MISE A JOUR LEGIFRANCE 25/03/02

Article R111-1

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The royalties referred to in Article L. 111-4 (third paragraph) of the Intellectual Property Code shall be paid to that one of the following bodies that is competent by reason of its statutory vocation, the nature of the work and the envisaged exploitation mode:

Centre national des lettres;

Société des gens de lettres;

Société des auteurs et compositeurs dramatiques;

Société des auteurs, compositeurs et éditeurs de musique;

Société pour l'administration du droit de reproduction mécanique des auteurs, compositeurs et éditeurs;

Société des auteurs des arts visuels.

If the competent body should not accept to collect the royalties concerned or in the absence of a competent body, the royalties shall be paid to the Deposit and Consignment Office.

Article R111-2

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The amount of the monies to be paid by the user of a work shall be determined in accordance with usual practice in each of the categories of creation involved.

The payment of the monies and their use for purposes of general or professional interest shall be subject to controls by the Minister responsible for culture.

Chapter II: Patrimonial Rights

Article R122-1

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The threshold for the levying of the resale right referred to in Article L. 122-8 shall be set at a selling price of 100.

Article R122-2

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

An artist who wishes to enjoy resale right either for the whole of his work or for one or more works, when they are included in a public sale, shall be required to have published in the Official Journal a statement of which the terms shall be laid down by ministerial order.

The artist concerned shall simultaneously address to the Minister responsible for culture a duplicate of his statement.

The statement may be made by the heirs or successors in title of the artist. The statement may mention the marks or particulars of any kind that may facilitate authentification of the artist's works.

Where the object results from the collaboration of more than one artist wishing to enjoy resale right, the statement may be made collectively by those artists or individually by each of them.

Such statement shall include the fact that there is agreement between the collaborators on the distribution of the royalty provided for by this Code and in what proportion they have agreed to proceed therewith.

Article R122-3

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 2001-650 of 19 July 2001 art. 68 Official Journal of 21 July 2001 in force on 1 October 2001)

In the absence of the statement referred to in the preceding Article, the concerned party may enjoy the resale right when a given work is included in a public sale by requesting the public or ministerial officer, or the person authorised on a permanent or casual basis to conduct voluntary sales of moveables at public auctions, at the latest within 24 hours after the sale, to effect the levy referred to in Article L. 122-8.

Where the object has resulted from the collaboration of more than one artist and in the absence of a statement as provided for in the preceding Article, a person or persons who wish to enjoy the resale right may assert that right in accordance with the preceding paragraph.

The notification addressed to the public or ministerial officer, or the person authorised on a permanent or casual basis to conduct voluntary sales of moveables at public auctions shall state whether there is agreement between the collaborators on distribution of the royalty and in what proportion they have agreed to proceed therewith.

Article R122-4

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The statements under Articles R. 122-2 and R. 122-3 may include the designation of a representative such as a company or association instructed to represent the interests of the artists, his heirs and cessionaries for the application of the provisions of Article L. 122-8.

Such representative shall take all necessary steps to safeguard the rights of the artist, his heirs and cessionaries.

Article R122-5

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 2001-650 of 19 July 2001 art. 68 Official Journal of 21 July 2001 in force on 1 October 2001)

As from the inclusion in the Official Journal of the statement under Article R122-2 or of receipt of the statement under Article R122-3, the public or ministerial officer, or the person authorised on a permanent or casual basis to conduct voluntary sales of moveables at public auctions, carrying out the public sale of the work of art that is the subject of such statement shall be required, at his personal liability, to levy on the selling price obtained the amount resulting from application of the tariff determined by Article L122-8 and Article R122-1.

Article R122-6

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 2001-650 of 19 July 2001 art. 68 Official Journal of 21 July 2001 in force on 1 October 2001)

Three clear days after a sale that has given rise to a levy, the monies shall be kept by the public or ministerial officer, or the person authorised on a permanent or casual basis to conduct voluntary sales of moveables at public auctions, at the disposal of the concerned party. The monies shall be remitted either against proof by the concerned party of his identity or of his capacity to act or by a declaration of the representative and at his liability.

Where the object has resulted from the collaboration of more than one artist, in the absence of an agreement under Articles R. 122-2 and R. 122-3, the amount resulting from application of the tariff determined by Articles R. 122-8 and R. 122-1 shall be held for the benefit of the entitled persons until the issue of distribution has been amicably settled or a decision has been taken under the general rules of law. If, on expiry of the three-month period laid down by Article R. 122-7, the conditions for distribution have not been fixed and notified by the parties concerned to the public of ministerial officer, or the person authorised on a permanent or casual basis to conduct voluntary sales of moveables at public auctions, who has made the levy, the amount resulting from that levy shall be paid to the Deposit and Consignment Office for subsequent remittance to the entitled party.

Article R122-7

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 2001-650 of 19 July 2001 art. 68 Official Journal of 21 July 2001 in force on 1 October 2001)

If the monies have not been handed out after the sale, the public or ministerial officer shall hold the amount during a period of three months.

Before expiry of the first month, the public or ministerial officer, or the person authorised on a permanent or casual basis to conduct voluntary sales of moveables at public auctions, shall inform by registered letter the artist, his heirs and cessionaries or his representative that he has made a levy for his benefit in application of Article L122-8 and that the amount resulting is being kept at his disposal.

If no reply is received to this notification prior to expiry of the third month, the public or ministerial officer, or the person authorised on a permanent or casual basis to conduct voluntary sales of moveables at public auctions, shall be released, after that time limit, from all liability on payment of the levied amount to the vendor.

The amount of the notification cost, which may not exceed one franc, shall be deducted from the amount of the monies paid to the artist or to the vendor.

Article R122-8

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 2001-650 of 19 July 2001 art. 68 Official Journal of 21 July 2001 in force on 1 October 2001)

The public or ministerial officer, or the person authorised on a permanent or casual basis to conduct voluntary sales of moveables at public auctions, who has paid into the hands of the vendor the amount levied and not claimed shall be required, on a simple request by the concerned parties, to communicate the amount of such money and the name, capacity and address of the vendor concerned, against whom those parties shall retain any statutory remedies.

Article R122-9

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 2001-650 of 19 July 2001 art. 68 Official Journal of 21 July 2001 in force on 1 October 2001)

If the public or ministerial officer, or the person authorised on a permanent or casual basis to conduct voluntary sales of moveables at public auctions, who has made the levy prescribed by Article L122-8 receives an opposition or a regular defense against payment before any payment is made to the concerned party of the resulting amount, that amount shall be paid, on expiry of the three-month period under Article R122-7, to the Deposit and Consignment Office for remittance to the entitled party.

Article R122-10

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 2001-650 of 19 July 2001 art. 68 Official Journal of 21 July 2001 in force on 1 October 2001)

The public or ministerial officers, or the person authorised on a permanent or casual basis to conduct voluntary sales of moveables at public auctions, shall keep a special register for the application of Article L122-8. The register, of which the pages shall be numbered and which shall be initialled on the first and last pages, shall include in the order of each public sale a summary description of the work of art, the selling price, the name of the artist for whom the resale royalty has been levied, the name and address of the vendor. The register may be replaced by a receipt register of which one of the slips shall constitute the notification referred to in Article R122-7 and of which the stub shall meet the requirements of this Article.

Article R122-11

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Artists of foreign nationality, their heirs and cessionaries shall enjoy resale right in the same circumstances and under the same conditions as French artists if their national legislation affords enjoyment of this right to French artists, but only during that time for which the artists are allowed to exercise the right in the country concerned.

However, artists of foreign nationality who, during their artistic career, have participated in French art life and who have had their place of residence in France for at least five years, even if not consecutive, may enjoy, without the requirement of reciprocity, the rights laid down in Article R. 122-2.

The successors in title of such artists shall enjoy the same faculty. The artists concerned or their successors in title shall submit a request to the Minister responsible for culture who shall take a decision after having heard the opinion of a commission of which the composition and conditions of operation shall be laid down by an order issued by the Minister.

Article R122-12

(inserted by Decree No. 97-1316 of 23 december 1997 art. 1 Official Journal of 31 December 1997)

For the purposes of the application of the provisions if item (d) of subparagraph 3 of Article L. 122-5, the catalogue of a sale of works of graphic or three-dimensional art means copies of a list, whether illustrated or not, distributed prior to a sale at public auction, which, in order to inform potential purchasers, describes the works that will be disposed of in the course of the sale, and also the rules for the conduct of the said sale, which copies are made available free of charge or at cost price to all persons requesting them of the public or ministerial officer conducting the sale.

Section 4: Commission Contracts for Advertising

Article R132-1

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Committee referred to in Article L. 132-32 shall meet either in plenary composition or in compositions specialized in one or more advertising modes. Each such composition shall be chaired by the Chairman of the Committee and shall comprise an equal number of representatives of the advertising writers and of representatives of the advertising producers.

Article R132-2

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Committee shall comprise 12 representatives of the organizations representing the advertising writers and 12 representatives of the organizations representing the advertising producers, designated in accordance with the first paragraph of Article L. 132-33.

One alternate shall be designated, in the same manner, for each full representative of the organizations representing the advertising writers and the advertising producers. The alternate members of the Committee shall not attend its sessions and shall not participate in its discussions save for the absence of the full representative for whom they are the alternate.

Article R132-3

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Chairman and members of the Committee shall be designated for three years. Vacancies occurring during their term of office shall be filled by designation for the remainder of the current term.

Article R132-4

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Chairman shall convene and set the agenda for the Committee and its specialized compositions.

Convocations shall be ex officio where requested, with a specific agenda, either by the Minister responsible for culture or by one third of the members of the Committee.

Article R132-5

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The deliberations of the Committee and its specialized compositions shall be valid only if three quarters of the members or their regular alternates are present. Where this quorum is not achieved, the Committee shall be reconvened within eight days; it may then deliberate whatever the number of members present.

Article R132-6

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The members of the Committee shall be under an obligation of discretion with regard to the elements, documents and information of which they obtain knowledge.

Article R132-7

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The secretariat of the Committee shall be provided by the services of the Minister responsible for culture.

The sessions of the Committee shall not be public. However, the Committee may hear any person as it deems useful.

The Committee shall establish its rules of procedure.

The decisions of the Committee shall be published in the Official Journal of the French Republic at the initiative of the Minister responsible for culture.

Section 5: Pledging the Software Exploitation Right

Article R132-8

(inserted by Decree No. 96-103 of 2 February 1996 art. 2 Official Journal of 9 February 1996)

Pledges in respect of the software exploitation right shall be entered in the Special National Register of Software kept by the National Institute of Industrial Property.

The entry shall contain for each computer program:

1°. The identity of the holder of the right referred to in Article L. 122-6 and of the pledgee, together with any changes concerning the their surnames, forenames, business names, legal form, domicile or headquarters;

2°. A statement of the elements enabling the computer program to be identified, such as name, make, designation of the source code, operating documents and updates, together with any other characteristics of the program and, where appropriate, the reference of any deposit;

3°. The deed establishing the pledge on all or a part of the software exploitation right;

4°. The acts modifying ownership or enjoyment of the exploitation right;

5°. The acts modifying the rights of the pledger;

6°. Court actions and final court decisions where they concern the rights that are the subject matter of the pledge;

7°. Corrections of material errors affecting the entries.

Article R132-9

(inserted by Decree No. 96-103 of 2 February 1996 art. 2 Official Journal of 9 February 1996)

The request for entry shall be submitted by one of the parties to the pledge or by a representative having powers of attorney. Unless otherwise provided, such powers shall extend to the requests for entry referred to in Articles R. 132-10 to R. 132-13 and R. 132-15, to the receipt of the notifications referred to in Article R. 132-14 and to the request for cancellation referred to in Article R. 132-16.

Article R132-10

(inserted by Decree No. 96-103 of 2 February 1996 art. 2 Official Journal of 9 February 1996)

The request for entry of a pledge shall be effected by filing a memorandum whose form shall be determined by decision of the Director General of the National Institute of Industrial Property.

The memorandum shall contain the following particulars:

1°. The surnames, forenames, domicile or business names, legal form and headquarters of the creditor and the debtor;

2°. The designation of the software by means of its name, mark, with a precise statement of all the elements that identify and characterize it, such as the designation of the source code, the operating documents and the updates together with, where appropriate, any references to a deposit of the software;

3°. The nature and date of the deed of pledge;

4°. The amount of the debt covered by the deed, its exigibility, the conditions relating to interest and the accessory costs.

This memorandum shall be accompanied by:

— one original of the deed of pledge;

— one reproduction of the above-mentioned deed if the requester wishes the original or the authentic copy to be returned to him;

— proof of payment of the prescribed fee;

— where appropriate, the powers of the representative.

Article R132-11

(inserted by Decree No. 96-103 of 2 February 1996 art. 2 Official Journal of 9 February 1996)

Any acts modifying or canceling the published rights of the debtor and of the creditor, such as, in particular, transfer, assignment of an exploitation right, transfer of the pledge or renunciation thereof, together with court actions and final court decisions relating to the rights, shall be entered at the request of one of the parties to the act.

The request shall contain:

1°. A memorandum requesting entry whose form shall be determined by decision of the Director General of the National Institute of Industrial Property;

2°. One of the originals of the private deed or, as appropriate, an authentic copy of the deed or of the act instituting proceedings;

3°. A copy of the above-mentioned deed where the requester wishes the original or the authentic copy to be returned to him;

4°. Proof of payment of the prescribed fee;

5°. Where appropriate, the powers of the representative.

Article R132-12

(inserted by Decree No. 96-103 of 2 February 1996 art. 2 Official Journal of 9 February 1996)

Any change in the surnames, forenames or domicile of the natural persons or any change in the business names, legal form or headquarters of the legal persons shall be entered at the request of any person concerned.

The request shall contain:

1°. A memorandum requesting entry whose form shall be determined by a decision of the Director General of the National Institute of Industrial Property;

2°. Any document required to ascertain the changes or modifications in the civil status or domicile of natural persons or the name, legal status and headquarters of legal persons;

3°. Proof of payment of the prescribed fee;

4°. Where appropriate, the powers of the representative.

Article R132-13

(inserted by Decree No. 96-103 of 2 February 1996 art. 2 Official Journal of 9 February 1996)

Requests for correction of material errors in acts already published in the Register may be submitted by any party to the acts concerned in accordance with the procedure under Article R. 132-12. They shall be accompanied by all the necessary documents.

Article R132-14

(inserted by Decree No. 96-103 of 2 February 1996 art. 2 Official Journal of 9 February 1996)

If a request for entry is not in conformity, a reasoned notification shall be made to the requester. He shall be given a period of two months to regularize his request or to submit observations. Failing regularization or the submission of observations enabling the objection to be lifted, the request shall be rejected by a decision of the Director General of the National Institute of industrial Property.

