The Intellectual Property Code allows online service providers to refer disputes relating to the licensing of usage rights to a mediator.
The purpose of this mediation is to promote or encourage the amicable resolution of disputes, with the proviso that civil and administrative proceedings are suspended for the duration of the procedure.
The following FAQ section is designed to help you better understand this mediation procedure.
The mediator is appointed by the CCOGDA (Commission de contrôle des organismes de gestion des droits d’auteur et des droits voisins or Copyright and Related Rights Management Organisations Standards Committee).
The current mediator is Ms Catherine Ruggeri.
You can refer a matter to the mediator either alone, by submitting a request, or jointly with DVP.
This request must include a number of details, as specified in Article R.321-26 of the Intellectual Property Code.
What are the steps that follow the appointment of a mediator by one party?
Once the mediator has been appointed, they must inform the other party or parties concerned within 8 days.
The parties then have 30 working days to submit their comments to the mediator and the party requesting mediation. This period may be extended once by the mediator for the same duration.
How does the mediation process work?
The mediator has 3 months to carry out their mission, renewable once for the same period, at the mediator’s request and with the agreement of the parties.
The mediator consults with the parties, separately or jointly, as well as any other persons whose testimony they deem useful. The parties and the persons summoned may be assisted by any person of their choice.
The content of the agreement between the parties, even partial, is recorded in a statement signed by the parties and the mediator, specifying the actions to be taken.
The mediator communicates this report and the follow-up actions taken by the parties to the president of the CCOGDA, who communicates this information to the Minister of Culture.
If the parties are unable to reach an agreement, the mediator draws up a report noting the negative outcome with justifying remarks, a copy of which is given to each party.
The mediator may issue a recommendation. This recommendation is forwarded to the parties, who inform the mediator within three months of their response.
The mediator forwards the report noting the breakdown of mediation, any recommendation and the response of the parties to the president of the CCOGDA, who forwards this information to the Minister of Culture.
During mediation, either party may invoke a confidentiality requirement on the grounds of business secrecy. In such cases, the party informs the mediator of the information, documents or parts of documents that it considers to be covered by this requirement and which may not be made public or disclosed to the other parties.
Statements taken may not be introduced or invoked by a party without the consent of the party that introduced them in the context of another mediation procedure, arbitration procedure or legal proceeding.
The mediator’s findings may not be introduced by the parties, with the exception of those that have been made public.
This mediation mission is covered by Article L.327-1.3° of the Intellectual Property Code, and its procedure is detailed in Articles L. 327-6 and R. 321-35 to R. 321-44 of the same code.