Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Finance and Industry,
Given the Intellectual Property Code, including articles L. 421-1 and L. 421-2;
The Conseil d' Etat (section of public works) heard,
Describes:
The regulatory part of the Intellectual Property Code is amended in accordance with Articles 2 to 10 of this Decree.
At the beginning of article R. 421-1, are inserted the words: " Subject to Article R. 421-1-1, ".
After R. 421-1, are inserted articles R. 421-1-1 and R. 421-1-2, written as follows:
" Art. R. 421-1-1. -May also be entered on the list of qualified persons provided for in Article L. 421-1:
" 1 ° Subject to the completion of the conditions of diplomas of 1 ° and 2 ° of Article R. 421-1 and to justify at least eight years of professional practice in relation to industrial property:
" (a) Persons having exercised within one or more undertakings, groups of undertakings, associations, foundations or public institutions;
" (b) Employees of a lawyer or of an industrial property attorney, an association or a company of lawyers or a company of industrial property attorneys, an office of attorney or a lawyer at the Conseil d' Etat and the Court of Cassation;
" (c) Public servants and former employees of category A or persons assimilated to officials of that category who have exercised in a public administration or service or an international organization;
" The persons mentioned in a, b and c may have carried out their activities in several of the functions referred to in those provisions, since the total duration of such activities is at least eight years;
" 2 ° People who meet all of the following conditions:
" (a) The possession of a diploma equivalent to a post-secondary diploma in legal, scientific or technical higher education, obtained, as appropriate, in the course of vocational training;
" (b) The possession of the diploma of the Centre d' études internationales de la propriété industrielle (CEIPI) of the University of Strasbourg or of a recognized equivalent title under conditions fixed by the joint custody order of the seals, Minister of Justice, The Minister responsible for industrial property and the Minister responsible for higher education, issued in the framework of continuing vocational training;
" (c) Professional practice of at least eight years, related to industrial property, acquired:
" -within one or more undertakings, groups of undertakings, associations, foundations or public establishments;
" -as employees of a lawyer or an industrial property attorney, an association or a company of lawyers or a company of industrial property attorneys, an office of attorney or attorney at the Conseil d' Etat and the Court of Cassation ;
" -as officials and former employees of category A or as persons assimilated to officials of that category who have exercised in a public administration or service or an international
. The persons mentioned in c may have carried out their activities in several of the functions referred to in those provisions, since the total duration of such activities is at least eight years.
" Except where it is the result of functions performed in an international organisation, the professional practice laid down in 1 ° and 2 ° must have been acquired in a Member State of the European Union or a party to the European Economic
. Art. R. 421-1-2. -The reality and content of the professional practice of the persons referred to in Article R. 421-1-1 as well as their knowledge of the ethical rules relating to the profession of advice in industrial property shall be subject, in the circumstances Set by order of the Minister responsible for industrial property, to the control of the selection board referred to in Article R. 421-6. In addition, the Selection Board shall determine, in the light of the professional practice of the persons concerned, the reference to specialisation to which their registration is attached. "
The second paragraph of Article R. 421-5 is replaced by the following:
" The professional practice must have been acquired in France in the subject corresponding to the mention of specialization sought and under the responsibility of a qualified person in industrial property registered with the same mention. This professional practice may also have been acquired in another Member State of the European Union or a party to the European Economic Area provided that it has been acquired under the responsibility of a person entitled to represent the Persons, in the subject matter of the specialisation sought, before the central industrial property office of the State in which it is established. "
The first paragraph of Article R. 421-6 is replaced by the following:
" The jury responsible for the examination of the examination provided for in Article R. 421-1 (4 °) shall comprise a judge of the judicial order, President, a university professor teaching private law, a lawyer, two persons competent in property Industrial property and four persons on the list of persons qualified for industrial property, including two industrial property attorneys. He shall be appointed an alternate for each titular member. "
In R. 421-7, the words: " In Article R. 421-1 " Are replaced by the words: " R. 421-1 and R. 421-1-1 ".
In R. 421-9, after the words: " In Article R. 421-1 ' shall be inserted: ' In R. 421-1-1 ".
In R. 421-10, the words: " In Article R. 421-5 " Are replaced by the words: " R. 421-5 and R. 421-1-2 ".
In R. 512-2 (third paragraph), R. 512-3 (twelfth subparagraph), R. 512-9-1 (second paragraph), R. 512-15 (last paragraph), R. 512-17 (fourth paragraph), R. 612-2 (last paragraph), R. 612-38 (second subparagraph), R. 613-45 (second paragraph), R. 613-55 (last paragraph), R. 613-57 (fourth paragraph), R. 712-2 (last paragraph), R. 712-14 (last paragraph), R. 712-21 (second paragraph), R. 714-4 (last paragraph) and R. 714-6 (fourth paragraph), after the words: " Industrial property advice ", are added the words:" ".
The provisions of b of 2 ° of Article R. 712-3 are replaced by the following provisions:
" (b) If a representative is appointed, the power of the representative, unless he is an industrial property attorney or a lawyer; ".
This Order is applicable to Mayotte.
Done at Paris, 7 May 2007.
Dominique de Villepin
By the Prime Minister:
The Minister for Industry,
François Loos
The Minister of the Economy,
Finance and Industry,
Thierry Breton
The Minister of National Education,
of higher education
and search,
Gilles de Robien
The overseas minister,
Hervé Mariton