The notification may be accompanied by a proposal for regularization. In such case, the proposal shall be deemed accepted if the requester does not contest it within the two-month period afforded to him.(inserted by Decree No. 96-103 of 2 February 1996 art. 2 Official Journal of 9 February 1996)

Article R132-15

(inserted by Decree No. 96-103 of 2 February 1996 art. 2 Official Journal of 9 February 1996)

An entry shall cease to have effect if it is not renewed under the procedure set out in Article R. 132-10 prior to expiry of a period of five years computed from the date of entry of the pledge.

Article R132-16

(inserted by Decree No. 96-103 of 2 February 1996 art. 2 Official Journal of 9 February 1996)

Cancellation of an entry may be requested by the creditor or the debtor by furnishing proof of the extinction of the pledged debt or by producing the act giving release from the entry.

Cancellation may also be effected as a result of a final court decision.

Article R132-17

(inserted by Decree No. 96-103 of 2 February 1996 art. 2 Official Journal of 9 February 1996)

All entries made in the Special National Register of Software shall be notified in the Official Bulletin of Industrial Property.

Any person concerned may obtain from the Institute:

a)A reproduction of the entries in the Register;

b)A certificate attesting to the fact that there is no entry.

Chapter II: Rights of Performers

Article R212-1

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Committee referred to in Article L. 212-9 shall meet either in plenary composition or in compositions specialized in one or more sectors of activity. Each such composition shall be chaired by the Chairman of the Committee and shall comprise an equal number of representatives of the employees and representatives of the employers.

Article R212-2

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Committee shall comprise 12 representatives of the employees' organizations and 12 representatives of the employers' organizations. The organizations called upon to designate representatives and the number of representatives of each such organization shall be laid down by an order issued by the Minister responsible for culture.

One alternate shall be designated, in the same manner, for each of the full representatives of the employees' and employers' organizations. The alternate members of the Committee shall not attend its sessions and shall not participate in its discussions save for the absence of the full representative for whom they are the alternate.

Article R212-3

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Chairman and members of the Committee shall be designated for three years. Vacancies occurring during their term of office shall be filled by designation for the remainder of the current term.

Article R212-4

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Chairman shall convene and set the agenda for the Committee and its specialized compositions.

Convocations shall be ex officio where requested, with a specific agenda, either by the Minister responsible for culture or by one third of the members of the Committee.

Article R212-5

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Article R212-6

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The members of the Committee shall be under an obligation of discretion with regard to the elements, documents and information of which they obtain knowledge.

Article R212-7

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The secretariat of the Committee shall be provided by the services of the Minister responsible for culture.

The sessions of the Committee shall not be public. However, the Committee may hear any person as it deems useful.

The Committee shall establish its rules of procedure.

The decisions on the Committee shall be published in the Official Journal of the French Republic on the initiative of the Minister responsible for culture.

Chapter IV: Provisions Common to Performers and Phonogram Producers

Article R214-1

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Committee referred to in Article L. 214-4 shall meet in either plenary composition or in compositions specialized in one or more sectors of activity. Each such composition shall be chaired by the Chairman of the Committee and shall comprise an equal number of representatives of the beneficiaries of the right to remuneration and the representatives of the users of phonograms.

Article R214-2

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Committee shall comprise 12 representatives of the organizations of beneficiaries of the right to remuneration and 12 representatives of the organizations of users of phonograms designated in accordance with the second paragraph of Article L. 214-4.

One alternate shall be designated, in the same manner, for each of the full representatives of the organizations of beneficiaries of the right to remuneration and of the users of phonograms. The alternate members of the Committee shall not attend its sessions and shall not participate in its discussions save for the absence of the full representative for whom they are the alternate.

Article R214-3

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Chairman and members of the Committee shall be designated for three years. Any vacancies occurring during their term of office shall be filled by designation for the remainder of the current term.

Article R214-4

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Chairman shall convene and set the agenda for the Committee and its specialized compositions.

Convocations shall be ex officio where requested, with a specific agenda, either by the Minister responsible for culture or by one third of the members of the Committee.

Article R214-5

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The deliberations of the Committee and its specialized compositions shall be valid only if three quarters of the members or their regular alternates are present. Where the quorum is not achieved, the Committee shall be reconvened within eight days; it may then deliberate whatever the number of members present.

Article R214-6

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The members of the Committee shall be under an obligation of discretion with regard to the elements, documents and information of which they obtain knowledge.

Article R214-7

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The secretariat of the Committee shall be provided by the services of the Minister responsible for culture.

The sessions of the Committee shall not be public. However, the Committee may hear any person as it deems useful.

The Committee shall establish its rules of procedure.

The decisions of the Committee shall be published in the Official Journal of the French Republic on the initiative of the Minister responsible for culture.

Sole Chapter

Article R311-1

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Committee referred to in Article L. 311-5 shall meet in either plenary composition or in either of two compositions specialized, in the first case, in phonograms, and in the second case, in videograms. Each of these compositions shall be chaired by the Chairman of the Committee and shall comprise, for one half, the representatives of the beneficiaries of the right to remuneration, for one quarter, the representatives of the manufacturers or importers or of persons who effect intracommunity acquisition of mediums and, for one quarter, of representative of the consumers.

Article R311-2

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The representative of the State, Chairman of the Committee, shall be appointed by order of the Minister responsible for culture.

The Committee shall further comprise 24 members representing the categories referred to in the first paragraph of Article L. 311-5 and designated as provided in the second paragraph of the aforementioned Article.

One alternate shall be designated, in the same manner, for each of the full members. The alternate members shall not attend the sessions and shall not participate in the deliberations save in the absence of the full representative for whom they are the alternate.

Article R311-3

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Chairman and the members of the Committee shall be designated for three years. Any vacancies occurring during the term of office shall be filled by designation for the remainder of the current term.

Article R311-4

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Chairman shall convene and set the agenda for the Committee and its specialized compositions.

Convocation shall be ex officio where requested, with a specific agenda, by either the Minister responsible for culture or by one third of the members of the Committee.

Article R311-5

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The deliberations of the Committee and its specialized compositions shall be valid only if three quarters of the members or their regular alternates are present.

If the quorum is not achieved, the Committee shall be reconvened within eight days; it may then deliberate whatever the number of members present.

Article R311-6

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The members of the Committee shall be under an obligation of discretion with regard to the elements, documents and information of which they obtain knowledge.

Article R311-7

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The secretariat of the Committee shall be provided by the services of the Minister responsible for culture.

The sessions of the Committee shall not be public. However, the Committee may hear any person as it deems useful.

The Committee shall establish its rules of procedure.

The decisions of the Committee shall be published in the Official Journal of the French Republic at the initiative of the Minister responsible for culture.

Chapter I: General Provisions

Article R321-1

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 95-406 of 14 April 1995 art. 1, art. 2 Official Journal of 19 April 1995)

The file addressed to the Minister responsible for culture pursuant to Article L. 321-3 shall include the draft statutes and general regulations and all documents proving the professional qualifications of the founders, the human, material or financial means that the society intends to use for the effective collection of royalties and for the exploitation of their repertoire.

The file shall be communicated by registered mail with notification of receipt.

Article R321-2

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 95-406 of 14 April 1995 art. 1, art. 2 Official Journal of 19 April 1995)

(Decree No. 2001-334 of 17 April 2001 art. 1 I Official Journal of 18 April 2001)

Members may at all times request communication from the society of:

1°. The list of the society's representatives;

2°. A table tracing back over a period of five years the annual amounts collected and distributed as well as withholdings on the basis of management costs and other withholdings;

3°. A document describing the distribution rules applicable;

4°. The aggregate royalties owed to them over the course of the last twelve months, as a result of contracts concluded with users, and the manner in which this aggregate amount was calculated.

Article R321-3

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 95-406 of 14 April 1995 art. 1, art. 2 Official Journal of 19 April 1995)

(Decree No. 2001-334 of 17 April 2001 art. 2 Official Journal of 18 April 2001)

The members of the royalty collection and distribution societies may be convened by registered mail or by a notice published in at least two nationally distributed newspapers that are empowered to publish statutory notifications in the department in which the society has its registered offices and which are laid down in their statutes. Members shall be informed by any suitable means should there be any modification to the list of newspapers prior to the updating of statutes. Members are informed, by any suitable means, of any changes to the list of these newspapers made prior to the updating of the statutes.

In addition to the particulars referred to in the first paragraph of Article 40 of Decree No. 78-704 of July 3, 1978, the notification shall state the date and venue for the meeting; such notification shall be published 15 days at least before the date of the general meeting.

Where the statutes require certain general meetings to be held subject to specific conditions as to quorum or majority, those conditions shall be mentioned in the notification that convenes the meetings.

Article R321-4

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 95-406 of 14 April 1995 art. 1, art. 2 Official Journal of 19 April 1995)

The date of the general meeting at which account is given, in accordance with Article 1856 of the Civil Code, on the management of the society shall be laid down in the statutes.

If the general meeting cannot be held as laid down in the statutes, the members must be informed thereof at least 15 days beforehand, either by registered letter with notification of receipt or by a notification of postponement published in the manner laid down in Article R. 321-3. The letter or the notification shall give the reasons for the postponement and the date at which the general meeting will be held.

Article R321-5

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 95-406 of 14 April 1995 art. 1, art. 2 Official Journal of 19 April 1995)

Any member may request to be convened individually to general meetings or to certain of them by registered post with notification of receipt.

Where a meeting is convened by notification in the press, the cost of the registered post shall be borne by the party concerned.

Article R321-6

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 95-406 of 14 April 1995 art. 1, art. 2 Official Journal of 19 April 1995)

(Decree No. 2001-334 of 17 April 2001 art. 1 II Official Journal of 18 April 2001)

Before the general meeting to approve the accounts, all members are entitled to examine the books and documents referred to in Article 48 of Decree No. 78-704 of 3 July 1978 on the application of Act No. 78-9 of 4 January 1978 amending Title IX of Book III of the Civil Code, relating to the current financial year. This right must be exercised in the two months prior to the General Meeting, unless a longer period has been stipulated in the company's statutes.

At least fifteen days before the date specified for this meeting, members shall send the company a written request mentioning the documents to which they wish to have access. Within ten days of receipt of the request, the company shall suggest a date for exercising the right of access, which shall occur in the conditions specified in the statutes. The third paragraph of Article 48 of the aforementioned Decree of 3 July 1978 shall be applicable.

The right of access shall be exercised at the headquarters of the company or on the premises of the administrative organisation and shall be subject to the provisions of the final paragraph of Article R321-6-1, which does not give entitlement to a copy of the documents.

Article R321-6-1

(inserted by Decree No. 2001-334 of 17 April 2001 art. 1 III Official Journal of 18 April 2001)

Moreover, members may, during the period specified in the first paragraph of Article R321-6, ask the company to provide them with:

1°. The annual accounts to be submitted to the general meeting, together with the accounts for the previous year, accompanied by the documents referred to in Article R321-8;

2°. The reports of the directors and of the auditors, to be submitted to the meeting;

3°. Where applicable, the text and presentation of the reasons for the proposed resolutions, together with information on the applicants applying for a term of office in the company;

4°. The overall amount, certified correct by the auditors, of the remuneration received by the highest paid individuals, of whom there will be ten or five in number, depending on whether the company has a workforce of under or over two hundred employees;

5°. A list of investments appearing in the accounts at the closure of the financial year, together with the average rate of return on short and medium-term investments over the financial year;

6°. A table mentioning the company in which the company has a holding and the profit and loss account and the balance sheet for each of these companies;

7°. A list of the main user categories, their number and the amount of benefit paid over the year.

8°. A table showing the comparison between the annual accounts as they are generally presented and the tables specified in Article R321-8.

The documents referred to in points 1 to 8 shall be made available over the same period to members at the company headquarters or on the premises of the administration, where the former may examine them or obtain a copy.

Article R321-6-2

(inserted by Decree No. 2001-334 of 17 April 2001 art. 1 III Official Journal of 18 April 2001)

Members' right to information pursuant to Article R. 321-6 shall be ensured subject to compliance with the limits laid down by Article L. 321-5 and the rules laid down by the memorandum of association as regards confidentiality, inter alia as regards business secrets, vis-à-vis third parties. Also, a member may not access personal data concerning staff members of the company.

If required, the personal data excluded from the right of access, shall be concealed.

Documents having a preparatory nature to decision by the society's bodies or relating to a pending lawsuit may not be accessible.

The company may decide not to follow up on repeated or abusive requests.

Article R321-6-3

(inserted by Decree No. 2001-334 of 17 April 2001 art. 1 III Official Journal of 18 April 2001 in force on 1 July 2001)

A member who has received a refusal of communication may refer the matter to a special commission comprising at least five members, elected by the general meeting from those who have no corporate representation status.

The opinions of this commission must be justified. The applicant and the company management bodies will be notified of them.

The commission shall provide the general meeting with an annual report on its activities. This report will be sent to the Minister for Culture and to the Chairman of the Commission, under the terms of Article L321-13.

Article R321-6-4

(inserted by Decree No. 2001-334 of 17 April 2001 art. 1 III Official Journal of 18 April 2001)

For a de iure or de facto manager to refuse to communicate all or part of the documents referred to in Articles R321-2, R321-6 and R321-6-1 shall be sanctioned by the fine provided for 3^rd class offences.

Article R321-7

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 95-406 of 14 April 1995 art. 1, art. 2 Official Journal of 19 April 1995)

Users may obtain knowledge of the repertoire referred to in Article L. 321-7 at the headquarters of the society or, where appropriate, at one of its regional agencies. At their request, they may be given a copy of the repertoire without any further claim on them other than an amount representing the cost of the copy.

Article R321-8

(Decree No. 98-1040 of 18 November 1998 art. 1 Official Journal of 19 November 1998)

(Decree No. 2001-334 of 17 April 2001 art. 1 IV Official Journal of 18 April 2001)

(Decree No. 2001-809 of 6 September 2001 art. 1 Official Journal of 8 September 2001)

Communication of the annual accounts of the royalty collection and distribution companies, provided for under Article R321-6-1 for all members and in application of the first paragraph of Article L321-12, to the Minister for Culture must include:

A. – As regards the financial management of the company:

1. In compliance with the common accounting rules on the reporting of revenue and expenses, a management account in compliance with Annex 1 (NB).

The companies concerned will also be entitled to:

a) Show corporate operations to the profit of the partners, on the one hand, and cultural operations on the other, either in the management account or in a separate account.

b) Show the royalties received in revenue, the amounts to be allocated and the amounts effectively paid in expenses for the financial year in the management account.

