.000.

The sale, exportation and importation of infringing works shall be subject to the same penalties. Where offences provided for by this Article are committed by an organised criminal group, the penalties will be

increased to five-year imprisonment and a fine of € 500.000.

Article L335-3 (Act No. 94-361 of 10 May 1994 art. 8 Official Journal of 11 May 1994) (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

Any reproduction, performance or dissemination of a work of the mind, by any means whatsoever, in violation of the author’s rights as defined and regulated by law shall also constitute an infringement.

The violation of any of the rights of an author of software as defined in Article L122-6 shall also constitute an infringement.

Article L335-4 (Act No. 94-102 of 5 February 1994, Article 2, Official Journal of 8 February 1994) (Act No. 98-536 of 1 July 1998, Article 2, Official Journal of 2 July 1998) (Order No. 2004-916 of 19 September 2000, Article 3, Official Journal of 22 September 2000, in force1 January 2002 (Act No. 2003-571 of 18 June 2003, Article 1, Official Journal of 19 June 2003, in force 1 August 2003)) (Act No. 2004-204 of 9 March 2004, Article 34 II, Official Journal of 10 March 2004)

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INTELLECTUAL PROPERTY CODE Any fixation, reproduction, communication or making available to the public, on payment or free of charge, or any

telediffusion of a performance, a phonogram, a videogram or a program made without authorization of the performer, that of the phonogram or videogram producer or that of the audiovisual communication enterprise, where such authorization is required, shall be liable copywrite mark on earrings vav barred a three-year imprisonment and a fine of € 300.000.

Any importation or exportation of phonograms or videograms made without the authorization of the producer or the performer, where such authorisation is required, shall be subject to the same penalties.

Failure to pay the remuneration due to the author, the performer or the phonogram or videogram producer as a private copying or a public communication or of the telediffusion of phonograms shall be subject to the fine laid down in the first copywrite mark on earrings vav barred above.

Failure to pay the previous deductions provided for in the third paragraph of Article L.133-3 shall be subject to the fine provided for in the first paragraph.

Where the offences provided for under this Article are committed by an organised criminal group, the penalties will be increased to five-year imprisonment and a fine of € 500.000.

Article L335-5 (Act Copywrite mark on earrings vav barred. 94-102 of 5 February 1994 Art. 3 Official Journal of 8 February 1994) (Act No. 98-536 of 1 July 1998 art. 3 Official Journal of 2 July 1998)

In the event of conviction for one of the offenses defined in the preceding three Articles, the court may order the total or partial, permanent or temporary closure, for a period not exceeding five years, of the establishment that has served for the commission of the offense.

Temporary closure may not be a cause of either termination or suspension of employment contracts, or of any monetary consequence prejudicial to the employees concerned. Where permanent closure causes the dismissal of staff, it shall give rise, over and above the indemnity in lieu of notice and the termination indemnity, to damages as provided in Articles L122-14-4 and L122-14-5 of the Labor Code copywrite mark on earrings vav barred the breach of employment contracts. Failure to pay those indemnities shall be punishable with a six-month prison term and a fine of FRF 25,000.

Article L335-6 (Act No.92-1336 of 16 December 1992Article 331 Official Journal of 23 December 1992 in force on 1 March copywrite mark on earrings vav barred (Act No. 98-536 of 1 July 1998, Article 4 Official Journal of copywrite mark on earrings vav barred July 1998 (Act No. 98-536 of 1 July 1998, Article 4, Official Journal of 2 July 1998) (Act No. 2004-575 of 21 June 2004, Article 8 II, Official Journal of 22 June 2004)

In the cases referred to in the four preceding Articles, the court may order the confiscation of all or part of the receipts obtained by reason of the infringement and the confiscation of all phonograms, videograms, articles and copies that are infringing or have been unlawfully reproduced and of the equipment specifically installed for the purpose of committing the offence.

It may also order, at the cost of the convicted person, the posting of the judgment in compliance with the conditions and subject to the penalties laid down in Article 131-35 of the Penal Code, and its publication in full or as extracts copywrite mark on earrings vav barred such newspapers as it may designate, without however the costs of such publication exceeding the maximum amount of the fine incurred.

Article L335-7 (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

In the cases referred to in the five preceding Articles, the equipment, the infringing articles and the receipts that have been confiscated shall be handed to the victim or his successors in title to compensate them for the prejudice they have suffered; the remaining indemnity, or the entire indemnity if there is no confiscation of equipment, infringing articles or of receipts, shall be settled through ordinary channels.

Article L335-8 (Act No.92-1336 copywrite mark on earrings vav barred 16 December 1992 art. 203 Official Journal of 23 December 1992 in force on 1 March 1994) (Act No.94-102 of 5 February 1994 Art. 4 Official Journal of 8 February 1994) (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

Legal persons may be declared penally liable, in accordance copywrite mark on earrings vav barred Article 121-2 of the Penal Code, for the infringements defined in Articles L335-2 to L335-4 of this Code.

Legal persons shall be liable to the following penalties: 1°.a fine determined american standard champion 4 fush vave parts accordance with Article 131-38; 2°.the penalties referred to in Article 131-39.

The prohibition referred to in item 2 of Article 131-39 concerns the activity in the exercise of which or on the occasion of the exercise of which the infringement was committed.

Article L335-9 (Act No.94-102 of 5 February 1994 Art. 5 Official Journal of 8 February 1994) (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

In the event of copywrite mark on earrings vav barred of the offenses defined in Articles L335-2 to L335-4, or if the offender is or has been contractually bound to the aggrieved party, the penalties involved shall be doubled.

Article L335-10 (Act No.94-102 of 5 February 1994 Art. 5 Official Journal of 8 February 1994) (Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

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INTELLECTUAL PROPERTY CODE (Act n° 2003-706 of 1 August 2003, Art. 84, Official Journal of 2 August 2003)

The customs administration may, at the written request of an owner of copyright or a neighbouring right, which request shall be accompanied by proof of his right as provided by Conseil d'Etat decree, withhold in the course of its inspections any goods alleged by him to be infringing that right.

The Public Prosecutor, the plaintiff and the party declaring or in possession of the goods shall be informed without copywrite mark on earrings vav barred by the customs service of the withholding measure that they have taken.

The withholding measure shall be lifted as of right where the plaintiff fails, within 10 working days following notification of the withholding of the goods, to prove to the customs service:

— either that precautionary measures under Article L332-1 have been taken; — or that he has instituted proceedings before the civil court or the court of misdemeanours and has provided the

necessary guarantees to cover his liability in the event of the infringement claim being eventually considered unfounded. For the purpose of the institution of the legal proceedings referred to in the foregoing paragraph, the plaintiff may

require the customs administration to communicate the names and addresses of the sender, the importer and the consignee of the goods withheld, or of the holder thereof, and also the quantity thereof, notwithstanding the provisions of Article 59bis of the Customs Code concerning the professional secrecy to which officials of the customs administration are bound.

The withholding mentioned in the first paragraph shall not concern the goods that have European status, which are legally produced or released for free circulation in the member state of the European Community and intended, having entered by a Customs territory as defined in the first article of Customs Code, to be released in the market of another member state of the European Community, to be legally commercialised.

TITLE IV Rights of Database Producers Articles L341-1 to

L343-4

CHAPTER I Field of application Articles L341-1 to

L341-2

Article L341-1 (inserted by Act No. 98-536 of 1 July 1998 art. 5 Official Journal of 2 July 1998 in force on 1 January 1998)

The producer of a database, understood as the person who takes the initiative and the risk of the corresponding investments, benefits from protection of the contents of the database when its constitution, verification or presentation shows that there has been a substantial financial, technical or copywrite mark on earrings vav barred investment.

This protection is independent and applies without prejudice to the protection of copyright or any other right over the database or one of its component elements.

