The President of the Compagnie nationale des conseils en propriété industrielle acts as prosecuting authority. He examines the referral or complaint and gives a reasoned decision within two months of the referral. It decides whether to initiate proceedings with a view to disciplinary action against the industrial property attorney or to close the complaint or referral if it considers that it is inadmissible, unfounded or manifestly unfounded. He will notify his decision to the parties, the Secretariat and the Chairman of the Disciplinary Board. If the complaint or referral is dismissed, the decision shall state the appeal procedures and deadlines.
The decision to institute proceedings shall set a time limit for the industrial property attorney sued to submit his observations, which may not be less than two months.
When the President of the Compagnie nationale des conseils en propriété industrielle has intervened as the author of the referral or as a conciliator, he shall designate one of his vice-presidents to exercise the function of prosecuting authority in the case in question.
When the President of the Compagnie nationale des conseils en propriété industrielle is involved in a referral or complaint, the function of prosecuting authority is exercised by the most senior former President of the Compagnie nationale des conseils en propriété industrielle, entered on the list of industrial property attorneys mentioned in Article L. 422-1.