Title II: Industrial property qualification

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.

In all matters and for all services mentioned in article L. 422-1, the industrial property attorney shall observe professional secrecy. This secrecy extends to consultations addressed or intended for his client, professional correspondence exchanged with his client, a colleague or a lawyer, with the exception for the latter of those bearing the mention “official”, interview notes and, more generally, all file documents.

The profession of industrial property attorney is incompatible: 1° With any activity of a commercial nature, whether exercised directly or through an intermediary; 2° With the capacity of partner in a general partnership, general partner in a limited partnership or partnership limited by shares, manager of a limited liability company, chairman of the board of directors, member of the management board, managing director or deputy managing director of a public…

The profession of industrial property attorney is incompatible with the practice of any other profession, subject to specific legislative or regulatory provisions. It is, however, compatible with teaching duties, as well as those of arbitrator, mediator, conciliator or court expert.