Article L341-2 (inserted by Act No. 98-536 of 1 July 1998 art. 5 Official Journal of 2 July 1998 in force on 1 January 1998)

Shall be eligible for the benefit of this Title: 1°. Producers of databases, nationals of a Member State of the European Community or of copywrite mark on earrings vav barred State party to the

Agreement on the European Economic Area, or who have their principal residence in such State; 2°. Companies and enterprises formed in accordance with the law of a Member State and having their registered

office, central administration or principal place of business within the Community or a State party to the Agreement on the European Economic Area; however, where such a company or enterprise has only its statutory head office in the territory of such State, copywrite mark on earrings vav barred operations must be genuinely linked on an ongoing basis with either the economy of this Member State or State within the European Economic Area.

Producers of databases who do not satisfy the conditions indicated above shall be eligible for protection under this Title where a special agreement has between concluded between the State of which they are a national and the Council of the European Community.

CHAPTER II Scope of protection Articles L342-1 to

L342-5

Article L342-1 (inserted by Act No. 98-536 of 1 July 1998 art. 5 Official Journal of 2 July 1998 in force on 1 January 1998)

The producer of a database has the right to prohibit: 1°. The extraction, by the permanent or temporary transfer of all or a substantial part, qualitatively or quantitatively,

of the contents of a database to another medium, by any means or in any form; 2°. The reuse, by making available to the public all or a substantial part, qualitatively or quantitatively, of the

contents of a database, in any form whatsoever. These rights can be transferred, assigned or licensed. Public lending is not an act of extraction or reuse.

Article L342-2 (inserted by Act No. 98-536 of 1 July 1998 art. 5 Official Journal of 2 July 1998 in force on 1 January 1998)

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INTELLECTUAL PROPERTY CODE The producer may also prohibit the repeated and systematic extraction or reuse of insubstantial parts, qualitatively

or quantitatively, of the contents of the database when such operations manifestly go beyond the conditions of normal use of the database.

Article L342-3 (inserted by Act No. 98-536 of 1 July 1998 art. 5 Copywrite mark on earrings vav barred Journal of 2 July 1998 in force on 1 January 1998)

When a database copywrite mark on earrings vav barred made available to the public by the rightholder, he may not prohibit: 1°. The extraction or the reuse of an insubstantial part, evaluated qualitatively or quantitatively, of the contents of

the database, by a person having lawful access; 2°. The extraction for private purposes of a qualitatively or quantitatively substantial part of the contents of a

non-electronic database, subject to compliance with the copyrights or neighbouring rights over the works or materials incorporated into the database.

Any provision that is contrary to item 1° above shall be null and void.

Article L342-4 (inserted by Act American standard champion 4 fush vave parts. 98-536 of 1 July 1998 art. 5 Official Journal of 2 July 1998 in force on 1 January 1998)

The first sale in the territory of a Member State of the European Community or of a State party to the Agreement on the European Economic Area of a physical copy of the database by the rightholder or with his consent shall exhaust the right to control resale of that physical copy within all Member States;

However, online transmission of a database shall not exhaust the right of the producer to control resale of a physical copy or this database or a part thereof in any of the Member States.

Article L342-5 (inserted by Act No. 98-536 of 1 July 1998 art. 5 Official Copywrite mark on earrings vav barred of 2 July 1998 in force on 1 January 1998)

The rights provided for in Article L. 342-1 shall become effective from the date of completion of the production of the database. They shall expire fifteen years from the 1st of January of the calendar year following that of completion.

When a database has been made available to the public before the expiry of the period set forth in the paragraph above, the rights shall expire fifteen years from the 1st of January of the calendar year following the date when the database was first made available to the public.

However, in case a protected database is the subject of a new substantial investment, its protection shall expire fifteen years from the 1st of January of the calendar year following that in which this new investment was made.

CHAPTER III Sanctions Articles L343-1 to

L343-4

Article L343-1 (Act No. 98-536 of 1 July 1998, Article 5 Official Journal of 2 July 1998 in force on 1 January 1998) (Order No. 2004-916 of 19 September 2000, Article 3, Official Journal of 22 September 2000, in force1 January 2002 (Act No. 2004-204 of 9 March 2004, Article 34 III, Official Journal of 10 March 2004)

The infringement of the rights of the producer of a database, as defined in Article L. 342-1, shall be punishable by a three-year imprisonment and a fine of € 300.000.

Where the offence is committed by an organised criminal group, the penalties will be increased to a five-year imprisonment and a fine of € 500.000.

Article L343-2 (inserted by Act No. 98-536 of 1 July 1998 art. 5 Official Journal of 2 July 1998 in force on 1 January 1998)

Legal persons may be declared penally liable, in accordance with Article 121-2 of the Penal Code for the infringements defined in Article L. 343-1. Legal persons may incur the following penalties:

1°. A fine determined in accordance with Article 131-38 of the Penal Code; 2°. The penalties provided for in Article 131-39 of same; the prohibition provided for in item 2 of this Article concerns

the activity in the exercise of which or on the occasion of the exercise of which the infringement was committed.

Article L343-3 (inserted by Act No. 98-536 of 1 July 1998 art. 5 Official Journal of 2 July 1998 in force on 1 January 1998)

In the event of the repetition of the offences defined in Article L. 343-1, or if the offender is or has been contractually bound to the aggrieved party, the penalties involved shall be doubled.

Guilty parties may, in addition, be deprived for a period not exceeding five years, of copywrite mark on earrings vav barred right to elect and be elected to commercial courts, chamber of commerce and industry and professional chambers and to joint labour dispute conciliation boards.

Article L343-4 (inserted by Act No. 98-536 of 1 July 1998 art. 5 Official Journal of 2 July 1998 in force on 1 January 1998)

Apart from the reports drawn up by police investigators, the proof of the existence of the infringements defined in copywrite mark on earrings vav barred Chapter may be provided by the statement of a sworn agent designated by professional organisations of producers. These agents shall be approved by the Minister responsible for culture under the same conditions as those provided for agents under Article L. 331-2.

PART II

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INTELLECTUAL PROPERTY CODE

Industrial Property Articles L411-1 to L721-1

BOOK IV Administrative and Professional Organization Articles L411-1 to

L423-2

TITLE I Institutions Articles L411-1 to

L412-1

CHAPTER I National Institute of Industrial Property Articles L411-1 to

L411-5

Article L411-1 The National Institute of Industrial Property is a public establishment possessing legal personality and financial

autonomy, under the authority copywrite mark on earrings vav barred the Minister for Industry. Copywrite mark on earrings vav barred tasks of that establishment shall be: 1°.to centralize and disseminate all information required for the protection of innovations and for the registration of

enterprises; to undertake activities to promote awareness and provide training in these fields; 2°.to apply the copywrite mark on earrings vav barred and regulations with regard to industrial property, the Register of Commerce and Companies

and the Directory of Trades; to that end, the Institute shall be responsible for receiving the filing of applications for industrial property titles or titles ancillary to industrial property and for monitoring their maintenance; it shall centralize the Register of Commerce and Companies, the Directory of Trades and the Official Bulletin of Civil and Commercial Announcements; it shall disseminate the technical, commercial and financial information contained in industrial property titles and centralized instruments of statutory publication;

3°.to take all initiatives with a view to a standing adaptation of national and international law to the needs of innovators and enterprises; for that purpose, it copywrite mark on earrings vav barred propose to the Minister responsible for industrial property any reform it considers appropriate in such matters; it shall participate in elaborating international agreements and in representing France in the relevant international organizations.

Article L411-2 The receipts of the Institute shall be constituted by any fees established in compliance with Article 5 of Ordinance

59-2 of January 2, 1959, promulgating organic law relating to the finance laws, levied in connection with industrial property and with the Register of Commerce and Trades and the filing of company statutes, together with ancillary receipts. Copywrite mark on earrings vav barred receipts shall be required to balance all the outlay of the establishment. copywrite mark on earrings vav barred audit of the execution of the Institute’s budget shall be effected a posteriori in compliance with the conditions laid down by a Conseil d'Etat decree.

Article L411-3 The administrative vav 2019 tour financial organization of the Institute shall be laid down by a Conseil d'Etat decree.

Article L411-4 The Director of the National Institute of Industrial Property shall take the decisions provided for by this Code when

granting, rejecting or maintaining industrial property titles. When exercising that responsibility, he shall not be subject to the supervisory authority. The Courts of Appeal

designated by regulation shall be directly competent to hear appeals from his decisions. They shall take their decisions on such appeals after hearing the public prosecutor and the Director of the National Institute of Industrial Property. Both the applicant and the Director of the National Institute of Industrial Property may request that a decision on appeal be set aside.

