Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Finance and Industry,
Considering the intellectual property code, including articles L. 422-4, L. 422-8, L. 422-10, L. 513-1 and L. 717-5;
The State Council (inland section) heard,
Decrete:
The Regulation of the Intellectual Property Code is amended in accordance with Articles 2 to 10 of this Decree.
The second part of section R. 422-2 is replaced by the following provisions:
« 2° Being of French nationality or a national of another Member State of the European Community or another State Party to the Agreement on the European Economic Area; "
After the article R. 422-7, a section 1 bis is inserted as follows:
“Section 1 bis
"Free provision of services by industrial property agents established in the territory of a Member State of the European Community or a State Party to the agreement on the European Economic Area
"Art. R. 422-7-1. - When a professional established in the territory of a Member State of the European Community or a State Party to the Agreement on the European Economic Area is entitled to represent in the industrial property of persons before the central industrial property service of that State, it may make use in France of its professional title, expressed in the language(s) of the latter State, to represent persons before the national Institute of industrial property, as soon as its title is established
"When the exercise of the profession in the State where the person concerned is established is not subject to the possession of a prescribed title, the professional must justify to the National Institute of Industrial Property, by a certificate from the competent authority of that State, such an exercise as usual for at least two years in the last ten years.
"Art. R. 422-7-2. - The professionals mentioned in article R. 422-7-1 are required, in the exercise of their activity in France, to respect the rules set out in articles L. 422-8 and R. 422-52 in R. 422-54. In the event of breach of their obligations, they are subject to the provisions of articles R. 422-56 to R. 422-66 and the penalties provided for in Article L. 422-10 are applicable to them.
"However, the disciplinary measure of temporary or final radiation is replaced by a temporary or final ban measure to carry out professional activities in France. The Disciplinary Board may request the competent authority of the State of origin to provide professional information concerning the persons concerned. She informs the latter of any decision taken. These communications do not affect the confidentiality of the information provided. »
I. - Article R. 422-56 is supplemented by a paragraph as follows:
"The Disciplinary Board also has breaches of their obligations of other persons admitted to work in France in the industrial property consulting profession. »
II. - In the first paragraph of section R. 422-60, the words "of the industrial property board involved" are replaced by the words "of the person involved".
III. - Section R. 422-62 is amended to read:
1° In the first paragraph, the words "industrial property council" are replaced by the words "person";
2° In the third paragraph, the words: "to the industrial property council" are replaced by the words: "to the person prosecuted";
3° The fourth preambular paragraph is replaced by the following:
"The person prosecuted, the authority that has seized the board or the author of the complaint may consult with the secretary of the board of the prosecution file, including the report referred to in R. 422-60. For this purpose, the person prosecuted and the author of the complaint may be assisted by the person of their choice. »
IV. - The fourth paragraph of section R. 422-63 is replaced by the following provisions:
"Except when the board decides under section R. 422-61, the author of the complaint may attend and be heard. Subject to the same reservation, the person prosecuted has the last word and may, as well as the author of the complaint, be assisted by the person of his or her choice.
V. - In the fourth paragraph of section R. 422-64, the words "in council" are replaced by the words "in person".
Article R. 423-1 is supplemented by a paragraph as follows:
"People on the list provided for in Article L. 422-5 shall be held, in the course of their professional activity, to respect the rules set out in Articles L. 422-8 and R. 422-52 in R. 422-54. In the event of a breach of their obligations, they are subject to the provisions of Articles R. 422-56 to R. 422-66 and the penalties provided for in Article L. 422-10 apply to them. »
In the first paragraph of articles R. 512-1 and R. 512-2, the words "in France" are replaced by the words "in a Member State of the European Community or in a State Party to the Agreement on the European Economic Area".
Section R. 513-1 is replaced by the following provisions:
"Art. R. 513-1. - The extension of a drawing filing or model under section L. 513-1 is the result of a statement by the licensee established under the conditions set out in the order referred to in section R. 514-5. It may be specified that the extension is only valid for certain designs or models.
The declaration must hardly be admissible:
1° To be presented in the last six months preceding the expiry of each period of protection by the individual or his agent, who must join a power unless he has the quality of industrial property advice. However, the first extension may be requested at the filing;
2° include the designation of the deposit to be extended and emanated from the registered holder on the day of the declaration to the National Drawings and Models Register;
3° Be accompanied by the justification for payment of the prescribed fee. »
In the first and second paragraphs of Article R. 612-2 and in the first and third paragraphs of Article R. 712-2, the words "in France" are replaced by the words "in a Member State of the European Community or in a State Party to the Agreement on the European Economic Area".
Chapter VII of the Single Title of Book VII is amended to read:
I. - The title of the chapter is replaced by the following title:
"International brand and community brands. »
II. - It is created in this chapter a section 1 entitled "International Trademark" and comprising articles R. 717-1 to R. 717-8.
III. - After article R. 717-8, a section 2 is inserted as follows:
“Section 2
“Community mark
"Art. R. 717-9. - The community brand or the application for a community brand is transformed into a French brand application upon receipt by the National Institute of Industrial Property of the request for transformation addressed to the Office of Harmonization in the domestic market. A national number is assigned to him.
1° A deadline is provided to the applicant to provide:
(a) The application for registration provided for in 1° of Article R. 712-3;
(b) The justification for payment of royalties provided for in paragraph 2 of Article R. 712-3;
(c) The translation into French, if any, of the request for transformation and the attachments to it.
If the applicant does not have his domicile or seat in a Member State of the European Community or in a State Party to the Agreement on the European Economic Area, the applicant shall, within the same period, constitute a representative satisfying the requirements of Article R. 712-2 and communicate the name and address of the applicant to the National Institute of Industrial Property;
2° The request from the request for processing shall be rejected if the documents mentioned in 1° are not produced within the prescribed time limit;
3° When the request for processing is recognized as admissible, it is published in the Official Industrial Property Bulletin within six weeks after the receipt by the National Institute of Industrial Property of the parts referred to in 1°. Subject to the provisions of the third paragraph of Article L. 717-5, mention shall be made of the faculty open to any interested person to make comments within the two-month period and to the persons referred to in Article L. 712-4 to file an objection to registration within that same period.
"Art. R. 717-10. - The application for a national mark from the request for processing shall be reviewed and recorded or rejected under the conditions set out in articles R. 712-9 to R, 712-23. »
Book VIII is amended to read:
I. - The title of the book is replaced by the following title:
« Application in French Polynesia, in the Wallis and Futuna Islands, in the French Southern and Antarctic Lands, New Caledonia and Mayotte. »
II. - Item R. 811-1 is replaced by the following provisions:
« 1° Articles R. 421-1 to R. 421-12, R. 422-1 to R. 422-66, R. 423-1 and 423-2, R. 615-1 to R. 615-5. »
III. - In sections R. 811-2 and R. 811-3, the words "Mayotte's territorial community" are replaced by the word "Mayotte".
With the exception of articles 2, 3, 4 and 5, this decree is applicable in French Polynesia, Wallis and Futuna Islands, in French Southern and Antarctic Lands, New Caledonia and Mayotte.
The Minister of Economy, Finance and Industry, the Minister of the Interior, the Secretary of State for the Overseas and the Secretary of State for the Industry are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, February 18, 2002.
Lionel Jospin
By the Prime Minister:
Minister of Economy,
finance and industry,
Laurent Fabius
The Minister of the Interior,
Daniel Vaillant
The Secretary of State to the Overseas,
Christian Paul
State Secretary to Industry,
Christian Pierret
