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Part Two: Industrial property

Article L411-1 of the French Intellectual Property Code

The Institut national de la propriété industrielle is a public establishment with legal personality and financial autonomy, reporting to the Minister responsible for industrial property. The mission of this establishment is: 1° To centralise and disseminate all information necessary for the protection of innovations and for the registration of companies, as well as to undertake any awareness-raising and training activities in these areas; 2° To apply the laws and regulations…

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Article L411-2 of the French Intellectual Property Code

The Institute’s revenue is made up of all fees collected in respect of industrial property and the national register of companies, up to the ceiling provided for in I of Article 46 of Finance Act 2011-1977 of 28 December 2011 for 2012. The portion of the fees collected by the Institute for the maintenance in force of European patents paid to the organisation created by Article 4 of the Convention…

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Article L411-4 of the French Intellectual Property Code

The Director General of the Institut national de la propriété industrielle shall take the decisions provided for in this code when issuing, rejecting or maintaining industrial property titles, as well as when approving, rejecting or amending the specifications of geographical indications defined in Article L. 721-2 or the withdrawal of such approval. It shall rule on applications for invalidity or revocation of trademarks and on oppositions filed against patents for…

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Article L411-5 of the French Intellectual Property Code

Reasons shall be given for the rejection decisions referred to in the first paragraph of Article L. 411-4, for decisions ruling on an opposition filed against an application for registration of a trade mark and for decisions ruling on an application for relief from revocation in respect of trade marks or designs. The same shall apply to decisions ruling on an application for invalidity or revocation of trade marks or…

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Article L412-1 of the French Intellectual Property Code

A public interest grouping comprising, in particular, the State and the Institut national de la recherche agronomique performs the functions of the national plant variety authority. In this capacity, it is responsible for: 1° Applying the laws and regulations on plant variety protection and, in particular, issuing the certificate referred to in Article L. 623-4; 2° To support the State in drawing up national regulations and international agreements relating to…

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Article L421-1 of the French Intellectual Property Code

A list of persons qualified in industrial property is drawn up annually by the Director of the National Institute of Industrial Property. This list shall be published. Persons on the aforementioned list may practise as an employee of a company or on a self-employed basis individually or in a group or as an employee of another person practising on a self-employed basis. Persons appearing on 26 November 1990 on the…

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Article L421-2 of the French Intellectual Property Code

No one may be entered on the list provided for in the preceding article if they are not of good character and if they do not meet the prescribed conditions in terms of diplomas and professional practice. Entry is accompanied by an indication of specialisation according to the diplomas held and the professional practice acquired.

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Article L422-1 of the French Intellectual Property Code

The profession of an industrial property attorney is to offer, on a regular and remunerated basis, his services to the public to advise, assist or represent third parties with a view to obtaining, maintaining, exploiting or defending industrial property rights, ancillary rights and rights relating to all related matters. The services referred to in the previous paragraph include legal advice and the drafting of private deeds. No one is authorised…

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