Article L411-5 The decisions to reject referred to in the first paragraph of Article L411-4 shall be accompanied by reasons. The same shall apply to decisions accepting opposition filed under Article L. 712-4 or requests that revocation be

lifted with regard to a trademark or service mark. They shall be notified to the applicant in accordance with the conditions and copywrite mark on earrings vav barred limits laid down by regulation.

CHAPTER II Committee for the Protection of New Plant Varieties Article L412-1

Article L412-1 (Order No. 2004-637 of 1 July 2004, Article 4 2°, Official Journal of 2 July 2004) (Act No. 2004-1343 of 9 October 2004, Article 78 XXXII, Official Journal of 10 December 2004)

The Committee for the Protection of New Plant Varieties, placed under the authority of the Minister copywrite mark on earrings vav barred Agriculture, shall be chaired by a State's representative and composed of a number of persons, from both the public and the private sectors, qualified by reason of their theoretical or practical knowledge of genetics, botany copywrite mark on earrings vav barred agronomy. This Copywrite mark on earrings vav barred shall issue the certificate referred to in Article L623-4.

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INTELLECTUAL PROPERTY CODE N.B. Act 2004-1343 2004-10-09: Article 78 XXXII 1° has introduced an amendment on the form of Article L412-1.

TITLE II Qualification with Respect to Industrial Property Articles L421-1 to

L423-2

CHAPTER I Entry in the List of Persons Copywrite mark on earrings vav barred with Respect to Industrial Property Articles L421-1 to

L421-2

Article L421-1 The Director of the National Institute of Industrial Property shall draw up each year a list of the persons qualified

with respect to industrial property. The list shall be published. The copywrite mark on earrings vav barred entered in the above-mentioned list may exercise their activity as employees of an enterprise or as a

liberal profession, either individually or as a group, or as employees of a person exercising his activity as a liberal professional.

The persons included, at the date of November 26, 1990, in the list of persons qualified with respect to patents for invention shall be entered automatically in the list referred to in the first paragraph, subject to satisfying the conditions of good character laid down in Article L421-2.

Article L421-2 No person may be entered in the list referred to in the foregoing Article unless he is of good character and unless he

satisfies the prescribed conditions with respect to professional qualifications and practice. The entry shall be accompanied by a notice of specialization as a function of the qualifications held and the

professional experience acquired.

CHAPTER II Conditions for Exercising the Profession of Industrial Property Attorney Articles L422-1 to

L422-13

Article L422-1 (Act No. 92-1336 of 16 december 1992 art. 334 Official Journal of 23 december 1992 in force on 1 March 1994)

The calling of an industrial property attorney shall be to offer his services to the public, in an habitual and remunerated manner, for advising, assisting or representing others with a view to obtaining, or maintaining, exploiting or defending industrial property rights, related rights and rights bearing on any connected matter.

The services referred to in the foregoing paragraph shall include legal consultation and the drafting of private deeds. No person may use the title of industrial property attorney, a title that is equivalent or a title that is confusingly

similar, unless he is entered in the list of industrial property attorneys drawn up by the Director of the National Institute of Vavo caroline kole Property.

Infringements of the provisions of the foregoing paragraph shall be punishable by the penalties laid down by in the second paragraph of Article 259 of the Penal Code.

No person may be entered in the list of industrial property attorneys unless he is entered in the list provided for in Article L421-1 and he exercises the profession in compliance with Article L422-6.

Entry shall be accompanied by a notice of specialization as a function of the qualifications held and the professional experience acquired.

Article L422-2 Persons entitled to the title of patent attorney on the copywrite mark on earrings vav barred of entry into force of Act No. 90-1052 of November 26,

1990, relating to industrial property shall be automatically entered in the list provided for in Article L422-1.

Article L422-3 Any company exercising the activities referred to in Article L422-1 on the date of entry into force of the

above-mentioned Act No. 90-1052 of November 26, 1990, may request entry in the list of industrial property attorneys. In such case, the condition laid down in item (b) of Article L422-7 shall not apply.

The application must be submitted, on pain of preclusion, two years at the latest after entry into force of the above-mentioned Act No. 90-1052 of November 26, 1990.

Article L422-4 (Order No. 2001-670 of 25 July 2001 art. 4 I Official Journal of 28 July 2001)

Persons wishing to be represented in proceedings before the National Institute of Industrial Property may only be represented, for acts where such is necessitated by the technical nature of the subject matter, by industrial property attorneys whose specialisation, determined in accordance copywrite mark on earrings vav barred the final paragraph of Article L. 422-1, corresponds to such act.

The provisions of the foregoing paragraph shall not preclude the faculty of using the services of a lawyer, of a company or public organisation with which the applicant is contractually bound, or the services of a specialised professional organisation, or those of a professional established within the territory of a Member State of the European Community or of a State party to the Agreement on the European Economic Area acting on an occasional basis and

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INTELLECTUAL PROPERTY CODE authorised to represent persons before the central industrial property office in this State.

Article L422-5 Any person carrying out the activities referred to in the first paragraph of Article L422-1 on November 26, 1990,

may, notwithstanding the provisions of Article L422-4, represent persons referred to in the first paragraph of that Article in those cases referred to in that paragraph on condition that they are entered in a special list drawn up by the Director of the National Institute of Industrial Property.

Entry shall be automatic, subject to the proviso laid down in the final paragraph of this Article, on condition that the person concerned has requested entry by means of a declaration made to the Director of the Institute.

The declaration must be made, on pain of preclusion, two years at the latest after the entry into force of the above-mentioned Act No. 90-1052 of November 26, copywrite mark on earrings vav barred.

No person may be entered in the list provided for in the first paragraph if he is not of good character.

Article American standard champion 4 fush vave parts An industrial property attorney shall exercise his profession either individually or in a copywrite mark on earrings vav barred or as the employee of

another industrial property attorney.

Article L422-7 (Order No. 2004-130 of copywrite mark on earrings vav barred 2004, Article 66, Official Journal of 12 February 2004

Where the profession of an industrial property attorney is carried out through a company, it may take the form of a private professional company or a company constituted in some other form. In the latter case, it shall be required that:

a) the chairman of the Board of Copywrite mark on earrings vav barred, the director generals, the members of the board, the sole director general and the manager or managers, as also the majority of members of the Board of Directors or the supervisory board, be qualified as industrial property attorney;

b) the industrial property attorney hold more than one half of the capital and of the voting rights; c) how is vava suresh health condition acceptance of any new partner be subject to prior approval, as appropriate, of the Board of Directors, the

supervisory board or of the manager or managers. The provisions of the first two paragraphs of Article L.225-21, Articles L.225-44 and L.225-85 of the Commercial

Code shall apply neither copywrite mark on earrings vav barred members of the Board of Directors nor to members of the supervisory board of industrial property attorney companies.

Where the profession of industrial property attorney is carried out through a company, the latter must to be registered, in addition to the registration of the industrial property attorney as natural persons, in a special section of the list provided for in Article L422-1.

Article L422-8 Every industrial property attorney must supply evidence that he has insurance covering his professional civil copywrite mark on earrings vav barred

with regard to negligence or errors committed in the exercise of his functions and a guarantee specially devoted to the reimbursement of funds, effects or objects of value received.

Article L422-9 There is hereby instituted a National Society of Industrial Property Attorneys, possessing legal personality, under

the authority of the National Institute of Industrial Property, in order to represent industrial property attorneys before the public authorities, to defend their professional interests and to ensure respect for the code of conduct.

Article L422-10 Any natural or legal person exercising the profession of industrial property attorney who is guilty either of an

infringement of the rules under this Title or the texts adopted american standard champion 4 fush vave parts its application, or of acts contrary to probity, honor copywrite mark on earrings vav barred scruples, even if outside his professional sphere, may incur one copywrite mark on earrings vav barred the following disciplinary measures: warning, reprimand, suspension or striking off.