2. As management indicators:

a) in compliance with Annex 2, a table showing the allocation of the amounts received per type of remuneration;

b) in compliance with Annex 3, a table showing, per type of remuneration:

- a list of the amounts effectively paid during the financial year for individual allocation;

- the share amounts realised during the financial year actions for collective allocation;

c) in compliance with Annex 4, a table summarising the amounts remaining for individual allocation, per type of remuneration;

d) in compliance with Annex 5, a table showing the list of amounts individually allocated and not yet paid, per year of allocation and per type of remuneration;

e) a table showing the ratio of deductions on royalties to collections for the financial year;

f) a table showing the amount and allocation of financial revenue;

B. – As regards implementation of activities, financing whereof is provided for under Article L321-9:

1. A breakdown of the amounts paid, per activity category, as specified in the first paragraph of Article L321-9, combined with special information on:

- the cost of management of these activities.

- the organisations that have benefited from assistance over three consecutive years.

2. A description of the allocation procedures;

3. A commentary on the policies of the company as regards the former.

4. A list of the conventions referred to in Article R321-10.

C. Annual information on any action taken to defend the social categories affected by their corporate purpose.

N.B. annexes not reproduced, please refer to the Official Journal of 19 November 1998.

Article R321-9

(Decree No. 98-1040 of 18 November 1998 art. 1 Official Journal of 19 November 1998)

(Decree No. 2001-809 of 6 September 2001 art. 2 Official Journal of 8 September 2001)

I. – The assistance for creation referred to in Article L321-9 refers to assistance provided:

a) for the creation of a work, its performance, the first fixing of a work or interpretation on a phonogram or videogram;

b) for defence, promotion and information campaigns to support creators and their works;

II. – Assistance in the distribution of a live show as referred to in Article L321-9 shall mean assistance provided for:

a) Events presenting a live show as a main or back-up act;

b) Campaigns that will ensure the distribution of the works and artistic services of a live show.

III. – Assistance with the training of artists, as referred to in Article L321-9, refers to assistance provided for the training of authors and artists-performers.

Article R321-10

(inserted by Decree No. 2001-809 of 6 September 2001 art. 3 Official Journal of 8 September 2001)

Any assistance granted by a royalty collection and distribution society pursuant to article L321-9 is the subject of an agreement between the company and the beneficiary. This agreement provides for the conditions of use of the aid granted, together with the conditions in which the beneficiary shall inform the company of the elements which can be used to give proof that said assistance is used in accordance with its destination.

Chapter II: Approved Societies for the Administration of Reprographic Reproduction Rights

Article R322-1

(inserted by Decree No. 95-406 of 14 April 1995 art. 1, art. 2 Official Journal of 19 April 1995)

A society governed by Title II of Book III may be approved under Article L. 122-10 if it satisfies the following conditions:

1°. Provide evidence of the diversity of the partners with respect to the categories and number of entitled persons, of its economic importance expressed in revenue or turnover and the diversity of editorial types of works. Such diversity should be expressed in the composition of its deliberative and executive organs;

2°. Provide proof, by any documentary means, of the qualification of its executives and representatives:

a)Their capacity as authors;

b)Or the type and level of their diplomas;

c)Or their professional experience in the field of publication or of the management of professional bodies;

3°. Provide all information concerning its administrative organization and the conditions of its installation and equipment. This information should concern the collection of data on reprographic practice, the collection of remuneration, the processing of the date required for distribution of the remuneration collected, the finance plan and the budget forecast for the three financial years following the request for approval;

4°. Provide in its statutes, its general regulations and in the model instruments binding each of the members, rules that guarantee the equitable nature of the conditions laid down for distribution of the remuneration to the authors and publishers.

Article R322-2

(inserted by Decree No. 95-406 of 14 April 1995 art. 1, art. 2 Official Journal of 19 April 1995)

The request for approval, accompanied by a file drawn up in accordance with Article R. 322-1, shall be transmitted by registered letter to the Minister responsible for culture who shall issue a receipt. If the file is not complete, the Minister responsible for culture shall request by registered letter a supplementary file to be submitted in the same form within a period of one month as from the receipt of the letter.

Approval shall be given by order of the Minister responsible for culture, published in the Official Journal of the French Republic.

Approval shall be given for five years. It may be renewed subject to the same conditions as the initial approval.

Approval may be withdrawn if a society fails to satisfy one of the conditions laid down in Article R. 322-1 following service of notice or notification of the defects. The holder of approval shall have a one-month period to submit his observations. Withdrawal shall be pronounced by order of the Minister responsible for culture, published in the Official Journal of the French Republic.

Article R322-3

(inserted by Decree No. 95-406 of 14 April 1995 art. 1, art. 2 Official Journal of 19 April 1995)

Any change in the memorandum of association or in the general rules, any termination of the functions of a member of the executive and deliberative bodies of an approved company shall be communicated to the Minister responsible for culture within a period of fifteen days as from the corresponding decision. Failure to make a declaration may lead to the withdrawal of approval.

Article R322-4

(inserted by Decree No. 95-406 of 14 April 1995 art. 1, art. 2 Official Journal of 19 April 1995)

If, on the date of publication of a work, the author or his successor in title has not designated an approved royalty collection and distribution society, the society that has the largest number of administered works, determined in accordance with relevant professional usage, shall be deemed to represent the reprographic reproduction right.

The Minister responsible for culture shall designate each year one or more societies that fulfill the conditions set out in the preceding paragraph.

Chapter III : Approved Societies for the administration of the right to authorise retransmission by cable, simultaneous, in full and without change, on the national territory from a member State of the European Community.

Article R323-1

(inserted by Decree No. 98-1041 of 18 November 1998 art. 1 Official Journal of 19 November 1998)

A company governed by Title II of Book III may be approved under I of Article L132-2 and Article L217-2 if it satisfies the following conditions:

1°. Provide proof of the effective administration of the right to authorise retransmission by cable, with respect to the number of entitled persons, of its economic importance expressed in revenue or turnover;

2°. Provide proof, by any documentary means, of the qualification of its

executives and representatives:

a) the type and level of their degrees;

b) or their experience in the management of professional bodies;

3°. Provide all information concerning:

a) The administrative structure and the conditions of installation and equipment.

b) Payments received or awaited on the occasion of the retransmission by cable, simultaneous, in full and without change, within national territory, from a member State of the European Community and the data required for their distribution;

4°. Communicate :

a) Copy of agreements made with third parties concerning the retransmission by cable, simultaneous, in full and without change, within national territory, from a member State of the European Community;

b) Failing which, a copy of the agreements made with foreign professional organisations in charge of royalty collection and distribution.

Article R323-2

(inserted by Decree No. 98-1041 of 18 November 1998 art. 1 Official Journal of 19 November 1998)

The request for approval, accompanied by a file drawn up in accordance with Article R. 323-1, shall be transmitted by registered letter to the Minister responsible for culture who shall issue a receipt. If the file is not complete, the Minister responsible for culture shall request by registered letter a supplementary file to be submitted in the same form within a period of one month as from the receipt of the letter.

Approval shall be given by order of the Minister responsible for culture, published in the Official Journal of the French Republic.

Approval shall be given for five years. It may be renewed subject to the same conditions as the initial approval.

If a society should fail to satisfy one of the conditions laid down in Article R. 323-1, notification is sent by registered letter with acknowledgement of receipt. The holder of the approval shall have a one-month period to submit his observations. Failing regularisation of the situation, the approval may be withdrawn by order of the Minister responsible for culture, published in the Official Journal of the French Republic.

Article R. 323-3

(inserted by Decree no. 98-1041 of 18 November 1998 art. 1, Journal Officiel of 19 November 1998)

Article R323-4

(inserted by Decree No. 98-1041 of 18 November 1998 art. 1 Official Journal of 19 November 1998)

The list of companies that benefit from the approval is published each year by the Minister responsible for culture.

Article R323-5

(inserted by Decree No.98-1041 of 18 November 1998 art. 1 Official Journal of 19 November 1998)

The designation provided for in the second paragraph of I of article L.132-20-1 and of the second paragraph of I of the article L.217-2 made by registered post with acknowledgement of receipt addressed to a royalty collection and distribution company.

Withdrawal can be effected in terms of the conditions provided for by the articles of the company.

Chapter IV: The mediators commissioned with carrying out the resolution of disputes related to concession of authorisation of retransmission by cable, simultaneous, complete and without alteration, in the territory of a member state of the European Union.

Article R324-1

(inserted by Decree No. 98-1042 of 18 November 1998 art. 1 Official Journal of 19 November 1998)

For the application of articles L.132-20-2 and L.217-3, a list of 20 mediators is established by the Minister responsible for Culture on the proposal of royalty collection and distribution companies approved and included in the list mentioned in article R.323-4, representatives of professional broadcasting organizations and representatives of organizations of beneficiaries with the right to permit the retransmission by cable.

The Minister responsible for Culture decrees the list of professional organizations mentioned in the preceding paragraph.

The list of mediators is published in the official Journal of the Republic of France.

Article R324-2

(inserted by Decree No. 98-1042 of 18 November 1998 art. 1 Official Journal of 19 November 1998).

The mediators must fulfil the following criteria :

1. Enjoy full civil and political capacity ;

2. Not have carried out acts contrary to honour, integrity and good morals attracting punitive disciplinary or administrative measures ;

3. Possess the qualifications necessary for the resolution of the disputes brought before him ;

4. Be able to present the guarantees of impartiality necessary in the exercise of mediation and notably, not be a member, director, agent of employee of a company or organisation mentioned in article 324.1.

Article R324-3

(inserted by Decree No. 98-1042 of 18 November 1998 art. 1 Official Journal of 19 November 1998)

The mediators are appointed for a renewable 3-year term.

Article R324-4

(inserted by Decree No. 98-1042 of 18 November 1998 art. 1 Official Journal of 19 November 1998)

A mediator may request his removal from the list provided for in article R.324.1 by registered letter with acknowledgement of receipt addressed to the Minister responsible for Culture.

His replacement is provided for in the conditions fixed in article R324-1.

Article R324-5

(inserted by Decree No. 98-1042 of 18 November 1998 art. 1 Official Journal of 19 November 1998)

The mediator may be called upon, at the joint request of the parties by registered letter with acknowledgement of receipt outlining the points around which their dispute has arisen.

Article R324-6

(inserted by Decree No. 98-1042 of 18 November 1998 art. 1 Official Journal of 19 November 1998)

The mediator may also be called upon by one of the parties. He makes this request by registered letter with acknowledgement of receipt within a period of eight days, the other parties have a period of one month within which to make known their position by registered letter with acknowledgement of receipt and, in the event of disagreement over the choice of mediator, propose another mediator.

When the choice of mediator is settled by all the parties the mediator informs the parties by registered mail with acknowledgement of receipt.

Article R324-7

(inserted by Decree No. 98-1042 of 18 November 1998 art. 1 Official Journal of 19 November 1998)

The duration of the mediation shall not exceed three months running from the date of receipt of the joint request or the date of the last acknowledgement of receipt in the case provided for in terms of the last paragraph of the preceding article.

The mediation may be renewed once for the same duration at the request of the mediator with the agreement of the parties.

Article R324-8

(inserted by Decree No. 98-1042 of 18 November 1998 art. 1 Official Journal of 19 November 1998)

The mediator will inform the parties of the total amount of his fees. The charge of such fees shall be shared equally by the parties.

Article R324-9

(inserted by Decree No. 98-1042 of 18 November 1998 art. 1 Official Journal of 19 November 1998)

The mediator invites the parties to hear the proceedings from the beginning of the mediation.

He requests that the parties furnish him with all accurate facts he deems necessary and can interview all persons he deems usefully contribute to the proceedings. The parties may be assisted by a lawyer or by anyone of their choice who has been approved by the mediator. Only those invited by the mediator to participate shall be admitted.

The mediator shall retain no fact, grievance, element of information or proof without notifying the parties concerned in conditions allowing the latter to question their legitimacy.

Article R324-10

(inserted by Decree No. 98-1042 of 18 November 1998 art. I official Journal of 19 November 1998)

The mediator is duty-bound to keep confidential the business brought to his attention.

Investigations carried out by the mediator and his findings cannot be produced or called for within the framework of another procedure of mediation, arbitration or judicial proceedings without the consent of the parties.

Article R324-11

(inserted by Decree No. 98-1042 of 18 November 1998 art. 1 Official Journal of 19 November 1998)

At the time the mediator establishes an agreement between the parties, he shall draft minutes outlining the measures to be taken and setting a timeframe for their execution. He addresses copies of these minutes to the parties by registered letter with acknowledgement of receipt within 10 days.

Article R324-12

(inserted by Decree No.98-1042 of 18 November 1998 art. 1 Official Journal of 19 November 1998)

If, at the end of the time limit provided for in article R.324-7, no agreement has been reached between the parties, the mediator may, by registered letter with acknowledgement of receipt, put forward recommendations to the parties, proposing a solution which he judges appropriate and just to all parties to the dispute.

Failure to have expressed their opposition in writing to the mediator within 3 months from the date of receipt of his proposal will result in the parties being deemed to have accepted such proposal.

Chapter V: Standing committee on the control of royalty collection and distribution companies

Article R325-1

(inserted by Decree No. 2001-334 of 17 April 2001 art. 3 Official Journal of 18 April 2001)

The Standing Commission on the control of royalty collection and distribution companies instituted by article L.321-13 is called at the summoning of its chairman.

It can validly deliberate in the presence of a quorum of three of its members. These deliberations will be adopted by the majority of members present, the chairman having the casting vote in the event of a deadlock. The reporter who was appointed in terms of the last paragraph of I of article L.321-13 attends to the deliberations.

The Commission can hear the directors of royalty collection and distribution companies, their affiliates and organizations controlled by such companies and those persons who, in the opinion of the chairman, is considered useful.

The Commission undertakes to take all measures to protect the secrecy of these inspections.

Article R325-2

(inserted by Decree No. 2001-334 of 17 April 2001 art.3 Official Journal of 18 April 2001)

The Commission fixes its annual work programme as recommended by the chairman.

The decision to an inspection is notified by registered letter to the company or organization who has raised the objection.

The request for documents and information is addressed, to the company or the organization supervised, by a letter setting a time frame within which to respond to it. This period may not be for a period of less than thirty days.

Inspection is subject to prior written notification.

Article R325-3

(inserted by Decree No. 2001-334 of 17 April 2001 art.3 Official Journal of 18 April 2001)

The provisional report of inspection, established by the reporter and adopted by the Commission, is communicated by the Chairman to the inspected company or organisation, which has thirty days in order to put forward its observations or asks that its representatives be heard by the Commission.

The final verification report is adopted by the Commission after examination of the observations of the company or organization under investigation and, if needs be, after examination of the representatives. The observations of the company organization are annexed to the report. This report is addressed to the company or organization. It is also sent to the Minister responsible for Culture.

Article 325-4

(inserted by Decree No. 2001-334 of 17 April 2001 art.3 Official Journal of 18 April 2001)

The annual report provided for in III of article L.321-13 is established on the basis of verification of facts by the Commission at the instance of its investigations.

The observations of the Commission putting in issue a company or organization communicated with earlier. The company or organization has a period of thirty days within which to put forward its observations or ask that its representatives be heard by the Commission. The observations of the company or organization are annexed to the report.

