Chapter II: Conditions of practice of the profession of industrial property attorney

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…

Persons entitled to the title of patent attorney on the date of entry into force of the Law No. 90-1052 of 26 November 1990 relating to industrial property are automatically entered on the list provided for in Article L. 422-1.

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. .