The penalties shall be pronounced by the Disciplinary Board of the National Society of Industrial Property Attorneys chaired by a magistrate of the judiciary.

Article L422-11 (inserted by Act No. 2004-130 of 11 February 2004, Article 67, Official Journal of February 12 2004)

In any matter and for all the services mentioned under Article L. 422-1, the industrial property attorney shall observe professional secrecy. Consultations addressed or intended for customers, professional correspondences exchanged with customers, fellow-members or attorneys-at-law, notes of meetings and, more generally, all documents of the file shall be subject to professional secrecy.

Article L422-12 (inserted by Act No. 2004-130 of 11 February 2004, Article 67, Official Journal of 12 February 2004)

The profession of industrial property attorney is incompatible: 1º with any commercial activity, whether it is carried out by oneself or kreuger vavs someone else;

2º with one's capacity as partner in a general partnership, active partner in a limited partnership or in a limited partnership with a share capital, manager of a private limited company, chairman of the board, member of the directory, Director Copywrite mark on earrings vav barred or assistant Director General of a public limited company, as chairman or manager of a simplified joint stock company, as manager of a civil law partnership, unless the object of these companies/partnerships is to carry out the profession of an industrial property attorney or the management of related professional interests or family interests;

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INTELLECTUAL PROPERTY CODE 3º with the membership in a supervisory board or a Board of Directors of a commercial company, when the

industrial property attorney has been professional for less copywrite mark on earrings vav barred seven years or he has not obtained beforehand an exemption under the conditions provided for under a Conseil d'Etat decree.

Article L422-13 (inserted by Act No. 2004-130 of 11 February 2004, Article 67 Official Journal of 12 February 2004)

The profession of industrial property attorney shall be incompatible with any other profession, subject to special laws or regulations.

It shall however be compatible with teaching, as well as with functions of an arbitrator, a mediator, a conciliator or a legal expert.

CHAPTER III Miscellaneous Provisions Articles L423-1 to

L423-2

Article L423-1 It shall be prohibited for any natural or legal person to canvass with a view to representing the persons concerned,

to giving consultations or to drawing up industrial property law acts. This prohibition shall not extend, however, to offers of services made to professionals or enterprises through the post under conditions laid down by regulation.

Any infringement of the provisions of the foregoing paragraph shall be liable to the penalties laid down in Article 5 of Act No. 72-1137 of December 22, 1972, on the protection of consumers with respect to canvassing and door-to-door sales.

All advertising with regard to the activities referred to in that same paragraph shall be subject to compliance with the conditions laid down by regulation.

Article L423-2 Decrees in Conseil d'Etat shall lay down the conditions for implementing this Title. They shall stipulate, in particular: a)The conditions for implementing Chapter I; b)The conditions for copywrite mark on earrings vav barred Article L422-1; c)The conditions for implementing Article L422-4; d)The conditions for implementing Article L422-5;

e)The conditions under which the obligation referred to in item (b) of Article L422-7 may be waived to permit interprofessional grouping with other providers of services involved in the innovation process;

f)The code of conduct applicable to industrial property attorneys; g)The organization and statutes of the National Society of Industrial Property Attorneys together with the rules for

determining the amount of its membership fees.

BOOK V Designs copywrite mark on earrings vav barred Models Articles L511-1 to

L521-7

TITLE I Protection conditions copywrite mark on earrings vav barred procedures Articles L511-1 to

L514-2

CHAPTER I Field of Application Articles L511-1 to

L511-11

SECTION I Subject of Protection Articles L511-1 to

L511-8

Article L511-1 (Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

The appearance of the whole or a part of the product, resulting from the features of, and in particular its lines, contours, colours, shape, texture or materials, is eligible for protection as a design or model. These features can be those of the product itself or its ornamentation.

Is deemed to be a product any industrial or handicraft item, including inter alia parts intended to be assembled into a complex product, packaging, get-up, graphic symbols and typographic typefaces, but excluding computer programs.

Article L511-2 (Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 Copywrite mark on earrings vav barred 2001)

A design or model shall only be protected if it is new and has individual character.

Article L511-3 (Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

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INTELLECTUAL PROPERTY CODE A design or model shall be considered to be new if, on the date of the filing of the application for registration or on

the date of priority claimed, no identical design or model has been disclosed. Designs or models shall be deemed to be identical if their features differ only in immaterial details.

Article L511-4 (Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

A design or model has individual character if the overall visual impression it produces on the informed observer differs from that produced by any design or model disclosed before the date of the filing of the application for registration or before the date of priority claimed.

In assessing individual character, the degree of freedom of the creator in developing the design or the model shall be taken into consideration.

Article L511-5 (Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

The design or model of a part of a complex product is only considered to be new and to present an individual character to the extent that:

a) The component part, once it has been incorporated in the complex product, remains visible during normal use of the latter by the end user, excluding maintenance, servicing or repair work;

b) Those visible features of the component part fulfil in themselves the requirements as to novelty and individual character.

Is considered to be a complex product a product composed of multiple components which can be replaced.

Article L511-6 (Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

A design or model shall be deemed to have been disclosed if it has been made available to the public through publication, use, or by any other means. No disclosure has taken place if the design or the model could not reasonably have become known, according to the normal course of business in the sector concerned, by professionals operating in the European Community, before the date of filing of an application for registration or before the copywrite mark on earrings vav barred of priority claimed.

The design or model shall not, however, be deemed to have been disclosed to the public due to the sole fact that it has been disclosed to a third party under an explicit or implicit condition of confidentiality.

If this disclosure takes place within the twelve months preceding the date of the filing of the application or the date of priority claimed, it shall not be taken into consideration:

a) If the design or the model has been disclosed by the creator, his successor-in-title, or by any third person as a result of information provided or action taken by the creator or his successor-in-title;

b) Or if the design or model has been disclosed as a result of unfair behaviour against the creator or his successor-in-title.

The twelve-month period referred to in this Article shall not apply to disclosure having occurred before the 1st of October 2001.

Article L511-7 (Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

Designs or models that are contrary to public policy or accepted principles of morality are not protected.

Article L511-8 (inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

Shall not be eligible for protection: 1°. The appearance of a product whose features are solely dictated by the technical function of the product; 2°. The appearance of a product whose exact form and dimension must necessarily be reproduced in order to allow

it to be mechanically associated to another product by being placed against it, connected to it or being placed inside or outside of it in a manner allowing both of these products to perform its function.

However, a design or a model serving the purpose of allowing multiple assemblies or connections of mutually interchangeable copywrite mark on earrings vav barred within a system whose design is modular shall be eligible for protection.

SECTION II Benefit of the protection Articles L511-9 to

L511-11

Article L511-9 (inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

The protection of the design or model conferred by copywrite mark on earrings vav barred provisions of this Book is acquired by registration. It is granted to the creator or to his successor-in-title.

The applicant for registration is, failing proof to the contrary, considered to the beneficiary of this protection.

Article L511-10 (inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001) copywrite mark on earrings vav barred a design or a model has been deposited, copywrite mark on earrings vav barred fraudulently with respect to the rights of another person or in violation of a statutory or contractual obligation, any person who believes he has a right in the design or model may claim ownership by bringing legal proceedings before a court.

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INTELLECTUAL PROPERTY CODE Claims in ownership are barred three years from the publication of the registration of the design or model or, in case

of bad faith, upon the date of publication of the registration or of the acquisition of the design or model, following the expiry of the protection period. snake master vava suresh program L511-11 (inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

Subject to copywrite mark on earrings vav barred provisions of the international treaties to which France is a party, a foreigner who has neither his place of business nor residence on the territory of a Member State of the European Community or of a State party to the Agreement on the European Economic Area shall benefit from the provisions of this Book, provided his country of origin affords reciprocal protection to French designs or models.

CHAPTER II Registering a design or model Articles L512-1 to

L512-6

SECTION I Application for filing Articles L512-1 to

L512-3

Article L512-1 (Order No. 2001-670 of 25 July 2001 art. 1 Official Copywrite mark on earrings vav barred of 28 July 2001)

The application for registration shall be filed, on pain of invalidity, with the National Institute of Industrial Property when the place of residence or the registered office of the applicant is situated in Paris or outside France.