Chapter I: General Provisions

Article R331-1

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The agents designated by the National Center for Cinematography, by the professional bodies of authors and by the societies referred to in Title II of this Book shall be required, after having been approved by the Minister responsible for culture, to take an oath before the judge of the first instance court of their place of residence. The formulation of the oath shall be as follows: “I swear to carry out my duties correctly and faithfully and to neither reveal nor use anything of which I may obtain knowledge during the exercise of my duties.”

Chapter V: Penal Provisions

Article R335-1

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The request for withholding of goods by the customs administration referred to in Article L. 335-10 shall include:

1°. The surname and forenames or the company name of the requester, his place of residence or of business;

2°. Where appropriate, the name and address of a representative and proof of his powers;

3°. The capacity of the requester with respect to the rights that he wishes to assert, attested to by any means;

4°. All elements that will permit the infringing work or service to be identified;

5°. A description of the allegedly infringing goods for which withholding is requested.

The request may be made prior to entry of the allegedly infringing goods onto the French territory. In such case it shall be valid for one year and may be renewed.

The conditions for submitting the request shall be detailed in an order issued by the Minister responsible for the budget.

Article R335-2

(inserted by Decree No. 96-103 of 2 February 1996 art. 2 Official Journal of 9 February 1996)

Any publication or user's handbook concerning means of removing or circumventing any technical device protecting software, which does not bear a notice in clear characters that the unlawful use of such means is liable to the penalties laid down for cases of infringement shall incur the penalties laid down for offenses of the third class.

Section 1: Organization of the National Institute of Industrial Property

Article R411-1

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The National Institute of Industrial Property shall have the following duties, in particular:

1°. Examination of patent applications and the grant of patents and the issue of any relevant documents;

2°. Registration and publication of trademarks and service marks;

3°. Issue of certificates of identity and the provision of information concerning anticipations with respect to trademarks and service marks;

4°. Centralization and keeping of the deposits of industrial designs, and their publication;

5°. Registration and keeping of deposits of dual envelopes intended to facilitate proof of the creation of industrial designs;

6°. Keeping of registers of patents, of trademarks and of industrial designs, entry of all acts affecting the ownership of patents, trademarks or service marks and industrial designs;

7°. Implementation of the provisions contained in the laws and regulations concerning temporary protection of industrial property at exhibitions, concerning industrial awards and concerning marks of origin;

8°. Implementation of the international agreements with respect to industrial property, particularly administrative relations with the International Bureau for the Protection of Industrial Property in Berne and the International Patent Institute in The Hague;

9°. Keeping the National Register of Commerce and Companies and the Central Directory of Trades;

10°. Keeping the filings of instruments that establish companies and the modifications thereto filed with the registrars of the commercial courts and the civil courts that act in their stead;

11. Centralization of the information given in the registers of commerce and trades and the official bulletins of those registers;

12. Centralization, keeping and availability to the public of all technical and legal documentation concerning industrial property;

13. Administration of the Official Bulletin of Industrial Property.

In order to exploit its documentary holdings, the Institute may set up databases, where appropriate, in conjunction with other files or registers. It may, for that purpose, set up subsidiary firms or enter into financial participation.

Article R411-2

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Director General of the National Institute of Industrial Property shall represent the Institute in all civil acts.

The staff of the Institute shall be under his orders.

He shall take all measures necessary for the operation of the Institute.

He shall prepare and implement the budget. He shall establish the receipt titles. He shall commit, liquidate and order expenditure within the limit of the budget appropriations.

He may delegate certain of his tasks to one or more agents of the Institute, designated by him.

He may receive delegation of signature from the Minister responsible for industrial property in order to exercise the duties placed upon the latter in the fields of industrial property and of rights related to industrial property, of the National Register of Commerce and Companies and of the Central Directory of Trades.

Article R411-3

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 97-845 of 10 September 1997 art. 1 Official Journal of 17 September 1997)

The Administrative Council shall comprise 12 members:

1. A member of the Conseil d'Etat or of the Court of Audit, as Chairman, appointed for three years by order of the Minister responsible for industrial property;

2. The Chairman of the Industrial Property Council or a member of that Council designated by him;

3. The Director of Civil Affairs and of the Seal of the Ministry of Justice or his permanent representative;

4. The Director of the Budget of the Ministry of the Economy, Finance and the Budget or his permanent representative;

5. The Director of Public Accounting of the Ministry of the Economy,

Finance and the Budget or his permanent representative;

6. Two representatives of the Minister responsible for industrial property, including the Director of General Administration;

7. The Director General of the National Research Development Agency;

8. The Chairman of the National Society of Industrial Property Agents;

9. One representative of the industrial circles concerned by industrial

protection, designated by the Minister responsible for industrial property for a renewable period of three years;

10. Two representatives of the serving staff of the establishment, elected in accordance with the conditions laid down by order of the Minister responsible for industrial property.

The functions of member of the Administrative Council shall not be remunerated. They shall give entitlement to the travel and subsistence allowances laid down in Decree No. 90-437 of 28 May 1990.

The Director General, the State Controller and the accounting agent shall attend sessions of the Administrative Council in a consultative capacity.

The Chairman may call upon any person whose presence he deems useful to attend sessions in a consultative capacity.

The Secretariat of the Administrative Council shall be provided by an agent of the Institute designated for that purpose by the Director General.

Article R411-4

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Administrative Council shall give opinions on matters entered on its agenda by the Director General of the National Institute of Industrial Property.

It shall be consulted by obligation on the budget drafts and, in general, on all draft decisions to be submitted for the approval of the Ministers concerned or the Ministers responsible for the financial control of the establishment.

The Administrative Council shall be required to give its opinion on the matters that are obligatorily submitted to it within one month as from the date on which the Chairman has been seized thereof. On expiry of that time limit, the Director General may, if the urgency of the matter so requires, submit the draft decisions directly for the approval of the Ministers referred to in the preceding paragraph.

Article R411-5

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Administrative Council shall meet, in principle, once during each quarter. It shall be convened by its Chairman.

Its deliberations shall be valid only if at least seven of its members attend the session.

If the quorum is not achieved, a new convocation shall be addressed to the members. The Council shall deliberate validly in such case whatever the number of members present.

In the event of equally divided voting, the Chairman shall have a casting vote.

Article R411-6

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The numbers of contractual staff belonging to the Institute shall be laid down each year within the limits of the budget appropriations for that establishment.

The status of the staff shall be laid down by decree.

Article R411-7

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The accounting agent shall be appointed, and if necessary, replaced or revoked, by order of the Minister concerned and of the Minister responsible for finance. His remuneration shall be laid down in the same manner.

He shall be placed under the authority of the Director General. However, he shall be personally and monetarily responsible for the acts of his administration and shall receive from the Minister responsible for finance directives concerning execution of the financial part of his service.

He shall be required, prior to his installation, to take oath before the Court of Audit and to evidence the provision of security of which the amount shall be laid down by order of the Minister responsible for finance and economic affairs. His administration shall be subject to verification by the General Inspectorate of Finances and by the General Collector of Finance of Paris and to checking by the Court of Audit.

He may, at his own responsibility, delegate his signature to one or more agents of the establishment whom he shall appoint as his signing clerks by means of a regular letter of authority.

Article R411-8

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 97-845 of 10 September 1997 art. 2 Official Journal of 17 September 1997)

The control of the National Institute of Industrial Property, particularly the a posteriori control of the budget implementation, shall be carried out by a State Controller, in accordance with the conditions laid down in Decree No. 55-733 of 26 May 1955 as amended codifying and adapting the texts relating to the economic and financial control of the State.

The special conditions for exercising this control shall be laid down by a joint order of the Ministers responsible for industrial property, for the economy and for the budget.

Article R411-9

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 97-845 of 10 September 1997 art. 1, art 3 Official Journal of 17 September 1997)

The draft budget of the Institute, accompanied by the opinions of the Administrative Council and the State Controller, shall be submitted by the Director General of the Institute for approval to the Minister concerned and to the Minister responsible for the budget within the time limits stipulated with respect to the general budget of the civil service by means of the joint letter from the Minister for the budget.

Any amendments that may be made to the budget during its implementation shall be submitted and approved in the same manner.

The Minister responsible for the budget may delegate his signature to the State Controller with respect to the approval decisions referred to in this Article.

Article R411-10

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The resources of the National Institute of Industrial Property shall be constituted by:

1°. The proceeds of all authorized levies with regard to industrial property, the registers of commerce and trades and the filing of company statutes;

2°. All revenue that may be levied by the Institute as remuneration for services rendered;

3°. The proceeds from the sale of publications;

4°. Revenue from assets and the proceeds of their sale;

5°. The proceeds of any refunds made by international industrial property organisms in which France participates;

6°. Funds deriving from authorized loans;

7°. Any other resources deriving in particular from donations, legacies, gifts and assistance funds.

Article R411-11

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The costs of the National Institute of Industrial Property shall comprise:

1°. The expenditure for running and equipping the Institute;

2°. The expenditure related to participation by France in the international industrial property organisms.

Article R411-12

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The contracts for work and supplies issued by the Institute shall be governed by the legislative and regulatory provisions applicable to State contracts.

Article R411-13

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Director General of the National Institute of Industrial Property shall keep accounts of the issue of vouchers for receipts, commitment, liquidation and payment orders for the expenditure.

Article R411-14

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The accounting agent shall be exclusively responsible for the recovery of outstanding debts and for payments.

He shall be responsible for the revenue vouchers communicated to him by the Director General. He shall be required, under his personal responsibility, to make all efforts to ensure the receipt of all resources of the establishment, to effect the necessary enforcement measures against outstanding debtors, to notify the Director General of the expiry of leases, to ensure that time limits are not exceeded, to ensure the maintenance of rights, privileges and mortgages and to apply for entry in the mortgage register of the appropriate titles.

He shall effect the amicable collection of debts outstanding. Where this is not possible, he shall inform the Director General who shall render enforceable the revenue vouchers in accordance with Article 2 of the Decree of 30 October 1935 to improve and facilitate the operation of the legal service and of the judicial agency of the Treasury.

He may only waive legal action on a written order from the Director General.

He shall be responsible for paying the expenditure that is regularly ordered by the Director General.

Article R411-15

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 97-845 of 10 September 1997 art. 1, art 4 Official Journal of 17 September 1997)

The administrative account of the authorizing officer and the management account of the accounting officer shall be submitted each year to the Administrative Council.

The administrative account, accompanied by the opinion of the Administrative Council and of the State Controller, shall be submitted for approval to the Minister responsible for the budget and to the Minister concerned within three months of the end of the financial year.

The Minister responsible for the budget may delegate his signature to the State Controller for the approval of the administrative account.

Article R411-16

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The rules with regard to accounting, to the form of budgets and accounts, to the books and to the entries made by the authorizing officer and the accountant shall be laid down in one or more orders signed by the Minister responsible for finance, the Minister responsible for the budget and the Minister concerned.

Section 2: Fees Levied by the National Institute of Industrial Property

Article R411-17

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 96-103 of 2 February 1996 art. 3 Official Journal of 9 February 1996)

The fees levied by the National Institute of Industrial Property in relation to the procedures and formalities relating to industrial property and to the Register of Commerce and Companies shall be those shown in the table below:

Procedural Fees

1.Patents, utility certificates and supplementary protection certificates:

Filing(1);

Search report(1) (2);

Claim in excess of the 11th;

Declaration of priority right;

Request to enjoy the filing date of an earlier application;

New claims requiring an additional search report;

Request for correction of errors;

Request for continuation of the procedure;

Issue and printing of the specification;

Maintenance in force;

Supplement for late payment of the filing fee or the search report fee;

Surcharge for late request for a search report;

Surcharge for late payment of the annual fee;

Request for restoral;

Supplementary protection certificate.

2.European Patents:

Publication of the translation or revised translation of a European patent or of the claims in an application for a European patent;

Making and transmitting copies of the European patent application to the recipient States.

3.International Applications (PCT):

Transmission of an international application;

Confirmation of the designation of States;

Surcharge for late payment;

Preparation of additional copies.

4.Trademarks and Service Marks:

Filing;

Class of goods or services;

Claim to a priority right;

Regularization;

Opposition;

Correction of clerical errors;

Renewal;

Surcharge for late payment of the renewal fee;

Renunciation;

Request for entry in the International Trademark Register;

Notice of expiry.

5.Industrial Designs:

Deposit;

Extension;

Waiving of postponed publication;

Waiving the effects of deposit;

Regularization, correction, notice of expiry;

Registration and keeping of a special envelope.

6.Rights related to Industrial Property:

Topographies of semi-conductor products: filing and keeping; entry of an instrument amending or transmitting rights;

Industrial awards: registration of results, of an award or transcription of an assignment statement or transmission statement.

7.National Registers of Patents, Trademarks, Industrial Designs:

request for entry.

8.National Register of Commerce and Companies:

Declaration;

Filing of an instrument.

(1) Fee refunded if inadmissible.

(2) Fee refunded in the event of refusal, withdrawal, suspension of the grant procedure or prolongation of prohibition on disclosure and free exploitation that occur before the start of the procedure for drafting the search report.

Article R411-18

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The ancillary revenue that the National Institute of Industrial Property may levy when communicating documents or instruments in its keeping, for the exploitation of its documentary holdings and from the sale of its publications shall be established by deliberation of the Administrative Council that will lay down the conditions for collection and the amount.

Section 3: Appeals Lodged Before the Appeal Court Against Decisions by the Director General of the National Institute of Industrial Property with Respect to the Grant, Refusal or Maintenance of Industrial Property Titles

Article R411-19

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Appeal Court with territorial competence to hear appeals lodged against decisions by the Director General of the National Institute of Industrial Property with regard to the grant, refusal or maintenance of industrial property titles shall be the court of the place of residence of the person who lodges the appeal, taking into account the groupings effected in Table IV bis annexed to the Code of Judicial Organization reproduced hereafter:

Seat and Jurisdiction of the Courts of Appeal Competent to Hear Directly Appeals Lodged Against Decisions by the Director of the National Institute of Industrial Property with Regard to the Grant, Refusal or Maintenance of Industrial Property Titles

SEAT JURISDICTION extending to the territorial limits of the courts of appeal and the higher courts of appeal of :

Aix-en-Provence : Aix-en-Provence, Bastia, Nîmes.

Bordeaux : Agen, Bordeaux, Poitiers.

Colmar : Colmar, Metz.

Douai : Amiens, Douai.

Limoges : Bourges, Limoges, Riom.

Lyon : Chambéry, Lyon, Grenoble.

Nancy : Besançon, Dijon, Blois, Nancy.

Paris : Orléans, Paris, Reims, Rouen, Versailles, Basse-Terre, Fort-de-France, Saint-Denis-de-la-Réunion, Nouméa, Papeete, Mamoudzou and Saint-Pierre-et-Miquelon.

