Section 3: Practice as a company

The provisions of this sub-section govern companies formed pursuant to Title I of the Law n° 90-1258 of 31st December 1990 and whose corporate object is the joint practice of the profession of industrial property attorney. These companies are called “sociétés d’exercice libéral de conseils en propriété industrielle” .

Deeds and documents intended for third parties, in particular letters, invoices, advertisements and various publications, emanating from a company for the liberal practice of industrial property attorneys must indicate the company name immediately preceded or followed by the mentions provided for in the first paragraph of Article 2 of the aforementioned Law of 31 December 1990. They must also indicate the address of its registered office, the mention of its…

Holding shares in a company for the liberal practice of industrial property attorneys is prohibited for any person struck off the list of industrial property attorneys or the list of patent attorneys as provided for in l’article 3 du décret n° 76-671 du 13 juillet 1976 modifié relatif à la qualification professionnelle en matière de brevets d’invention et portant organisation et régime disciplinaire de la profession de conseil en brevets…

Companies for the liberal practice of industrial property attorneys are subject to the provisions relating to the obligations, guarantee and discipline applicable to the profession of industrial property attorney. However, the companies may not be subject to disciplinary proceedings independently of those that would be brought against the attorneys associated within these companies practising the profession.

The partner of a private practice company set up to practise the profession of industrial property attorney may be excluded from it in the event of a final disciplinary sanction having the effect of temporarily prohibiting him from practising the profession for more than six months. Such exclusion is decided by the other partners acting unanimously.

Any excluded member has a period of six months from the date on which the company notifies him of this decision, by sending a registered letter with acknowledgement of receipt, in which to sell his shares. During this period, the excluded member loses the remuneration linked to the exercise of his professional activity and his right to attend and vote at company meetings. They retain their right to receive dividends…

A partner temporarily banned from practising his profession retains, for the duration of his sentence, his status as a partner with all the rights and obligations arising therefrom, with the exception of his entitlement to any remuneration paid by the company in connection with the performance of his professional activity. In the event of suspension of the practice of the profession affecting all the members of the private practice company,…