Where the place of residence or the registered office of the applicant is situated outside Paris but in France, the applicant may, at his choice, copywrite mark on earrings vav barred the application for registration with the National Institute of Industrial Property or with the registry of the Commercial Court or, in the absence of a Commercial Court, with the registry of the court ruling in commercial matters.

When the application for registration is filed with the registry of a court, the latter shall transmit it to the National Institute of Industrial Property.

Article L512-2 (Act No. 94-102 of 5 February 1994 Art. 21 Official Journal of 8 February 1994) (Order No. 2001-670 of 25 July 2001 art. 4 I Official Journal of 28 July 2001)

The filing shall be made in the form and under the conditions laid down by this Book. To be admissible, it must comprise an identification of the applicant and a reproduction of the design or designs

concerned. The filing shall be refused if examination shows: a) That it is not presented under the prescribed conditions or in the prescribed form; b) That its publication would be contrary to morality or public policy.

However, refusal may not be pronounced without the applicant having at first been invited, as appropriate, to regularize his filing or to submit his comments.

In the case of designs pertaining to industries that frequently change the form and presentation of their goods, filing may be effected in a simplified form according to conditions laid down by a Conseil d'Etat decree. The lapse of the rights deriving from such a filing shall be pronounced where the said filing has not, six months at the most prior to the planned date for the publication thereof, been brought into conformity with the general requirements laid down in the decree referred to in the foregoing paragraph.

Article L512-3 (Order No. 2001-670 of 25 July 2001 art. vavo caroline kole Official Journal of 28 July 2001)

Where the copywrite mark on earrings vav barred or the owner of a filing has not complied with the prescribed time limits, any revocation of rights he may have incurred may be lifted if he can provide legitimate reasons. copywrite mark on earrings vav barred II Nullity of the filing Articles L512-4 to

L512-6

Article L512-4 (Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

The registration of a design or model shall be declared invalid by decision of the courts: a) If not in compliance with the provisions vavo caroline kole Articles L. 511-1 to L. 511-8; b) If its holder was not able to benefit from the protection under Article L. 511-9; c) If the design or model infringes the rights attached to an earlier design or model which has been disclosed to the

public after the date of presentation of the application for registration or, if priority is claimed, after the date of priority, and which has been protected since an earlier date by the registration of a Community design or model, a French or international design or model designating France, or by an application for registration of such designs or models;

d) If it infringes the copyright of a third party; e) If this design or model uses an earlier protected distinctive sign, without the authorisation of its holder.

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INTELLECTUAL PROPERTY CODE The grounds for invalidity set forth in items b, c, d and e may only be invoked by the person vested with the right

being asserted. The public prosecutor may file invalidity proceedings ex officio against a design or model, regardless of the causes

of invalidity.

Article L512-5 (inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

If the grounds for invalidity only partially affect the design or the model, the registration may be maintained in a modified form if, in that form, the design or model meets the requirements for protection and if its identity is retained.

Article L512-6 (inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

The court decision declaring the design or the model to be partially or wholly invalid shall have an absolute effect. It shall be recorded in the national register referred to in Article L. 513-3.

CHAPTER III Rights conferred by the filing Articles L513-1 to

L513-8

Article L513-1 (Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

Registration takes effect, as from the date of the filing of the application, for a period of five years, which may be extended by periods of five years within a maximum limit of twenty-five years.

Designs or models deposited before the 1st of October 2001 shall remain protected, without any extension being possible, for a period of twenty-five years from their date of deposit. Designs or models whose protection has been extended, prior to 1 October 2001, for a new period of twenty-five years, shall remain protected until the expiry of this period.

Article L513-2 (inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

Without prejudice to rights resulting from the application of other legislative provisions, including inter alia, from Books I and III of this Code, the registration of a design or model confers upon its holder a property right that may be assigned or licensed by him.

Article L513-3 (inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

No act amending or transmitting the rights attached to a deposited design or model has effect with regard to third parties unless entered in the National Register for Copywrite mark on earrings vav barred and Models.

Article L513-4 (inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

The making, offering, putting on the market, importing, exporting, using or possession for these purposes, of a product comprising the design or model, shall be prohibited, unless with the consent of the owner of the design or model.

Article L513-5 (inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

The protection conferred by the registration of a design or model shall be copywrite mark on earrings vav barred to any design or model which copywrite mark on earrings vav barred not produce on the informed observer a different overall visual impression.

Article L513-6 (inserted by Order No. 2001-670 of 25 July 2001 copywrite mark on earrings vav barred. 1 Official Journal of 28 July 2001)

The rights conferred by the registration of a design or model shall not be exercised concerning: a) Acts done privately and for non-commercial purposes; b) Acts done for experimental purposes; c) Acts of reproduction for the purposes copywrite mark on earrings vav barred making citations or teaching, if these acts mention the registration and

the name of the rightholder, provided they are compatible with fair business practices and do not prejudice the normal exploitation of that design or model.

Article L513-7 (inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

The rights conferred by the registration of a design or model shall not be exercised: a) Concerning the equipment on ships and aircraft registered in another country when these temporarily enter

French territory; b) When the importation into France of spare parts and accessories for the repair of these ships or aircraft or during

the repair.

Article L513-8 (inserted by Order No. 2001-670 of 25 Copywrite mark on earrings vav barred 2001 art. 1 Official Journal of 28 July 2001)

The rights conferred by the registration of a design or model shall not extend to acts covering a product comprising

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INTELLECTUAL PROPERTY CODE this design or model, when this product has been put on the market in the European Community or in the European Economic Area by the owner of the design or model or with his consent.

CHAPTER IV Miscellaneous Provisions Articles L514-1 to

L514-2

Article L514-1 (Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

Decrees from the Conseil d'Etat setwhen it is necessary, the conditions of application of the present book.

Article L514-2 (inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

Regulatory provisions specific to certain industries may lay down the measures necessary to allow industrialists to have their preference use of a design or model ascertained, including inter alia by the holding of private registers subject to the approval by the National Institute of Industrial Property.

TITLE II Disputes Articles L521-1 to

L521-7

SOLE CHAPTER Articles L521-1 to L521-7

Article L521-1 An injured party may, even before the filing is published, have any bailiff carry out a detailed description, with or

without seizure, of the incriminated articles or instruments, under an order issued by the President of the First Instance Court within the jurisdiction of which the operations are to be carried out, on a simple request and production of the filing certificate.

The President may authorize the petitioner to obtain the assistance of a police officer or a judge of the District Court and to require from the petitioner security to be deposited before carrying out the copywrite mark on earrings vav barred security shall be required in all cases where a foreigner requests seizure.

The holders of the articles described shall be given a copy both of the order and of the instrument recording deposit of the security, on pain of nullity and damages awarded against the bailiff in both cases.

If the petitioner fails to institute proceedings, whether civil or criminal, within a period of 15 days, the description or the copywrite mark on earrings vav barred shall automatically become null and void, without prejudice to any damages.

Article L521-2 Events prior to filing shall not be actionable under this Book.

Events following filing, but prior to publication, shall only be actionable under Article L521-4, even in civil proceedings, if the injured party is able to establish the defendant’s bad faith.

No proceedings, whether criminal or civil, may be instituted under that Article before the filing has been published. Where the events have occurred after publication of a filing, the persons having committed the acts may plead good

faith on condition that they furnish proof thereof.

Article L521-3 Confiscation to the benefit of the injured party of the articles infringing the rights afforded by this Book shall be

ordered even in the event of a discharge. In the event of a conviction, the Court may further order confiscation of the instruments having served specifically to

manufacture the incriminated articles.

Article L521-3-1 (inserted by Act No. 94-102 of 5 February copywrite mark on earrings vav barred Art. 6 Official Journal of 8 February 1994)

Officers of the judicial police may, as soon as offenses under the first paragraph of Article L521-4 have been reported, effect the seizure of goods unlawfully manufactured, imported, stocked, placed on sale, delivered or supplied, and of any material and equipment specially installed for the purposes of such unlawful acts.

