Title II: Industrial property qualification

On receipt of a complaint, the President of the Compagnie nationale des conseils en propriété industrielle may propose a conciliation procedure to the parties, if the alleged infringement that is the subject of the complaint has not already been the subject of such a procedure. If the parties accept this procedure, it will be carried out in accordance with the procedures laid down in the rules of procedure referred to…

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…

The time limit for appealing against the decision to close the case is one month. It runs from the day on which notification was made to the author of the complaint or referral. Reasons must be given for the appeal. It shall be addressed to the secretariat of the Disciplinary Board. The appeal body is made up of three industrial property attorneys appointed by the president of the Compagnie nationale…

In the event of a decision to institute proceedings, the rapporteur shall investigate the case by taking all necessary investigative measures, including obtaining from the prosecuting authority and, where appropriate, from the appeal body, all information that he considers useful. The rapporteur may request the necessary explanations from the chamber of the industrial property attorney being prosecuted, from the author of the complaint or referral, from the examiner(s) mentioned in…

The summons to the hearing before the Disciplinary Board is sent by the Secretariat to the industrial property agent being prosecuted, at least one month before the hearing. It is accompanied by the report filed by the rapporteur. The observations received from the parties are annexed to the report. Where the person being prosecuted is a legal entity, the summons is sent under the same conditions to its legal representative….

Unless one of its members and his or her alternate is disqualified on one of the grounds provided for in article L. 111-6 of the Code of Judicial Organisation, the Disciplinary Board may only sit and deliberate if all the members or their alternates are present. The Board hears the rapporteur, who reads his report. The chamber hears the rapporteur who reads out his report. The author of the complaint…

The deliberation takes place without the presence of the parties. The rapporteur and the secretary of the chamber shall not take part in the deliberation. The decision shall state the reasons on which it is based. It is taken by a simple majority. However, temporary disbarment for more than one year or permanent disbarment may only be decided by a majority of five members, or four members where the Disciplinary…

The reprimand is published anonymously on the website of the National Institute of Industrial Property and on the website of the National Association of Industrial Property Attorneys. Temporary or permanent removal from the list of industrial property attorneys is published in the Bulletin officiel de la propriété industrielle, on the website of the Institut national de la propriété industrielle and on the website of the Compagnie nationale des conseils en…

Any company a member of which has been permanently struck off for disciplinary reasons shall be struck off the special section provided for in Article L. 422-7, by decision of the Director General of the Institut national de la propriété industrielle, if the person concerned has not ceased to carry on business therein within three months. The registrar referred to in article R. 422-6 is notified of this decision to…

Any referral or complaint provided for in this Section shall be made by registered letter with acknowledgement of receipt or by any method of teletransmission which confers a date certain on its receipt in accordance with the conditions defined by decision of the Director General of the National Institute of Industrial Property. The Director General of the National Institute of Industrial Property may require that referrals, complaints or opinions be…