Regulatory part

The disciplinary chamber, provided for in Article L. 422-10 for dealing with breaches of their obligations by industrial property attorneys, is composed of seven members: 1° A magistrate of the judiciary, chairman, appointed on the proposal of the first president of the Paris court of appeal; 2° A member of the Council of State appointed on the proposal of the vice-president of the Council of State; 3° A former president…

The members of the Disciplinary Board and their alternates shall be appointed for a term of four years, renewable once, by joint order of the Minister of Justice and the Minister responsible for industrial property. .

The secretary of the Compagnie nationale des conseils en propriété industrielle is the rapporteur of the Disciplinary Board. If he is unable to act, the office of the company shall appoint a substitute from among its members. The secretariat of the Disciplinary Board is provided by the Institut national de la propriété industrielle.

The matter is referred to the Disciplinary Board by the Keeper of the Seals, Minister of Justice, by the Minister responsible for industrial property, by the Director General of the National Institute of Industrial Property, by the President of the National Association of Industrial Property Attorneys or by the complaint of a person who considers himself to have been harmed by the failure of an industrial property attorney to fulfil…

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…