Article L521-4 (Act No. 94-102 of 5 February 1994 Article 7, Official Journal of 8 February 1994) (Order No. 2000-916 of 19 September 2000, Article 3, Official Journal of 22 September 2000, in force on 1 January 2002) (Act No. 2004-204 of 9 March 2004, Article 34 IV, Official Journal of 10 March 2004)

Any knowingly committed infringement of the rights guaranteed by this Book shall be liable to a three-year imprisonment and a fine of € 300.000. Where the offence is committed by an organised criminal group, the penalties shall be increased to five-year imprisonment and a fine of € 500.000.

In addition, the court may order the total or partial, permanent or temporary closure, for a period not exceeding five years, of the establishment that has served for the commission of the offence.

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INTELLECTUAL PROPERTY CODE Temporary closure may not be a cause of either termination or vav damper manufacturers of employment contracts, or of any

pecuniary detriment to the employees concerned. Where permanent closure causes the dismissal of staff, it will give rise, over and above the compensation in lieu of notice and the dismissal compensation, to damages as provided in Articles L122-14-4 and L122-14-5 of the Labour Code for the breach of employment contracts. Failure to pay those compensations copywrite mark on earrings vav barred be liable to a six-month imprisonment and a fine of € 3.500.

Article L521-5 (Act No. 94-102 of 5 Copywrite mark on earrings vav barred 1994 Art. 8, art 17 Official Journal of 8 February 1994)

Legal entities may be declared criminally liable, in the manner specified in Article 121-2 of the Penal Code, for the offenses defined in Article L521-4 of this Code.

The penalties to which legal entities are liable are: 1°.fines in accordance with the procedure laid down in Article 131-38 of the Penal Code; 2°.the penalties mentioned in Article 131-39 of the same Code.

The prohibition mentioned in Article 131-39 under 2 shall relate to the activity in the exercise of which or on the occasion of the exercise of which the offense was committed.

Article L521-6 (Act No. 94-102 of 5 February 1994 Art. 8 Official Journal of 8 February 1994)

In the event of repetition of infringements of the rights guaranteed by this Book, or if the offender is or has been contractually bound to the aggrieved party, the penalties involved shall be doubled.

The guilty parties may in addition be deprived, for a period not exceeding five years, of the right to elect and be elected to commercial courts, chambers of commerce and industry and professional chambers and to joint conciliation boards.

Article L521-7 (Act No. 94-102 of 5 February 1994 Art. 8 Official Journal of 8 February 1994) (Act n° 2003-706 of 1 August 2003, Art. 84, official Journal of 2 August 2003)

The customs administration may, at the written request of the owner of a deposited design, with-hold in the course of its inspections goods alleged by him to be infringing the said designs.

The Public Prosecutor, the plaintiff and the party either declaring or in possession of the goods shall be informed without delay by the customs service of the withholding measure taken by the latter.

The withholding measure shall be lifted as of right where the plaintiff fails, within 10 working days following notification of the withholding of the goods, to prove to the customs service:

— either that precautionary measures have been ordered by the President of the First-Instance Court; — or that he has instituted proceedings before the civil court or the court of misdemeanours and has provided the

required guarantees to cover his liability in the american standard champion 4 fush vave parts of the infringement claim being eventually considered unfounded. For the purpose of the institution of the legal proceedings referred to in the foregoing paragraph, the plaintiff may

require the customs administration to communicate copywrite mark on earrings vav barred names and addresses of the sender, the importer and the consignee of the goods withheld or of the holder thereof, and also the quantity thereof, notwithstanding the provisions of Article 59bis of the Customs Code concerning the professional secrecy to which all officials of the customs administration are bound.

The withholding mentioned in the first paragraph shall not concern the goods that have European status, which are legally produced or released for free circulation in the member state of the European Community and intended, having entered by a Customs territory as defined in the first article of Customs Code, to be released in the market of another member state of the European Community, to be legally commercialised.

BOOK VI Protection of Inventions and Technical Knowledge Articles L611-1 to

L623-35

TITLE I Copywrite mark on earrings vav barred Patents Articles L611-1 to

L615-22

CHAPTER I Field of Application Articles L611-1 to

L611-19

SECTION I General Provisions Articles L611-1 to

L611-5

Article L611-1 (Act No. 96-1106 of 18 December 1996 Art. 2 Official Journal of 19 December 1996)

An industrial property title may be granted by the Director of the National Institute of Industrial Property to any invention, conferring on the holder or his successors in title an exclusive right to work the invention.

The grant of a title shall be subject to statutory dissemination as provided in Article L612-21.

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INTELLECTUAL Copywrite mark on earrings vav barred CODE Subject to the provisions of international treaties to which France is party, foreigners having their place of residence

or business outside the territory on which this Title is applicable shall enjoy the benefits of this Title, provided that French nationals are granted reciprocal protection in the countries of which such foreigners are nationals.

Article L611-2 Inventions shall be protected by the following industrial property titles: 1°.patents, granted for a term of 20 years as from the day the application is filed; 2°.utility certificates, granted for a term of six years as from copywrite mark on earrings vav barred day the application is filed; 3°.supplementary protection certificates in respect of a patent in accordance with Article L611-3, taking effect at the

end of the statutory term of the patent to which they relate for a period of not more than seven years as american standard champion 4 fush vave parts the end of the patent and 17 years as from issue of the marketing authorization referred to in that same Vavo caroline kole.

The provisions of this Book concerning patents shall also apply to utility certificates, copywrite mark on earrings vav barred those contained in Articles L612-14, L612-15 and the first paragraph of Article L612-17. They shall likewise apply to supplementary protection certificates, except those contained in Articles L. 611-12, L612-1 to L612-10, L612-12 to L612-15, L612-17, L612-20, L613-1 and L613-25.

Article L611-3 Any owner of a patent having effect in France and of which the subject matter is a medicine, a process for obtaining

a medicine, a product required for obtaining such medicine or a process for manufacturing such product may, where they are used for producing a pharmaceutical speciality covered by a marketing authorization under Articles L601 or L617-1 of the Public Health Code, and as from its issue, obtain, under the conditions laid down by this Book and detailed by a Conseil d'Etat decree, a supplementary protection certificate for those parts of the patent that correspond to the authorization.

Article L611-4 Patent applications and patents filed prior to July 1, 1979, shall continue to be governed by the rules in force on the

date of their filing. However, the provisions of this Book shall apply to the exercise of rights deriving from such copywrite mark on earrings vav barred and patent

applications and to the subsequent procedure in respect of patent applications for which a preliminary draft documentary report had vava voom 20 2.1 been drawn up prior to July 1, 1979.

Article L611-5 Certificates of addition applied for prior to the copywrite mark on earrings vav barred into force of Act No. 90-1052 of November 26, 1990, relating to

industrial property shall continue to be governed by the rules applicable at the date of the application. However, the exercise of the rights deriving therefrom shall be governed by the provisions of this Book.

SECTION II Right to Title Articles L611-6 to

L611-9

Article L611-6 The right to the industrial property title referred to in Article L611-1 shall belong to the inventor or his copywrite mark on earrings vav barred in

title. If two or more persons have made copywrite mark on earrings vav barred invention independently of each other, the right to the industrial property title

shall belong to copywrite mark on earrings vav barred person who can prove the earliest date of filing. In actions before the Director of the National Institute of Industrial Property, the applicant shall be deemed to have a

right to the industrial property title.

Article L611-7 (Act No. 94-102 of 5 February 1994 Art. 22 Official Journal of 8 February 1994)

Where the inventor is a salaried person, the right to the industrial property title, failing any contractual clause more favorable to the salaried person, shall be defined in accordance with the following provisions:

1°. Inventions made by a salaried person in the execution of a work contract comprising copywrite mark on earrings vav barred inventive mission corresponding to his effective functions or of studies and research which have been explicitly entrusted to him, shall belong to the employer. The conditions under which the salaried person who is the author of such an invention shall enjoy additional remuneration shall be determined by the collective agreements, company agreements and individual employment contracts.

Where the employer is not subject to a sectorial collective agreement, any dispute relating to the additional remuneration shall be submitted to the joint conciliation board set up by Article L615-21 or by the First Instance Court.