Rennes : Angers, Caen, Rennes.

Toulouse : Pau, Montpellier, Toulouse.

If such person resides abroad, the Court of Appeal of Paris shall be competent. Domicile shall be elected within the jurisdiction of that court.

Article R411-20

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The time limit for lodging an appeal to the court of appeal against decisions of the Director General of the National Institute of Industrial Property shall be one month.

Where appropriate, this time limit shall be extended in accordance with Article 643 of the new Code of Civil Procedure.

Article R411-21

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Appeals shall be lodged by means of a written declaration addressed or handed in duplicate to the registry of the court. Subject to ex officio inadmissibility, the declaration shall comprise the following particulars:

1.a)If the petitioner is a natural person: his surname, forenames, profession, domicile, nationality, place and date of birth;

b)If the petitioner is a legal person: its form, its name, its registered offices and the organ that legally represents it;

2.The date and subject of the contested decision;

3.The name and address of the owner of the title or the holder of the application if the petitioner has neither capacity.

A copy of the contested decision shall be attached to the declaration.

If the declaration does not contain an explanatory statement of the grounds put forward, the appellant shall be required, subject to inadmissibility, to file such statement with the registry within one month following the declaration.

Article R411-22

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The registry of the court of appeal shall transmit to the Director General of the National Institute of Industrial Property, by registered mail with notification of receipt, a copy of the appeal declaration together with, where appropriate, a copy of any subsequent statement of grounds.

On receipt of the copy of the declaration, the Director General of the National Institute of Industrial Property shall transmit to the registry the file of the contested decision.

Article R411-23

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The court of appeal shall take its decision after the Director General of the National Institute of Industrial Property has been enabled to submit written or oral observations.

The written observations shall be transmitted by the Director General of the National Institute of Industrial Property in duplicate to the registry of the court, that shall transmit one copy to the petitioner.

Article R411-24

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If the appeal is lodged by a person other than the owner of the title or the holder of the application, the latter shall be implicated by the chief registrar of the court of appeal by registered letter with notification of receipt.

Article R411-25

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The appellant may be assisted before the court of appeal by a lawyer or represented by a solicitor.

Article R411-26

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The decision of the court of appeal shall be notified by the registry to the petitioner, to the Director General of the National Institute of Industrial Property and, where appropriate, to any other person implicated.

Chapter II Committee for the Protection of New Plant Varieties

Section 1: Organization and functions of the Committee for the Protection of New Plant Varieties

Article R412-1

(inserted by Decree No. 95-385 of 10 April 1995, Official Journal of 13 April 1995)

The Committee for the Protection of New Plant Varieties established by Article L.412-1 shall ensure the following duties:

To issue new plant variety certificates corresponding to the applications which satisfy the requirements laid down in Articles L.623-1 to L.623-16, and all official documents concerning such applications and certificates.

To declare the forfeiture of breeders' rights in the circumstances set out in Article L.623-23.

Article R412-2

(inserted by Decree No. 95-385 of 10 April 1995, Official Journal of 13 April 1995)

The Committee for the Protection of New Plant Varieties may propose to the Minister of Agriculture the provisions of a regulatory nature necessary for the application of Articles L.412-1 and L.623-1 to L.623-35 and, in general, submit any suggest suggestions to him relative to the implementation of new plant variety protection.

Article R412-3

(inserted by Decree No. 95-385 of 10 April 1995, Official Journal of 13 April 1995)

The Committee for the Protection of New Plant Varieties shall have its headquarters in Paris. In addition to its Chairman, it shall include ten members appointed by order of the Minister of Agriculture, one of whom shall be put forward by the Minister responsible for the Overseas Departments and Territories, in accordance with the conditions set out in Article L.412-1.

Article R412-4

(inserted by Decree No. 95-385 of 10 April 1995, Official Journal of 13 April 1995)

The magistrate entrusted with the chairmanship of the Committee shall be chosen from the magistrates of the Court of Appeal of Paris or the Tribunal de grande instance of Paris belonging to at least the first grade of the judiciary.

He shall be appointed by joint order of the Garde des sceaux, Minister of Justice and the Minister of Agriculture.

It shall be the duty of the Chairman, outside the Committee's meetings which he shall assume the chairmanship, to ensure the smooth working of the Secretariat General provided for in Article R. 412-10 and to undertake, assisted by the latter, the preparation and execution of the Committee's decisions.

Article R412-5

(inserted by Decree No. 95-385 of 10 April 1995, Official Journal of 13 April 1995)

The Chairman and the members of the Committee shall be appointed for four years. Their term of office may be renewed. Half the members of the Committee shall be renewed every two years. Where, through death or other cause, a member has ceased to exercise his functions, he shall be replaced within a period of two months. The newly-appointed member shall remain in office until the end of the term of office of the member he is replacing.

Article R412-6

(inserted by Decree No. 95-385 of 10 April 1995, Official Journal of 13 April 1995)

The members of the Committee who are not civil servants shall be subject to the provisions of Decree No. 90-437 of 28 May, 1990, setting out the terms for the reimbursement of travel expenses of State agents and other persons who take part in councils, committees, commissions and other bodies which provide assistance to the State.

Article R412-7

(inserted by Decree No. 95-385 of 10 April 1995, Official Journal of 13 April 1995)

The Chairman and the members of the Committee shall be under an obligation of secrecy in relation to anything that comes to their knowledge in the exercise of their functions. Moreover, a member of the Committee may not take part in the deliberations relating to a plant variety where he has a direct interest in the acceptance or refusal of an application for a certificate.

Article R412-8

(inserted by Decree No. 95-385 of 10 April 1995, Official Journal of 13 April 1995)

The Committee shall meet on convocation by the Chairman whenever necessary. It may only deliberate if the number of members present is more than half the number of members in office. Where the votes are equal, the Chairman shall have a casting vote.

Article R412-9

(inserted by Decree No. 95-385 of 10 April 1995, Official Journal of 13 April 1995)

To facilitate the preparation and examination of cases brought before it, the Committee may:

- appoint a standing bureau from among its members;

- set up specialised expert commissions;

- call upon any expert or other person whose advice appears necessary.

Article R412-10

(inserted by Decree No. 95-385 of 10 April 1995, Official Journal of 13 April 1995)

The Committee for the Protection of New Plant Varieties shall have a Secretariat General. The Secretary General shall be appointed by order of the Minister of Agriculture on the Committee's proposal and after consultation with the Director General of the National Institute of Agronomic Research.

The Secretary General shall call upon the assistance of agents recruited by the Director General of the National Institute of Agronomic Research under the same conditions as those governing its own agents. Their remuneration shall be drawn from the special section referred to in Article L.623-16.

Management of the staff shall be assumed by the Secretary General, by delegation of power from the Director General of the National Institute of Agronomic Research.

The Secretary General shall, in particular, have the following duties, in accordance with the Committees directives and under the authority of the Chairman, and within the terms of Articles L.412-1 and L.623-1 to L.623-35 and its implementing legislation:

- to receive, register and examine applications for new plant variety certificates and oppositions to the issue of such certificates;

- to maintain the various registers relating to the protection of new plant varieties, to ensure that all acts affecting the ownership of certificates are recorded and to publish the various notices provided for;

- to keep in contact with all the competent bodies and, in particular, insofar as concerns questions of denomination, with the National Institute of Industrial Property and the Office of the International Union Protection of New Plant Varieties together with the experts to whom the technical examination of plant varieties is conferred;

- to provide the secretariat for Committee meetings;

- to draw up the new plant variety certificates and to issue all copies of official documents;

- to inspect or arrange for the inspection of the conservation of all varieties for which certificates have been issued;

- to plan the budget relating to the special section of the budget of the National Institute of Agronomic Research referred to in Article L.623-16.

The Secretary General shall draw up the implementing legislation of the aforementioned provisions which shall be submitted by the Committee to the Minister of Agriculture. He shall prepare and take part in the negotiation of international agreements proposed by the Committee to the Minister of Agriculture and to the Minister of Foreign Affairs to be passed with a view to facilitating or improving the protection of new plant varieties.

Article R412-11

(inserted by Decree No. 95-385 of 10 April 1995, Official Journal of 13 April 1995)

The Committee for the Protection of New Plant Varieties and its Secretariat General shall be considered, in accordance with the provisions of Article 30-1 (B) of the Convention of Paris for the Protection of New Varieties of Plant of 2 December, 1961, as the authority entrusted with the protection of new plant varieties in France. For this purpose, the Secretariat General of the Committee shall keep in contact with the International Union for the Protection of New Varieties of Plants and shall participate in its work.

Article R412-12

(inserted by Decree No. 95-385 of 10 April 1995, Official Journal of 13 April 1995)

The special section of the budget of the National Institute of Agronomic Research, created by Article L.623-16, shall be decided upon by the administrative board of this Institute following consultation with the Committee for the Protection of New Plant Varieties. The income and expenses of this special section shall be administered by the Secretary General of the Committee for the Protection of New Plant Varieties, by delegation of power from the Director of the National Institute of Agronomic Research and under the same conditions as those applying to the income and expenses of the Institute.

Article R412-13

(inserted by Decree No. 95-385 of 10 April 1995, Official Journal of 13 April 1995)

The resources of the special section shall, in particular, consist of the income from all fees that are chargeable in relation to the protection of new plant varieties, in accordance with Article L.623-16.

Article R412-14

(inserted by Decree No. 95-385 of 10 April 1995, Official Journal of 13 April 1995)

The liabilities of the special section shall consist of:

- operational and equipment expenses of the Committee and its Secretariat General, including staff salaries and travel expenses;

- the costs of technical examinations and, where required, of making reference collections;

- the financial contribution of France to international organisations concerned with the protection of new plant varieties ;

- any other expenses resulting from the application of Articles L.412-1 and L.623-1 to L.623-35.

Section 2: Appeals against decisions of the Committee for the Protection of New Plant Varieties

Article R412-15

(inserted by Decree No. 95-385 of 10 April 1995, Official Journal of 13 April 1995)

The time limit for lodging an appeal before the Court of Appeal of Paris against decisions of the Committee for the Protection of New Plant Varieties shall be one month. Where the petitioner resides outside Metropolitan France, this period shall be extended by one month if he resides in Europe and by two months if he resides in any other part of the world.

Article R412-16

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The time limit for lodging an appeal provided for in the preceding Article shall run from the date of receipt by the petitioner of notification of the Committee's decision.

Article R412-17

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Appeals shall be lodged by means of a written request addressed to the senior presiding judge of the Court of Appeal of Paris by the applicant in person or by counsel practising at the Court of Appeal or by a attorney-at-law duly registered at a Bar.

Where the petitioner is unable to appear in person, he may be represented or assisted as provided for in the first paragraph of this Article.

Article R412-18

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Where the appeal is lodged by any person other than the owner of the application for a new plant variety certificate, the latter shall be implicated by the Senior Registrar of the Court of Appeal by registered letter with acknowledgement of receipt.

Article R412-19

(inserted by Decree No. 95-385 of 10 April 1995, Official Journal of 13 April 1995)

The Court of Appeal shall render its decision after the Public Prosecutor has been heard.

Article R412-20

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Any appeal lodged against decisions of the Committee for the Protection of New Plant Varieties shall be declared within fifteen days by the Registrar of the Court of Appeal to the Committee by registered letter with acknowledgement of receipt.

The decision rendered by the Court of Appeal on the contested file shall be notified by the Registrar to the petitioner and to the Committee for the Protection of New Plant Varieties by the same means.

Article R412-21

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Court Registrar shall send a copy of the decision to the Committee for the Protection of New Plant Varieties.

This decision shall ex officio be recorded in the National Register of New Plant Variety Certificates.

The decision of the Court of Appeal shall be executed within two months of its notification.

Chapter III Industrial Property Council

Article R413-1

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

There shall be established an Industrial Property Council under the supervision of the Minister responsible for industrial property. The Council shall have an advisory role. It shall give its opinion on the matters submitted to it by the Minister.

Article R413-2

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Industrial Property Council shall be comprised as follows:

1°. The permanent representative of the Ministry of Foreign Affairs;

The permanent representative of the Ministry of the Budget;

The permanent representative of the Ministry of Justice;

The permanent representative of the Ministry of Defense;

The permanent representative of the Ministry of Culture;

The permanent representative of the Ministry of Agriculture;

The permanent representative of the Ministry of Health;

The Director General of the National Institute of Industrial Property;

The Director of the Center for International Industrial Property Studies or his permanent representative;

The Director General of the National Research Development Agency or his permanent representative;

2°. Four professors of law;

Four persons representing the interests of employees;

Two inventors or engineers;

Eight persons representing the interests of trade and industry;

The President of the National Society of Industrial Property Agents and four industrial property attorneys;

Four lawyers;

Four persons competent in respect of industrial property.

The members referred to in the second subparagraph above shall be appointed for five years by order of the Minister responsible for industrial property.

Article R413-3

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Minister responsible for industrial property shall designate from amongst the members of the Council a Chairman and a Deputy Chairman.

Article R413-4

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Committee may establish from within its membership temporary commissions to examine specific matters. It may also, where it deems useful, involve competent persons in its work in an advisory capacity.

Article R413-5

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The secretariat of the Council shall be provided by the National Institute of Industrial Property.

Chapter I: Entry in the List of Persons Qualified with Respect to Industrial Property

Article R421-1

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The entry of a natural person in the list of persons qualified in industrial property referred to in Article L. 421-1 shall be subject to compliance with all of the following conditions:

1°. Possession of a legal, scientific or technical national second cycle diploma issued by a scientific, cultural and professional public establishment within the meaning of Act No. 84-52 of 26 January 1984 empowered to issue such diploma or of a qualification recognized as equivalent in accordance with the conditions laid down by joint order of the Keeper of the Seals, Minister for Justice, the Minister responsible for industrial property and the Minister responsible for higher education;

2°. Possession of a diploma issued by the Center for International Industrial Property Studies (CEIPI) of the University of Strasbourg or of a qualification recognized as equivalent in accordance with the conditions laid down by joint order of the Keeper of the Seals, Minister for Justice, the Minister responsible for industrial property and the Minister responsible for higher education;

3°. At least three years of professional experience;

4°. To have passed an examination of competence of which the conditions and program shall be laid down, for each specialization, by joint order of the Keeper of the Seals, Minister for Justice, the Minister responsible for industrial property and the Minister responsible for higher education. The examinations shall be adapted for the professional representatives before the European Patent Office.

Article R421-2

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

No person may be entered in the list if:

1°. He has committed acts that have led to a criminal conviction for acts contrary to honor, honesty or morality;

2°. For acts of the same nature, he has received a disciplinary or administrative sanction involving dismissal, striking off, removal, withdrawal of approval or authorization;

3°. He is declared personally insolvent or is subject to other sanction pursuant to the legislation on judicial settlement, liquidation of assets, personal insolvency and bankruptcy or under the legislation on the rehabilitation and judicial liquidation of enterprises.

