The Office of Intellectual Property (OCIO), which is part of the Department’s General Secretariat, is the cross-cutting place for all issues related to literary and artistic property and trademarks. He participates in the development of French copyright and neighbouring rights policy, alongside the minister’s office, and implements it on a daily basis.
First, the office develops all relevant legislative and regulatory texts, in conjunction with the department’s directorates or other departments concerned.
Second, he works in liaison with legal advisors in other branches of the ministry. As such, he acts as a technical advisor to them when writing or negotiating contracts. He also frequently has the opportunity to advise the general public on all matters relating to copyright and related rights.
The office ensures the annual control of the statutory reforms of the collective management bodies and a follow-up of the evolution of their activities, through the annual reception of their management accounts. It is also responsible for issuing certifications to sworn officers of collective management organizations.
The secretariat of various administrative commissions is also a major task for the OCIO. Three of them are provided for by the Intellectual Property Code (CPI) for the implementation of specific exceptions to copyright and related rights or legal licenses, while the fourth is an advisory and foresight body:
- Commission for “private copying” (Article L. 311-5 of the CPI), responsible for determining the types of reproduction medium, the rates of remuneration due to authors and holders of neighbouring rights in return for private copying acts and the manner in which such remuneration is paid;
- Commission for “equitable remuneration” (Article L. 214-4 of the CPI) responsible for determining the scale of remuneration due to artists and producers in return for certain modes of distribution of their phonograms and the methods of payment of this remuneration;
- in liaison with the book and reading service of the Directorate-General for Media and Cultural Industries, the committee responsible for monitoring and expertise related to the implementation of the exception to copyright and related rights for the benefit of persons with disabilities (Article R. 122-16 of the ICC).
- Superior Council for Literary and Artistic Property (CSPLA) which, since 2000, brings together the various stakeholders in the fields of creation to advise the minister on literary and artistic property.
The OCIO represents France at Community level and within the World Intellectual Property Organization (WIPO) for all discussions and negotiations on international directives or treaties on copyright in neighbouring rights.
It also draws up, in conjunction with the Ministry of Foreign Affairs, the position of the French Government when it wishes to submit written observations in the context of a question referred to the Court of Justice of the European Union for a preliminary ruling.
Finally, OCIO manages the department’s brand portfolio in conjunction with the Government Intangible Heritage Agency (FIPA).
