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

Article R422-1 of the French Intellectual Property Code

Any person qualified in industrial property registered on the list provided for in Article R. 421-1 may request to be entered, with the same indication of specialisation, on the list of industrial property attorneys provided for in the third paragraph of article L. 422-1. The mention Patents allows intervention in the procedures provided for in articles R. 612-2 and R. 613-44. The mention Trademarks, designs and models allows intervention in…

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Article R422-2 of the French Intellectual Property Code

Inclusion on the list provided for in Article R. 422-1 is subject to the following conditions: 1° Offering or undertaking to offer within three months to the public the services provided for in Article L. 422-1 either individually or as part of a group, or as an employee of another industrial property attorney or of an industrial property firm; 2° Be of French nationality or a national of another Member…

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Article R422-3 of the French Intellectual Property Code

The application for registration shall be submitted to the Director General of the Institute. It shall be accompanied by proof that the conditions laid down in Article R. 422-2 have been met. In the event that the application does not comply, the applicant shall be given reasoned notification. The applicant is given a period in which to rectify the application or contest the Institute’s objections. If the application is not…

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Article R422-4 of the French Intellectual Property Code

The Director General of the Institute shall proceed with registration after obtaining the opinion of the Compagnie nationale des conseils en propriété industrielle. The opinion is deemed to have been given if the company has not formulated it within a period of one month from the date of referral. Refusal of registration is made by a reasoned decision which is notified to the interested party. The registration of natural persons…

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Article R422-5 of the French Intellectual Property Code

Any person registered on the list of industrial property attorneys may request to be removed from it. They must do so if they no longer meet the conditions set out in Article R. 422-2. The request is submitted to the Director General of the Institute who proceeds with the cancellation after receiving the opinion of the Compagnie nationale des conseils en propriété industrielle. The striking off shall be stayed in…

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Article R422-6 of the French Intellectual Property Code

The application for registration of a company in the special section provided for in Article L. 422-7 is submitted by its agent or, where the company has not yet been formed, by the agent of the partners. In the case of a company not covered by Article L. 422-7-1, it is accompanied by proof that the application for registration has been filed with the Trade and Companies Register. The Director…

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Article R422-7 of the French Intellectual Property Code

The share capital of an industrial property consultancy mentioned in Article L. 422-7 (b) may, in accordance with Article L. 423-2 (e), be only 25% owned by an industrial property attorney, provided that the purpose of the company is to group together one or more industrial property attorneys with other service providers primarily engaged in one of the following activities: 1° Building prototypes; 2° Matching offers and licence applications; 3°…

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Article R422-7-1 of the French Intellectual Property Code

When a professional 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 is entitled to represent persons in industrial property matters before the central industrial property service of that State, he may use in France his professional title, expressed in the language or one of the languages of the latter State, to represent persons…

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