Article R421-3

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

As set out in Article R. 79 of the Code of Criminal Procedure:

(...) the number 2 bulletin of the police record has been issued;

(...) 24°. To the Director General of the National Institute of Industrial Property for entry in the list of persons qualified in industrial property and in the list referred to in Article L. 422-5.

Article R421-4

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 97-863 of 17 September 1997 art. 1 I Official Journal of 24 September 1997)

The reference to the specialization that accompanies the entry of persons qualified in industrial property may be either that of patents or that of trademarks, industrial designs, based on professional experience, supplemented as appropriate by that of engineer or of lawyer, based on diplomas.

Where appropriate, more than one mention may be entered.

An order of the Minister responsible for industrial property may provide for further specialization mentions if new professional qualifications in industrial property should arise.

Article R421-5

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 97-863 of 17 September 1997 art. 1 II Official Journal of 24 September 1997)

The professional experience referred to in Article R. 421-1 (third indent) shall be constituted by the exercise as the main occupation of study, advice, assistance or representation activities with respect to industrial property, related rights and rights concerning any related matter.

The professional experience shall have been acquired in France in the subject matter that corresponds to the specialization mention sought and under the responsibility of a person qualified in industrial property who is entered with the same mention.

If the experience has not been acquired under the responsibility of such a person, the board referred to in Article R. 421-6 may, on examination of the file, admit a candidate to the examination if his experience has been recognized as equivalent in its content, its scope and its compliance with the usual standards in the specialization concerned.

Article R421-6

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The board responsible for supervising the examinations referred to in Article R. 421-1 (fourth indent) shall comprise one magistrate of the judiciary, as chairman, one university professor teaching private law, one lawyer and four persons qualified in industrial property. Each member unable to attend shall be replaced by an alternate.

The conditions for designating the members of the board and their alternates shall be laid down by joint order of the Keeper of the Seals, Minister for Justice, of the Minister responsible for industrial property and the Minister responsible for higher education.

Article R421-7

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The conditions referred to in Article R. 421-1 with regard to diplomas, training and professional examinations, shall not apply to persons who have successfully completed a cycle of studies of a minimum duration of three years or of an equivalent duration of part-time attendance at a university or an establishment of higher education or in another establishment with the same level of training and, where appropriate, the professional training required in addition to such cycle of studies and who holds:

1°. Either a diploma, certificate or other title permitting the exercise of the profession in a Member State of the European Union issued:

a)By the competent authority of that State and certifying to training acquired predominantly within the Union;

b)Or by an authority of a third country provided that an attestation is furnished from the competent authority of the Member State that has recognized the diploma, certificate or other title certifying to the fact that its holder has professional experience of at least three years in that State;

2°.Or full-time exercise of the profession during at least two years during the preceding ten years in a Member State that does not regulate access to or exercise of that profession provided that such exercise be attested to by the competent authority of that State.

Article R421-8

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The treatment referred to in Article R. 421-7 shall be subject to successfully passing an examination of competence before the board referred to in Article R. 421-6 of which the program and conditions shall be laid down by joint order of the Keeper of the Seals, Minister for Justice, and of the Minister responsible for industrial property:

1°. Either where the training of the candidate covers matter that is substantially different from that contained in the programs for the diplomas and the professional examination referred to in Article R. 421-1;

2°. Or where one or more of the professional activities of which exercise is subject to holding such diploma or such examination are not regulated in the Member State of origin or last residence or are regulated in a different manner and such difference is characterized by specific training required in the first Member State covering matter that is substantially different from that covered by the diploma presented by the applicant.

The list of candidates accepted for the examination shall be drawn up by the Director General of the National Institute of Industrial Property.

Article R421-9

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The application for entry shall be submitted to the Director General of the National Institute of Industrial Property. It shall be accompanied by proof that the conditions laid down in Article R. 421-1 or in Articles R. 421-7 and R.421-8 have been satisfied.

A receipt for the application shall be issued.

Article R421-10

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 97-863 of 17 September 1997 art. 1 III Official Journal of 24 September 1997)

The decision of the Director General of the Institute with regard to the application for entry, failing which, after decision of the jury in accordance with Article R 421-5, shall be notified to the concerned party. Refusal shall be reasoned.

Article R421-11

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Any person entered in the list may at any time request to be removed from the list.

Any person subject to any of the measures referred to in Article R. 421-2 shall be removed from the list by the Director General of the Institute. Removal shall be reasoned and the decision taken after the party concerned has been enabled to submit his observations.

Article R421-12

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Entries and removals shall be published in the Official Bulletin of Industrial Property.

The updated list of qualified persons shall be published at the beginning of each calendar year in the Bulletin.

Section 1: Entry in the List of Industrial Property Attorneys

Article R422-1

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 97-863 of 17 September 1997 art. 2 I Official Journal of 24 September 1997)

Any person qualified in industrial property and entered in the list referred to in Article R. 421-1 may apply to be entered, with the same notice of specialization, in the list of industrial property attorneys referred to in the third paragraph of Article L. 422-1.

The notice “patents” permits action in the procedures referred to in Article R. 612-2. The notice “trademarks, industrial designs” permits action in the procedures referred to in Articles R. 712-2 and R. 712-13.

However, persons entered with the notice “lawyer” under the procedure set out in I of Article 36 of the Decree of 1 April 1992 on qualification and professional organization with respect to industrial property may carry out the acts defined in Articles R. 712-2 and R. 712-13.

Article R422-2

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 97-863 of 17 September 1997 art. 2 II Official Journal of 24 September 1997)

(Decree No. 2002-215 of 18 February 2002 art. 2 Official Journal of 20 February 2002)

Entry in the list referred to in Article R. 422-1 shall be subject to the following conditions:

1°. To offer to the public the services referred to in Article L. 422-1 or undertake to do so within three months, either individually or in a group or as the employee of another industrial property attorney or of a company of industrial property attorneys;

2°. To have French nationality or be a national of another Member State of the European Union, or of another State party to the agreement on the European Economic Area;

3°. To have a place of residence or a professional establishment in France;

4°. Provide evidence of the insurance and the guarantee referred to in

Article L. 422-8 or undertake to provide such evidence within a period of three months; this evidence shall be produced each year after entry.

Article R422-3

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The application for entry shall be submitted to the Director General of the Institute. The evidence that the conditions referred to in Article R. 422-2 have been satisfied shall be attached to the application.

Article R422-4

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 97-863 of 17 September 1997 art. 2 III Official Journal of 24 September 1997)

The Director General of the Institute shall make the entry, after having heard the opinion of the National Society of Industrial Property Attorneys. Such opinion shall be deemed to have been given if the Society does not formulate an opinion within one month as from having been approached.

Refusal to enter shall be taken on a reasoned decision to be notified to the party concerned.

The entry of natural persons shall be made in the name of the industrial property attorney followed by the title of the practice within which he performs his duties or, in the case of a company, by its registered name or title.

If the industrial property attorney does not furnish the evidence that he satisfies the conditions laid down in Article R. 422-2, particularly those required by item 4 of that Article, he shall be invited by the Director General of the Institute to regularize his situation within the time limit set forth in that invitation.

If, on expiry of the time limit referred to in the preceding paragraph, the person concerned has not regularized his situation, the Director General of the Institute shall pronounce his suspension, which shall cease to have effect once the situation has been regularized. Suspension shall be published in accordance with Article R. 422-66.

A suspension shall also be ordered, in accordance with the conditions laid down in the preceding paragraphs, with respect to any company that no longer satisfies the conditions laid down in Article L. 422-7.

The Director General of the Institute shall remove from the list referred to in Article R. 422-1 any industrial property attorney whose suspension has continued for more than six months.

Article R422-5

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Any person entered in the list of industrial property attorneys may request to be removed from the list. He shall be required to do so if he no longer satisfies the conditions set out in Article R. 422-2. The request shall be submitted to the Director General of the Institute who shall effect the removal after having obtained the opinion of the National Society of Industrial Property Attorneys.

Removal shall be suspended if the case is submitted to the disciplinary board referred to in Article L. 422-10.

Article R422-6

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Where the profession is exercised as a company, entry of the company in the special section referred to in Article L. 422-7 shall be applied for collectively by all the partners. It shall be accompanied by proof of the filing of the application for entry in the Register of Commerce and Companies.

The Director General of the Institute shall effect the entry as set out in Article R. 422-4 and shall notify his decision to the registrar responsible for keeping the Register of Commerce and Companies at the court with which the corresponding application for entry was filed.

Any decision to remove a company shall be notified, within one month of its date, to the registrar responsible for keeping the register in which the company has been entered.

Article R422-7

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The registered capital of an industrial property attorneys company as referred to in Article L. 422-7(b) may be held, in accordance with Article L. 423-2(e), by an industrial property attorney for only 25 per cent if the purpose of the company is to associate one or more industrial property attorneys with other providers of services carrying out as their main activity one of the following:

1°. Construction of prototypes;

2°. Licensing intermediary services;

3°. Creation of trademarks;

4°. Funding of innovation.

Section 1bis : Free provision of service by representatives in industrial property established within the territory of a member State of the European Community or a State party of the agreement on the European Economic Area

Article R422-7-1

(inserted by Decree No. 2002-215 of 18 February 2002 art. 3 Official Journal of 20 February 2002)

When a professional person residing in a Member State of the European Community or in a State that has signed up to the agreement on the European Economic Area is authorised to represent persons owning industrial property before the central service of industrial property in that State, they may use their professional title in France, expressed in one or other of the languages of that State, to represent persons before the National Institute of Industrial Property, once their title has been certified by the competent authority of the State in which they are established.

When the exercise of the profession in the State where the party concerned is established does not depend on the possession of a regulated title, the professional person must provide the National Institute of Industrial Property with proof, in the form of a certificate from the competent authority of the State, that they have habitually practised in such a capacity for at least two years in the course of the last ten years.

Article R422-7-2

(inserted by Decree No. 2002-215 of 18 February 2002 art. 3 Official Journal of 20 February 2002)

The professionals mentioned in Article R. 422-7-1 shall undertake, in the exercise of their activity in France, to respect the rules set forth in Articles L. 422-8 et R. 422-52 to R. 422-54. They shall be subject to the provisions of Articles R. 422-56 to R. 422-66 and the sanctions set forth in Article L. 422-10 shall be applicable to them.

Nevertheless, the disciplinary measure of temporary or definitive prohibition shall be replaced by a sanction with the effect of temporarily or definitively prohibiting them from exercising professional activities in France. The Disciplinary Board can ask the competent authority of the State of origin of the communication professional information on the parties concerned.

It shall inform the latter authority of all decisions made. These communications shall not compromise the confidential nature of the information provided.

Section 2: The National Society of Industrial Property Attorneys

Article R422-8

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The natural persons entered in the list of industrial property attorneys shall constitute the National Society of Industrial Property Attorneys referred to in Article L. 422-9.

Article R422-9

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Society shall establish its rules of procedure. They shall enter into force following approval by a joint order of the Garde des sceaux, Minister for Justice, and the Minister responsible for industrial property.

Article R422-10

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 97-863 of 17 September 1997 art. 2 IV Official Journal of 24 September 1997)

The General Assembly of the Society shall elect for two years from amongst its members, by a secret ballot, an office comprised of nine persons, including a President, three Vice Presidents, a Secretary, a Treasurer and three members. The ballot shall be by voting for a single person for the functions of President, Secretary and Treasurer. The Vice Presidents and the other members, respectively, shall be elected by voting for more than one member. The conditions for the ballot shall be laid down in the Rules of Procedure.

With the exception of the establishment of the Rules of Procedure, of the vote for the annual budget of the Society and of other attributions reserved, where appropriate, for the General Assembly by the Rules of Procedure, the Office shall carry out the administration of the Society. It shall ensure application of resolutions adopted in the General Assembly. It may have at its disposal a permanent secretariat and may set up standing or temporary committees for which it shall define the tasks.

Article R422-11

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

In addition to any gifts or legacies made to it and participation in various of its costs, the resources of the Society shall derive from the annual membership fees.

The basic rate for the annual membership fee shall be the same for all members. This shall be supplemented on a basis which takes into account the turnover achieved, where appropriate, by companies.

The method for calculating and the conditions for collecting the membership fees shall be laid down in the Rules of Procedure of the Society. The rate shall be laid down each year by the General Assembly.

Section 3 Exercise in the Form of a Company

Sub-Section 1: Professional Civil Act Companies

Article R422-12

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Two or more industrial property attorneys entered in the national list of industrial property attorneys referred to in Article L. 422-1 may together constitute a professional civil law company for the exercise in common of the profession of industrial property attorney.

However, the company may be constituted, exclusively or not, by natural persons not entered in the national list of industrial property attorneys but who meet the conditions required to be entered in that list, on condition that each such person applies for his entry at the same time, at the latest, as that of the company.

Article R422-13

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The company shall be constituted subject to the suspensive condition of its entry in the national list of industrial property attorneys. In accordance with the third paragraph of Article 1 of Act No. 66-879 of 29 November 1966, it shall enjoy legal personality as from such entry.(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Article R422-14

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The application for registration of the company in the Register of Commerce and Companies shall be drawn up in accordance with the conditions set out in Article 15 of Decree No. 84-406 of 30 May 1984 relating to the Register of Commerce and Companies.

Notwithstanding Articles 22, 24 and 26 of Decree No. 78-704 of 3 July 1978, the company shall be exempted from publishing the notice referred to in those Articles in a journal of statutory announcements.

The notices published in the Official Bulletin of Civil and Commercial Announcements shall contain the particulars referred to in Article 73 of the Decree of 30 May 1984, except for those relating to the surname and forenames of the partners liable indefinitely and jointly for the company debts.

Article R422-15

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If the statutes are established by means of simple contract, a sufficient amount of originals shall be drawn up to communicate one copy to each partner and to satisfy the provisions of Article 7 of Decree No. 78-704 of 3 July 1978 and those of this subsection.

Article R422-16

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Notwithstanding the provisions that are to be included in the statutes according to Articles 10 and 11 of Act No. 66-879 of 29 November 1966, those which they may contain under Articles 8, 14, 15, 19, 20 and 24 of that same Law, concerning, respectively, the distribution of shares, the administrators, the company name, the distribution of profits, the company debts, the assignment of shares in the company and the dissolution of the company, and of Articles R. 422-6 and R. 422-7, the statutes shall be required to state:

1°. The surnames, forenames and places of residence of the partners, their marital status and, where appropriate, the existence of any clauses, acts invokable against third parties or decisions restricting the free disposal of their assets;

2°. The title of each of the partners;

3°. The duration for which the company is formed;

4°. The address of the registered offices;

5°. The nature and separate evaluation of each of the contributions made by the partners;

6°. The amount of the company capital, the nominal amount, the number and distribution of company shares represented by that capital;

7°. Confirmation of the full or part liberation, as appropriate, of the contributions that are comprised in the company capital;

8°. The majority required in order to transfer or assign shares to third parties;

9°. The amount of the partnership shares allocated to each subscriber to the company;

10°. The special provisions referred to in Articles R. 422-20 and R. 422-21.

