Book IV: Administrative and professional organisation

Any company carrying out the activities mentioned in Article L. 422-1 on the date of entry into force of the loi n° 90-1052 du 26 novembre 1990 preceded may apply to be entered on the list of industrial property attorneys. In this case, the condition set out in b of Article L. 422-7 is not applicable. On pain of foreclosure, the application must be submitted, at the latest, two years…

Persons who wish to be represented in proceedings before the National Institute of Industrial Property may only do so, for acts where the technical nature of the subject matter so requires, through the intermediary of industrial property attorneys whose specialisation, determined pursuant to the last paragraph of Article L. 422-1, is relevant to the act. The provisions of the previous paragraph do not prevent the use of the services of…

Any person carrying out the activities mentioned in the first paragraph of Article L. 422-1 to 26 November 1990 may, notwithstanding the provisions of Article L. 422-4, represent the persons mentioned in the first paragraph of this Article in the cases provided for by this paragraph, subject to being entered on a special list drawn up by the Director of the Institut national de la propriété industrielle. Registration is by…

Industrial property attorneys practise their profession either individually or as part of a group, or as employees of a natural or legal person practising the profession of industrial property attorney. .

Professionals registered on the list provided for in Article L. 422-1 or those established on the territory of a Member State of the European Union or of a State party to the Agreement on the European Economic Area and authorised to represent persons in industrial property matters before the central industrial property office of their State are permitted to form, in order to practise their profession, professional non-trading companies, liberal…

Industrial property attorneys may practise their profession within the framework of a société pluri-professionnelle d’exercice, provided for in Title IV bis of Law no. 90-1258 of 31 December 1990 relating to the practice in the form of companies of liberal professions subject to a legislative or regulatory statute or whose title is protected and to companies for the financial participation of liberal professions, the purpose of which is the joint…

All industrial property attorneys must provide proof of insurance guaranteeing their professional civil liability for negligence and faults committed in the performance of their duties, as well as a guarantee specifically assigned to the reimbursement of funds, effects or values received.

A national company of industrial property attorneys is hereby established, a body with legal personality, placed at the National Institute of Industrial Property for the purpose of representing industrial property attorneys before the public authorities, promoting access to their services throughout the territory, defending their professional interests and ensuring compliance with the rules of professional ethics. .

Any natural or legal person practising the profession of industrial property attorney who is guilty either of an infringement of the rules of this title or of the texts adopted for its application, or of acts contrary to probity, honour or delicacy, even if they are extra-professional, may be subject to one of the following disciplinary measures: warning, reprimand, temporary or permanent striking off. Sanctions are handed down by the…

Continuing training is compulsory for industrial property attorneys registered on the list mentioned in the third paragraph of Article L. 422-1. The Compagnie nationale des conseils en propriété industrielle monitors compliance with this obligation. A decree in the Council of State shall determine the nature and duration of the activities that may be validated under the continuing training obligation, as well as the procedures for its monitoring.