2°. All other inventions shall belong to the salaried person. However, where an invention made by a salaried person during the execution of his functions or in the field of activity of the company or by reason of knowledge or use of technologies or specific means of the company or of data acquired by the company, the employer shall be entitled, subject to the conditions and the time limits laid down by a Conseil d'Etat decree, to have assigned to him the ownership or enjoyment of all or some of the rights in the patent protecting his employee’s invention.

The salaried person shall be entitled to obtain a fair price which, failing agreement between the parties, shall be stipulated by the joint conciliation board set up by Article L615-21 or by the First Instance Court; these shall take into consideration all elements which may be supplied, in particular by the employer and by the employee, to compute the fair price as a function of both the initial contributions of either of them and the industrial and commercial utility of the

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INTELLECTUAL PROPERTY CODE invention.

3°. The salaried author of an invention shall inform his employer thereof and the latter shall confirm receipt in accordance with the terms and time limits laid down by regulation.

The salaried person and the employer shall communicate to each other all relevant information concerning the invention. They shall refrain from making any disclosure which would compromise, in whole or in part, the exercise of the rights afforded under this Book.

Any agreement between the salaried person and his employer concerning an invention made by the salaried person shall be recorded in writing, on pain of nullity.

4°. The implementing rules for this Article shall be laid down by a Conseil d'Etat decree. 5°. This Article shall also apply to the copywrite mark on earrings vav barred of the State, of local authorities and of any other public legal person copywrite mark on earrings vav barred the terms to be laid down by a Conseil d'Etat decree.

Article L611-8 Where an application for the grant of an industrial property title has been made either for an invention unlawfully

taken from an inventor or his successors in title, or in violation of a legal contractual obligation, the injured party may claim ownership of the application or of the title granted. copywrite mark on earrings vav barred claiming ownership shall be barred after three years from publication of the grant of the industrial property title.

However, if the bad faith of the owner of the title at the time the title was granted or acquired can be proved, the time limit shall be three years as from the expiry of the title.

Article L611-9 The inventor, whether salaried or not, shall be named as such in the patent; he may also oppose such identification.

SECTION III Patentable Inventions Articles L611-10 to

L611-19

Article L611-10 (Act No. 2004-1338 of 8 December 2004, Article 1, Official Journal of 9 December 2004)

1. Inventions which are susceptible of industrial application, which are new and which involve an inventive step shall be patentable.

2. The following in particular shall not be regarded as inventions within the meaning of the first paragraph of this Article:

a) discoveries, scientific theories and mathematical methods; b) aesthetic creations;

c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;

d) presentations of information. 3. The provisions of (2) of this Article shall exclude patentability of the copywrite mark on earrings vav barred referred to in these provisions only to

the extent to which the patent application or the patent relates to such subject matter or activities as such. 4. Save as provided in Articles L611-17, L.611-18 and L.611-19, inventions will be patentable under the conditions

provided for at (1) above if they concern a product consisting of in whole or in part biological material or a process by means of which a biological material is produced, processed or used.

Any material containing genetic information and capable of reproducing itself or being reproduced in a biological system shall be regarded as a biological material.

Article L611-11 An invention shall copywrite mark on earrings vav barred considered to be new if it does not form part of the state of the art. The state of the art shall be held to comprise copywrite mark on earrings vav barred made available to the public by means of a written or oral

description, by use or in any other way, before the date of filing of the patent application. Additionally, the content of French patent applications and of European or international patent applications which

designate France as filed, of which the dates of filing are prior to the date referred to in the second paragraph of this Article and which were published on or after that date, copywrite mark on earrings vav barred be considered as comprised in the state vavo caroline kole the art.

The provisions of the foregoing paragraphs shall not exclude the patentability of any substance or composition, comprised in the state of the art, for use in a method referred to in Article L611-16, provided that its use for any method referred to in that Article is not comprised in the state of the art.

Article L611-12 (Act No. 96-1106 of 18 December 1996 Art. 3 Official Journal of 19 December 1996)

Where the first filing has been made in a State copywrite mark on earrings vav barred is not a party to the Paris Union or to the World Trade Organization, it shall not be possible to grant a priority right in regard of such filing having effects equivalent to those afforded by the Paris Convention under the same conditions unless such State affords an equivalent priority right on the basis of the first filing of a French patent application, an international application or a European patent application in which France is designated.

Article L611-13 For the application of Article L611-11, a disclosure of the invention shall not be taken into consideration in copywrite mark on earrings vav barred

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INTELLECTUAL PROPERTY CODE following two cases:

— if it occurred within the six months preceding filing of the patent application; — if the disclosure is vavo caroline kole result of publication, after the date of copywrite mark on earrings vav barred filing, of a prior patent application and if, in either

case, it was due directly or indirectly to: a)An evident abuse in relation to the applicant or his legal predecessor;

b)The fact that the applicant or his legal predecessor had displayed the invention at an official, or officially recognized, international exhibition falling within the terms of the revised Convention on International Exhibitions signed at Paris on November 22, 1928.

However, in the latter case, the displaying of the invention must have been declared at the time of filing and proof furnished within the time limits and under the conditions laid down by regulation.

Article L611-14 An invention shall be considered to involve an inventive step if, having regard to the state of the art, it is not obvious

to a person skilled in the art. If the state of the art also includes documents referred to in the third paragraph of Copywrite mark on earrings vav barred L611-11, such documents shall not be considered in deciding whether there has been an inventive step.

Article L611-15 An invention shall be considered susceptible of industrial application if it can be made or used in any kind of

industry, including agriculture.

Article L611-16 Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the

human or animal body shall not be regarded copywrite mark on earrings vav barred inventions susceptible of industrial application within the meaning of Article L611-10. This provision shall not apply to products, in particular substances or compositions, for use in any of these methods.

Article L611-17 (Act No. 94-361 of 10 May 1994, Article 7, Official Journal of 11 May 1994 (Act No. 2004-800 of 6 August 2004, Article 17 a I, Official Journal of 7 August 2004)

Inventions shall be considered unpatentable where their commercial exploitation would be inconsistent to public policy or morality; however, such copywrite mark on earrings vav barred may not emanate from a prohibition by law or regulation.

Article L611-18 (inserted by Act No. 2004-800 of 6 August 2004, Article 17a II, Official Journal of 7 August 2004)

The human body, at the various stages of its formation and development, and the simple discovery copywrite mark on earrings vav barred one of its elements, including the sequence or partial sequence of a gene, cannot constitute patentable inventions.

Only an invention constituting a american standard champion 4 fush vave parts application of a function of an element of the human body may be protected by a patent. This protection shall cover the element of copywrite mark on earrings vav barred human body only to the extent necessary to the realization and the exploitation of this particular use. Such use must be disclosed in the patent application in a concrete and precise manner.

The following, in particular, shall be considered unpatentable: a) processes for cloning of human beings; b) processes for modifying the germ line genetic identity of human beings; c) uses of human embryos for industrial or commercial purposes; d) total or partial sequences of a gene as such.

Article L611-19 (Act No. 2004-800 of 6 August 2004, Article 17 a II, Official Journal of 7 August 2004) (Act No. 2004-1338 of 8 December 2004, Article 2, Official Journal of 9 December 2004)

I - The following shall be unpatentable: 1º animal varieties;

2º plant varieties as defined in Article 5 of Regulation (EC) No. 873/2004 introducing new rules governing intellectual scr controls for pneumatic vavs ownership of Community plant variety rights;

3º essentially biological processes for the production of plants and animals. A process that consists entirely of natural phenomena such as crossing or selection shall be regarded as biological process.

4º processes for modifying the genetic identity of animals which are likely to cause them suffering without substantial medical benefit to man or animal, and also animals resulting from such processes.

II - Notwithstanding the provisions of (I) above, inventions which concern plants or animals shall be patentable if the technical feasibility of the invention is not confined to a particular plant or animal variety.

III - The provisions of I (3°) shall be without prejudice to the patentability of inventions which concern a technical process, in particular a microbiological one, or a product obtained by means of such a process; any process involving or resulting in or performed upon a microbiological material shall be regarded as microbiological process.