Article R422-17

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The following may constitute contributions to a professional civil law company, in ownership or in possession:

1°. All intangible rights, whether movable or real, particularly, where appropriate, the right for a partner to present the company as successor to his customers;

2°. All documents and archives and, in general, all movable objects for professional use;

3°. The buildings or premises used for exercise of the profession;

4°. All amounts in cash.

The contributions in diligence to the company made by the partners which, by reason of Article 10 of the Act of 29 November 1966, do not contribute to building the capital may give rise to an allocation of partnership shares.

Article R422-18

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The shares in the company may not be given in security.

Their face value may not be less than FRF 1,000.

The partnership shares allocated to the subscribers shall not be assignable. They shall be cancelled when their holder loses his capacity as partner for any reason whatsoever.

Article R422-19

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The shares of the company that correspond to the contributions in cash shall be paid up, on subscription, to at least one half of their face value.

The paying up of the remainder should be effected, in one or more payments, either on the dates specified in the statutes or by a decision of the assembly of partners, and at the latest within two years as from entry of the company in the national list of industrial property attorneys.

Within eight days of receipt, the funds from cash subscriptions shall be deposited for the account of the company with the Deposit and Consignment Office, with a notary or in a bank.

Withdrawal of such funds shall be carried out by an authorized representative of the company on simple proof of entry of the company in the national list.

Article R422-20

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The statutes shall lay down the management and determine the powers of the managers in accordance with the conditions of Article 11 of the Act of 29 November 1966.

Article R422-21

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Decisions that go beyond the powers of the managers shall be taken by the partners meeting in assembly.

The assembly shall be convened at least once a year. It shall also be convened at the request of at least one half of the partners, whereby the request shall state the agenda.

The conditions for convening the assembly shall be laid down in the statutes.

Article R422-22

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The statutes may afford a reduced number of votes to partners who exercise their profession on a part-time basis only.

They may also allocate a reduced number of votes to partners for as long as the company shares they hold have not been fully paid up.

Each partner may be represented by another partner holding written powers. A partner may not hold more than two powers.

Article R422-23

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Subject to the provisions of Article 19 of the Act of 29 November 1966 and those of this subsection that impose special conditions with respect to majority, decisions shall be taken on a majority of the votes held by the partners that are present or represented.

However, the statutes may require a larger majority or even unanimity of the partners for all decisions or for those decisions only that they enumerate.

Article R422-24

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Amendment to the statutes and, in particular, prolongation of the company shall be decided on a majority of three quarters of the votes of all partners.

However, an increase in the competence of the partners shall require a unanimous decision.

Article R422-25

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The deliberations of the partners shall be subject to the provisions of Articles 40 to 47 of Decree No. 78-704 of 3 July 1978.

The assembly may deliberate validly only if at least three quarters of the partners are present or represented. If the quorum is not achieved, the partners shall be reconvened and the assembly shall deliberate validly if two partners at least are present or represented.

The register referred to in Article 45 of Decree No. 78-704 of 3 July 1978 shall be numbered and initialed by the registrar responsible for keeping the Register of Commerce and Companies in which the company is registered.

Article R422-26

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

At the end of each financial period, the manager or managers shall prepare, under the conditions laid down by Article 1856 of the Civil Code, a written general report comprising the annual accounts of the company and a report on the outturn.

Within two months following the end of the financial period, the documents referred to in the preceding paragraph shall be submitted for approval to the assembly of partners.

To that end, those documents shall be communicated to each partner, together with the wording of the proposed resolutions, at the same time as the convening of the assembly and at least 15 days before its meeting.

Article R422-27

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Each partner may, at any time, take cognizance, under the conditions laid down in Article 48 of Decree No. 78-704 of 3 July 1978, of the annual accounts of the company and of the report on the outturn, together with all the registers and accounting documents in the possession of the company.

Article R422-28

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The provisions of Articles 49, 50 and 52 of Decree No. 78-704 of 3 July 1978 shall apply to assignments and transfers of shares in the company and to their publication.

Article R422-29

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

In the case referred to in the third paragraph of Article 19 of the Act of 29 November, 1966, the price of the shares in the company shall be determined, failing agreement between the parties, in accordance with the provisions of Articles 1843-4 of the Civil Code and 17 of Decree No. 78-704 of 3 July 1978.

Where the assigning partner refuses to sign the instrument assigning his shares at the price thus fixed, his refusal shall be overridden two months after he has been summoned to do so by the company without result, either by registered letter with notification of receipt or by process served by bailiff; the assignment price of the shares shall be consigned at the responsibility of the assignee.

If assignment concerns the totality of the company shares belonging to a partner, that partner shall lose his capacity as partner on expiry of the time limit laid down in the preceding paragraph.

Subject to the rules for the protection and representation of incapacitated persons, the provisions of Article 19 of the Act of 29 November 1966 shall apply to the assignment of the company shares of a partner subject to statutory prohibition or to tutelage of adults; the six-month period referred to in the third paragraph of that Article shall be extended to one year in such case.

Article R422-30

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

In the event of the death of a partner, the time limit for assignment referred to in the second paragraph of Article 24 of the Act of 29 November 1966 shall be laid down as one year as from the date of death.

It may be renewed by agreement between the successors in title of the deceased partner and the company reached in accordance with the provisions on the assignment of company shares in the first paragraph of Article 19 of the Act of 29 November 1966.

If consent to the preferential allocation referred to in the second paragraph of Article 24 of the Act of 29 November 1966 is refused and if the successors in title of the deceased partner have not assigned the company shares of their originator on expiry of the time limit allocated to them, the company shall have one year in which to acquire or have acquired the company shares of the deceased partner.

Article R422-31

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If the instrument assigning the company shares is drawn up in the form of a private deed, the necessary number of originals shall be produced in order to hand a copy to each party and to comply with the provisions of Article R. 422-28.

In addition, one of the originals of the private deed or a copy of the instrument of assignment of the shares, if it is in the form of an authenticated deed, and possibly any instrument amending the statutes of the company, shall be communicated to the Director General of the National Institute of Industrial Property who, if necessary, shall make the relevant amendment to the entry of the company in the national list of industrial property attorneys.

Article R422-32

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If a partner wishes to withdraw from the company, he shall notify his decision to the company by registered mail with notification of receipt.

The company shall have six months as from notification in order to notify to the partner, in the same form, draft assignment of his shares to a partner or to a third party entered in the list of industrial property attorneys or who satisfies the conditions for entry in that list or a draft redemption of those shares of the company. Such notification shall imply a commitment by the assignee or by the company that acquires the title.

In the event of failure to agree on the assignment price, Article R. 422-29 shall apply.

Article R422-33

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If a partner has been struck off, pursuant to Section 5 of this Chapter, for a period of six months or more, he may be excluded from the company by a decision taken on a majority of the other partners.

The excluded partner shall have a period of six months, as from notification made to him of the decision by registered mail with notification of receipt, in order to assign his shares under the conditions laid down in Articles 19 and 21 of the Act of 29 November 1966 and in Articles R. 422-28 and R. 422-29.

If, on expiry of that period, no assignment has been made, action shall be taken in accordance with the provisions of the third paragraph of Article 19 of the Act of 29 November 1966 and of Article R. 422-29.

Article R422-34

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The shares of the partner definitively removed from the national list of industrial property attorneys shall be assigned under the conditions set out in Article R. 422-33.

Article R422-35

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The number of partners may be increased during the lifetime of the company with or without an increase in the assets of the company.

Article R422-36

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Any partner who receives for consideration or gratuitously a right of representation of a customer transmitted by a third party shall be obliged to contribute enjoyment thereof to the company and it shall be for the company to create and issue to him the new company shares that correspond to this additional contribution.

Article R422-37

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If the reserves constituted by means of non-distributed profits or the plus value on assets due to the diligence of the partners so permit, the capital of the company shall be periodically increased. The shares in the company created for that purpose shall be distributed between all partners, including those who have contributed only their diligence.

However, the statutes may provide for cases and conditions under which a partner may be excluded from the allocation of shares in the company that had been newly created to represent an increase in the capital.

Article R422-38

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Any decision to prolong the company shall be immediately brought to the notice of the Director General of the National Institute of Industrial Property, accompanied by a copy of the full minutes of the meeting, or of the instrument showing prolongation, constituted by one of the originals if the instrument is a private deed or by a copy if it has been drawn up in authenticated form.

Article R422-39

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

In the event of amendment of the statutes, a copy of the full minutes of the meeting or of the amending instrument constituted by one of the originals if the instrument is in the form of a private deed or by a copy if it has been drawn up in authenticated form, shall be communicated within two months to the Director General of the National Institute of Industrial Property and to the President of the Society of Industrial Property Attorneys.

If the new provisions of the statutes do not comply with the legislative or regulatory provisions and if regularization is not carried out within the time limit stipulated by the Director General of the National Institute of Industrial Property, the latter, after having invited the company to submit its oral or written observations, shall remove it from the national list of industrial property attorneys under the conditions set out in Articles R. 422-61 to R. 422-63.

The modification shall be published as provided for in Articles 22 et seq. of Decree No. 84-406 of 30 May 1984.

Article R422-40

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Premature dissolution of a company shall require the decision of at least three quarters of the partners.

The provisions of Articles 8 to 16 of Decree No. 78-704 of 3 July 1978 shall apply.

A copy of the instrument appointing the liquidator shall be communicated by the latter to the Director General of the National Institute of Industrial Property and to the President of the Society of Industrial Property Attorneys. The liquidator shall inform them of the closing of the liquidation.

Paragraph 2 Liberal Partnerships

Article R422-41

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The provisions of this subsection shall govern partnerships constituted pursuant to Title I of Act No. 90-1258 of 31 December 1990 with the aim of exercising in common the profession of industrial property attorney. Such partnerships shall bear the designation of professional partnerships of industrial property attorneys.

Article R422-42

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Instruments and documents intended for third parties, in particular letters, invoices, announcements and miscellaneous publications originating from a professional partnership of industrial property attorneys shall show the name of the partnership immediately preceded or followed, as appropriate:

— by either the notice “limited liability professional partnership of industrial property attorneys” or the notice “SELARL of Industrial Property Attorneys”;

— or the notice “professional partnership in the form of a stock company of industrial property attorneys” or the notice “SELAFA of Industrial Property Attorneys”;

— or the notice “professional partnership limited by shares of industrial property attorneys” or the notice “SELCA of Industrial Property Attorneys”,

together with the statement of the capital stock, of the address of the registered offices, a notice of its entry in the list of industrial property attorneys and its registration number in the Register of Commerce and Companies.

Article R422-43

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

One and the same natural or legal person exercising the profession of industrial property attorney may not, pursuant to the third paragraph of Article 5 of Act No. 90-1258 of 31 December 1990, hold a participation in more than two professional partnerships of industrial property attorneys.

Article R422-44

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The holding of shares in a professional partnership of industrial property attorneys shall be prohibited for any person who has been removed from the list of industrial property attorneys or the list of patent agents referred to in Article 3 of Decree No. 76-671 of 13 July 1976 as amended, relating to professional qualifications with regard to patents for invention and establishing the organization and disciplinary arrangements for the profession of patent agent.

Article R422-45

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

A partner may exercise the profession of industrial property attorney only within a single professional partnership and may not exercise the profession individually or within another company of any form whatsoever.

Article R422-46

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The professional partnerships of industrial property attorneys shall be subject to the provisions on obligations, guarantee and discipline applicable to the profession of industrial property attorney.

However, partnerships may not be subject to disciplinary procedures independently of those initiated against attorneys who are partners within such partnerships exercising that profession.

Article R422-47

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

A partner in a professional partnership set up for the exercise of the profession of industrial property attorney may be excluded from that partnership in the event of definitive disciplinary sanction with the effect of temporarily prohibiting him from exercising the profession for a period of more than six months.

Such exclusion shall be decided by a unanimous decision of the other partners.

Article R422-48

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Any partner who has been excluded shall have a period of six months as from notification made to him of the decision by the partnership to assign his partnership shares or stock, by means of a registered letter with notice of receipt.

During that period, the excluded partner shall forego the remuneration deriving from exercise of his professional activity and his right to attend and vote in meetings of the partnership. He shall maintain his right to receive the dividends distributed with regard to his partnership shares or stock. The partnership shares or stock of the partner who has been excluded shall be purchased either by an acquirer who has been approved by the partnership or by the partnership which shall then reduce its capital. Failing amicable agreement, the buying back price of the partnership shares shall be determined under the conditions laid down in Article 1843-4 of the Civil Code.

Article R422-49

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

A partner prohibited from exercising on a temporary basis shall keep, for the duration of his sanction, his capacity of partner with all the rights and obligations deriving therefrom, with the exclusion of his right to remuneration paid by the partnership in relation to the exercise of his professional activities.

In the event of a prohibition to exercise the profession imposed on all the partners in a professional company, the professional acts and the management of the company shall be undertaken by one or more industrial property attorneys designated by the National Society of Industrial Property Attorneys.

Paragraph 3 Trading Partnerships

Article R422-50.

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The constitution of a trading partnership of industrial property attorneys referred to in Title II of Act No. 90-1258 of 31 December 1990 shall give rise to the publication of a notice in a journal authorized to publish statutory announcements at the place of its registered offices, if such exists, or at the place of exercise of each of the partners. The notice shall contain the identity of the partners, the designation, the purpose, the address of the registered offices, if such exist, and that of the places of exercise.

Article R422-51

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Membership of a trading partnership, with the designation of the partnership, shall be notified in the professional acts and in the correspondence of each partner.

Section 4: Professional Obligations

Article R422-52

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

An industrial property attorney shall exercise his profession with dignity, honor, independence and probity and shall comply with the laws and regulations governing his society.

Article R422-53

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 97-863 of 17 September 1997 art. 2 V Official Journal of 24 September 1997)

An industrial property attorney shall refrain from any canvassing or advertising not authorized by Article R. 423-2.

He shall draw up an indicative schedule of fees, as distinct from the refunding of costs and fees to be paid. The detailed schedule of such charges shall be communicated to any person so requesting.

Article R422-54.

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

An industrial property attorney:

1°. Shall refrain within the same case from advising, assisting or representing customers having opposing interests;

2°. Shall observe professional secrecy: secrecy shall extend in particular to consultations given to his customer, to professional correspondence and to all documents drawn up in that connection;

3°. Shall pursue the case for which he is responsible up to its completion, unless his customer releases him from it;

4°. Shall report on the execution of his brief, particularly with respect to the handling of funds; to that end, he shall submit to his customer an account that clearly shows his fees, on the one hand, and the costs and charges, on the other: this account shall show the amounts that have been previously received as advances or payment;

5°. Shall return to the customer who has released him or to the latter's new representative all documents of an official nature in his possession and all the elements and information required to execute or complete the task entrusted to him; the documents should be handed out within a period of time that will avoid any preclusion or prescription.