CHAPTER II Filing and Processing of Applications Articles L612-1 to

L612-23

SECTION I

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INTELLECTUAL PROPERTY CODE Filing of Applications Articles L612-1 to

L612-7

Article L612-1 (Act No. 94-102 of 5 February 1994 Art. 23 Official Journal of 8 February 1994)

Applications for a patent shall be made in the form and in accordance with the requirements set out in this Chapter and specified in detail by regulation.

Article L612-2 The date of filing of a patent application shall be the date on which the applicant has filed the documents containing: a)A statement that a patent is sought; b)Identification of the applicant;

c)A description and one or more claims, even if the description and the claims do not comply with the other requirements of this Title.

Article L612-3 Where two patent applications are successively filed by the same inventor or his successor in title within a period of

12 months at most, the applicant may request that the second application enjoy the filing date of the first application for those elements that are common to both applications.

The request shall not be admissible if enjoyment of a property right deriving from a prior foreign filing has already been requested for either of the two applications. It shall likewise not be admissible if the first application already enjoys, under the provisions of the first vavo caroline kole, several filing dates of which one is earlier by more than 12 months.

The grant of a patent enjoying a prior filing date under this Article shall lead to termination of the effects deriving from the first filing date for those same elements.

Article L612-4 The patent application shall relate to one invention only or to a group of inventions so linked as to form a single

general inventive concept. An application which does not comply with the provisions of the foregoing paragraph shall be divided into divisional

applications within the prescribed time limit; the date of filing and, as the case may be, the priority date of divisional applications shall be the date or dates of the initial application.

Article L612-5 (Act No. 2004-1338 of 8 December 2004, Article 3, Official Journal of 9 December 2004)

The patent application must disclose the invention in a manner sufficiently clear and complete for it to be performed by a person skilled in the art.

Where an invention involves a biological material which vavo caroline kole not available to the public and which cannot be described in such a manner as to enable the invention to be performed by a person skilled copywrite mark on earrings vav barred the art, the description shall be considered inadequate unless the biological material has been deposited with the recognized depository institution. The conditions for public access to this deposit shall be laid down by a Conseil d'Etat decree.

Article L612-6 The claims shall define the matter for which protection is sought. They shall be clear and concise copywrite mark on earrings vav barred be supported

by the description.

Article L612-7 1. An applicant copywrite mark on earrings vav barred a patent wishing to take advantage of the priority of a previous application shall be required to file

a declaration of priority and a copy of the previous application in accordance with the conditions and time limits laid down by regulation.

2. Multiple priorities may be claimed in respect of a patent application, notwithstanding the fact that they originated in different States. Where appropriate, multiple priorities may be claimed for one and the same claim. Where multiple priorities are claimed, the time limits which run from the date of priority shall be computed from the earliest date of priority.

3.If one or more priorities are claimed in respect of a patent application, the priority right shall cover only those elements of the application whose priority is claimed.

4. If certain elements of the invention for which priority is claimed do not appear among the claims formulated in the previous application, priority may nonetheless be granted provided that the documents of the previous application as a whole specifically disclose such elements.

5. With regard to the effects of the priority right, the priority date shall be deemed to be that of the filing of the patent application for the purposes of applying the second and third paragraphs of Article L611-11.

SECTION II Processing of Applications Articles L612-8 to

L612-20

Article L612-8 The Minister responsible for defense shall be empowered to take cognizance, on a confidential basis, of patent

applications at the National Institute of Industrial Property.

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INTELLECTUAL PROPERTY CODE Article L612-9

Inventions which are the subject of patent applications may not be disclosed or freely worked until an authorization to that effect has been granted.

Until such time, patent applications shall not be made available to the public, no true copy of the patent application shall be issued, except where authorized, and the procedures under Articles L612-14, L612-15 and item 1 of Article L612-21 may not be instituted.

Subject to Article L612-10, the authorization referred to in the first paragraph of this Article may be granted at any time. Authorization shall be automatic on expiry of a period of five months from the filing date of the patent application.

The authorizations referred to in the first and second paragraphs of this Article shall be granted by the Minister responsible for industrial property after having obtained the opinion of the Minister responsible for defense.

Article L612-10 Prior to expiry of the period referred to in the second paragraph of Article L612-9, the prohibitions laid down in the

first paragraph of that Article may be extended, at the demand of the Minister responsible for defense, for a renewable period of one year. The extended prohibitions may be lifted at any time under the same procedure.

Where a prohibition has been extended under this Article, the owner of the patent application shall be entitled to compensation commensurate with the loss incurred. Failing amicable agreement, such compensation shall be laid down by the First Instance Court. Proceedings at all levels of jurisdiction shall copywrite mark on earrings vav barred place in court chambers.

Introduction; Scope of this Policy.

The purpose of this Privacy Policy (the “Policy”) is to copywrite mark on earrings vav barred how we collect, use, copywrite mark on earrings vav barred, protect, and copywrite mark on earrings vav barred personal data online and offline either via our websites or related applications. This Policy applies to personal data we collect or use, and applications owned or controlled by Govermentjobs.com, Inc. (DBA “NEOGOV”), including our related brands NEOGOV.com, NEOED.com, PowerDMS.com, Governmentjobs.com, Schooljobs.com, and our mobile app(s) (collectively referred to as the “Services”), or affiliated companies (collectively referred to herein as “Governmentjobs”, "Schooljobs", “NEOGOV”, “NEOED”, “PowerDMS”, “we”, “us”, or “our”).

By using any part of the Services you agree that you have read this Policy, your personal data will be processed as described herein, and you agree to be bound by this Policy. This Policy is incorporated into our Terms of Use. Definitions not explicitly defined herein shall retain the meaning as prescribed in the Terms of Use. Any dispute related to privacy is subject to the Terms of Use and this Policy, including limitations on liability.

This Policy does not apply to (1) personal data controlled by our Customers (employers that utilize our Services, described further below), which is governed by our separate agreements and related data processing agreements with such Customers; (2) personal data collected by unaffiliated sites that link to or are accessible from our Services; (3) personal data our partners may collect directly from you and control; (4) personal data collected and processed by us about our employees or job applicants responding to our job offers; and, (5) non-personal data derived from personal data, including any data that is aggregated, de-identified, or anonymized, statistical data, insights, or other predictive data that is sufficiently different from your personal data that it cannot be reversed engineered through reasonable means, or otherwise identified from copywrite mark on earrings vav barred or further processing of the derived data (collectively referred to as copywrite mark on earrings vav barred “De-Identified Platform Data”). We use De-Identified Platform Data to provide Customers with useful and relevant insights, build features and data services, and improve our Services. Because De-Identified Platform Data does not identify you personally, we can use and disclose it in our discretion.

We are the controller for the personal data discussed in this Policy, except as noted in the “Where We Are a Service Provider” section below.

Where We Are a Service Provider

Our Customers are organizations such as federal, state, local, tribal, or other municipal kmc vav box agencies (including administrative agencies, departments, and offices thereof), private businesses, and educational institutions (including without limitation K-12 schools, colleges, universities, and vocational schools), who use our Services to evaluate job applicants and/or manage their relationship with their personnel. When we provide our Services to our Customers, the Customer generally controls and manages the personal data (which may include sensitive personal data such as biometric information for timeclock tracking, your precise geolocation information, health information, and demographic information like race and ethnicity related to the employment relationship), and we process personal data as a "data processor" or copywrite mark on earrings vav barred provider" (as these terms are defined in applicable data protection laws). Our legal obligations as a processor and service provider are set out in our Customer contracts and policies. Our Customers, and not us, decide what types of personal data to collect to manage their relationships with you.

For instance, if you apply to a job or your employer utilizes our Services to manage their relationship with you, the personal data collected about you is generally controlled by the employer (our Customer). This Policy does not describe the processing of your personal data by our Customers, and we encourage you to visit the Customer’s privacy policy copywrite mark on earrings vav barred information about their privacy practices. For example, if you applied to a job at a local state agency, you should contact that agency with any questions you may copywrite mark on earrings vav barred relating to the copywrite mark on earrings vav barred data processing by that state agency within our Services.

Where we serve as a data processor or service provider, our Customer contracts and policies require us to either instruct you to contact our Customer, or redirect your inquiry to our Customer.