Section 5: Disciplinary Measures

Article R422-56

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 97-863 of 17 September 1997 art. 3 Official Journal of 24 September 1997)

(Decree No. 2002-215 of 18 February 2002 art. 4 I Official Journal of 20 February 2002)

The disciplinary board, referred to in Article L. 422-10,

to hear breaches of the obligations of industrial property attorneys,

shall comprise seven members:

1°. A magistrate of the judiciary, as Chairman, appointed on a proposal by the first President of the Court of Appeal of Paris;

2°. A member of the Conseil d'Etat appointed on a proposal by the Vice President of the Conseil d'Etat;

3°. The President of the National Society of Industrial Property Attorneys or his alternate designated by him for the duration of his term of office from among the vice presidents of the Society;

4°. Two industrial property attorneys, chosen from a list of eight proposed candidates, not members of its Office, by the National Society of Industrial Property Attorneys;

5°. Two qualified persons.

The members designated in accordance with items 1, 2, 4 and 5 shall have alternates appointed under the same conditions.

The disciplinary board also hears breaches of the obligations of other persons allowed to exercise activities within the scope of industrial property attorney.

Article R422-57

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 97-863 of 17 September 1997 art. 3 Official Journal of 24 September 1997)

The members of the disciplinary board, with the exception of the President of the National Society of Industrial Property Attorneys and his alternate, shall be appointed, as shall their alternates, for a period of three years by joint order of the Garde des sceaux, Minister for Justice, and the Minister responsible for industrial property.

Article R422-58

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 97-863 of 17 September 1997 art. 3 Official Journal of 24 September 1997)

Matters may be referred to the disciplinary board by the Keeper of the Seals, Minister for Justice, by the Minister responsible for industrial property, by the Director General of the National Institute of Industrial Property or by means of a complaint.

The referral of the complaint shall be lodged with the chairman of the board by registered letter with notification of receipt at the headquarters of the National Institute of Industrial Property.

Article R422-59

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 97-863 of 17 September 1997 art. 3 Official Journal of 24 September 1997)

The Secretary of the National Society of Industrial Property Attorneys shall act as recorder of the disciplinary board. If he should be unavailable, and particularly if it would appear that the six-month time limit referred to in Article R. 422-60 may not be complied with, the Office of the Society shall designate one of the officers as alternate.

The secretariat of the Board shall be provided by the National Institute of Industrial Property.

Article R422-60

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 97-863 of 17 September 1997 art. 3 Official Journal of 24 September 1997)

(Decree No. 2002-215 of 18 February 2002 art. 4 II Official Journal of 20 February 2002)

The recorder may, ex officio or at the request of the chairman of the board, require the industrial property attorney concerned, the complainant or any other person able to throw light on the discussions, the explanations and the justifications required for the information of the Board.

The report shall set out the alleged acts, the proceedings accomplished and the reasoned conclusions of the recorder with regard to the existence of a disciplinary fault.

It shall be filed at the seat of the board within six months of referral to the latter, failing which the chairman of the board may designate a further recorder from among the members of the Society who are not members of the board.

Article R422-61

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 97-863 of 17 September 1997 art. 3 Official Journal of 24 September 1997)

If the recorder considers that the complaint or the referral is not admissible, is irrelevant or obviously unfounded, he shall propose to the board that it terminate the matter.

The decision to terminate shall be taken and notified in the manner and under the conditions laid down in Article R. 422-64. It may be referred to the Conseil d'Etat in a cassation procedure.

Article R422-62

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 97-863 of 17 September 1997 art. 3 Official Journal of 24 September 1997)

(Decree No. 2002-215 of 18 February 2002 art. 4 III Official Journal of 20 February 2002)

Except where Article R. 422-61 is applied, the person subject to a disciplinary procedure shall be summoned to appear before the disciplinary board by its chairman at least fifteen days before the hearing, by registered letter with notification of receipt.

If the person prosecuted is a legal person, the summons shall be addressed under the same conditions to his legal representative.

The summons shall comprise, under the pain of invalidity, an exact statement of the facts for which the prosecution has been instituted and the reference of the legislative or regulatory provisions on the basis of which the facts are prosecuted and sanctioned. It shall be communicated to the authority that has made the referral to the board or to the author of the complaint, by registered letter with notification of receipt. A time limit of 15 days as from notification shall be imposed both on the complainant and on the industrial property attorney for submitting any written observations.

The person prosecuted, the authority that has made the referral to the board or to the author of the complaint may consult the prosecution file with the secretary to the board, particularly the report referred to in Article R. 422-60. To that end, the person prosecuted may be assisted by the person of their choice.

The file shall also be available to the members of the board.

Article R422-63

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 97-863 of 17 September 1997 art. 3 Official Journal of 24 September 1997)

(Decree No. 2002-215 of 18 February 2002 art. 4 IV Official Journal of 20 February 2002)

Unless one of its members and his alternate are affected by one of the reasons for refusal referred to in Article L. 731-1 of the Code of the Judicial organization, the disciplinary board may only meet and deliberate validly if all its members or their alternates are present.

The board shall hear the recorder who shall read out his report.

The Board may hear any witnesses and have any investigation made where it is deemed useful.

Except where the board pronounces pursuant to Article R. 422-61, the author of the complaint may attend the hearing and may be heard. With the same reservation, the person prosecuted shall speak last, together with the author of the complaint and may be assisted by the person of his choice.

The sittings of a board shall be public. However, the chairman may, ex officio or at the request of one of the parties, deny the public access to the room during the whole or part of a sitting in the interests of public order or where respect for personal privacy or for business secrecy so justifies.

Article R422-64

(Decree No. 97-863 of 17 September 1997 art. 3 Official Journal of 24 September 1997)

(Decree No. 2002-215 of 18 February 2002 art. 4 V Official Journal of 20 February 2002)

The consultation of the judges shall take place without the parties. The recorder shall not participate in the consultation, nor shall the secretary to the board.

The disciplinary decision, which shall be reasoned, shall be taken on a majority. Temporary removal for more than one year or final removal may only be pronounced by a decision taken on a majority of at least five members.

The decision shall be notified by the secretary to the party concerned, to the complainant, to the Director General of the Institute, to the Keeper of the Seals, Minister for Justice, and to the Minister responsible for industrial property by registered letter with notification of receipt within a period of 15 days as from its pronouncement.

The decision shall become executable as from its notification to the attorney who is the subject of the decision.

The decision may be referred to the Conseil d'Etat in a cassation procedure.

Article R422-65

(inserted by Decree No. 97-863 of 17 September 1997 art. 3 Official Journal of 24 September 1997)

Any company of which a member has been removed for disciplinary reasons shall be removed from the special section referred to in Article L. 422-7 by decision of the Director General of the Institute if the person concerned has not ceased to exercise his activities in that company within three months.

In addition to the notifications referred to in Article R. 422-64, the removal decision shall be notified to the registrar referred to in Article R. 422-6.

Article R422-66

(inserted by Decree No. 97-863 of 17 September 1997 art. 3 Official Journal of 24 September 1997)

Temporary or final removal from the list shall be published in the Official Bulletin of Industrial Property on the initiative of the Director General of the Institute.

Chapter III: Miscellaneous Provisions

Article R423-1

(Decree No. 97-863 of 17 September 1997 art. 4 Official Journal of 24 September 1997)

(Decree No. 2002-215 of 18 February 2002 art. 5 Official Journal of 20 February 2002)

The conditions for entry in the list referred to in Article L. 422-5 shall be assessed as of the date of entry into force of that Article. In the case of legal persons, the condition shall be assessed with regard to the authors of the application. Maintenance of the entry shall be subject to compliance with the conditions on account of which the Director General of the Institute has taken his decision.

The persons entered in the list referred to in Article L. 422-5 shall be obliged, when carrying out their professional activity, to comply with the regulations referred to in Articles L. 422-8 and R. 422-52 to R. 422-54. In the event of failure to respect their obligations, they shall be subject to the provisions of Articles R. 422-56 to R. 422-66 and the sanctions provided for by Article L. 422-10 shall apply to them.

Article R423-2

(inserted by Decree No. 97-863 of 17 September 1997 art. 4 Official Journal of 24 September 1997)

The prohibition on canvassing referred to in Article L. 423-1 shall not apply to offers of services made by postal means and addressed to professionals or undertakings. However, such offers shall be restricted to communication of general information on the firm, its organization, its staff, its services and on industrial property law.

Such information may be supplemented by indications relating to the price of services. The follow-up to such services, of such nature as to entail additional costs, shall be set out where applicable. A distinction shall be made between fees and the costs and official fees.

Advertising by means of making available brochures or pamphlets or by the insertion of announcements in specialized press or in directories shall be authorized under the same conditions.

The publication of books or articles of a legal or technical nature or the distribution of information to customers shall not be deemed to constitute advertising.

An order of the Minister responsible for industrial property, issued after having heard the National Society of Industrial Property Attorneys, may lay down standardized presentation and formulation of the information referred to in this Article. The opinion of the Society shall be deemed to have been obtained if no reply is received within one month of referral.

Sole Section: Specific Regulatory Measures for Certain Industries

Article R511-1

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Any creator of an industrial design belonging to one of the industries referred to in Article R. 511-2 or to similar industries requiring to obtain confirmation of the date of the creation of industrial designs may have recourse, to that end, to the means of proof laid down in Articles R. 511-3 to R. 551-6.

Article R511-2

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The provisions of Article R. 511-1 shall apply to the industries of engraving, embossing, jewelry, goldsmithing, bronze making and associated industries, embroidery, lace-making, silk-making, ribbon-making, fabrics and textile materials, font-making, bottle-making, furniture-making, ceramics, cut glass and glassware, upholstering, furnishing fabrics, tapestries and carpets, billiard table manufacture and related industries, wallpapers, furs and skins, costume jewelry of all types and the related industries, lithographic printing, leatherwares, corsetry, travelling goods of all kinds, saddlery and all related industries.

Article R511-3

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The designs or the graphic reproduction of three-dimensional designs shall be effected on a sheet of paper of which one side only is used; the parts that remain unused shall be filled in with hatching up to the actual limit of the design and spaced at a maximum of 20mm from each other; the size of the paper to be used shall be 21 x 29.7 or 42 x 29.7.

On the reproduction shall be mentioned all indications capable of defining the date and conditions of the creation of each design that is shown (date of creation or purchase, name of creator and, if possible, of the first person for whom it was intended).

Article R511-4

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The designs shall be press copied with their date in a copy book or reproduced by transfer to a special register made up of sheets of manilla paper sufficiently thin to prevent any scratching or overwriting; the registers shall be initialled and stamped, prior to use, by the National Institute of Industrial Property under the circumstances laid down by ministerial order.

The documents thus copied or reproduced shall occupy one side only of a sheet in one of the registers or, if the dimensions so require, the two facing sides of two separate sheets.

Article R511-5

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Either of these two registers, regularly held in chronological order, without blank nor gap, may, in the event of a dispute, be produced in order to establish the date of creation of which priority is disputed.

Article R511-6

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

In order to supplement the evidence drawn from the keeping of the registers mentioned above, the parties concerned shall be authorized to draw up in two identical copies the designs for which they wish to confirm the priority date of creation and to address those two copies to the National Institute of Industrial Property which, after entering and perforating the date of receipt, shall return one of the copies to the sender and place the other copy in its archives.

A ministerial order shall lay down the conditions for sending, safeguarding and returning designs.

Chapter II: Formalities for Filing

Article R512-1

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 2002-215 of 18 February 2002 Official Journal of 20 February 2002)

Filings of industrial designs may be effected personally by the applicant or by a representative having his place of residence, place of business or establishment in a member State of the European Community or a State party to the agreement on the European Economic Area. Receipt of the filing shall be confirmed.

It may be effected by sending to the National Institute of Industrial Property a registered postal consignment with notification of receipt or a message by any means of remote transmission defined by decision of the Director General. In such case, the date of filing shall be that of receipt at the Institute.

Article R512-2

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 2002-215 of 18 February 2002 art. 6 Official Journal of 20 February 2002)

Persons not having their place of residence or head office in a State party to the agreement on the European Economic Area shall be required, within a period of time afforded to them by the Institute, to appoint a representative who complies with the conditions set out in Article R. 512-1.

Where there is more than one applicant, a joint representative complying with those same conditions shall be appointed.

Except where he has the capacity of industrial property attorney, the representative shall attach his powers which shall extend, subject to the provisions on Article R. 513-2 and unless otherwise agreed, to all acts and to the receipt of all notifications referred to in Chapters II, III and IV of this Title. Powers shall not require legalization.

Article R512-3

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The filing shall contain:

1°. A statement of filing drawn up in accordance with the order referred to in Article R. 514-5, setting out, in particular:

a)The identification of the applicant;

b)The number of designs involved and for each of them a statement of its subject matter together with the number and title of any graphic reproductions or photographs relating thereto;

c)Where applicable, a statement that publication of the filing is to be postponed, that a priority right deriving from a preceding filing abroad is claimed or that a warranty certificate has been issued in accordance with the Act of 13 April 1908;

2°. A graphic reproduction or photograph of the designs presented in accordance with the above mentioned order: the reproduction shall be accompanied by a concise description.

The description shall be drawn up exclusively for documentary purposes. Its definitive content shall be finalized, where necessary, by the National Institute of Industrial Property;

3°.Proof of payment of the prescribed fees;

4°.If a representative is appointed, the latter's powers, unless he has the capacity of industrial property attorney.

One filing may not concern more than 100 reproductions of designs.

Article R512-4

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Filing in the simplified form referred to in Article L. 512-2, fifth paragraph, shall contain the documents and statements referred to in Article R. 512-3. However, up to waiving of the postponement referred to in Article R. 512-11, the graphic reproductions or photographs of the designs shall not be subject to the presentation requirements referred to in the second item of Article R. 512-3 and the filing shall be subject to proof of payment of a fee independent of the number of reproductions.

Article R512-5

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Claim to a priority right deriving from a preceding filing abroad when making a filing in France shall be subject to the obligation to forward to the National Institute of Industrial Property, within three months of the filing in France, an official copy of the prior filing and, where appropriate, proof of the right to claim priority.

If this obligation is not complied with, the priority shall be deemed not to have been claimed.

Article R512-6

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

On receipt of the filing, the following shall be noted on the statement: the date, the place and the serial number of the filing or the national number referred to in the following Article. A receipt for filing shall be given to the applicant.

Where filing is made at the registry of the commercial court or of the court of first instance acting in its stead, the filing documents and the amount of the fees shall be transmitted without delay to the National Institute of Industrial Property by the registrar.

Article R512-7

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

On receipt at the Institute, the filing shall be given a national number. Where it has not been possible to note it on the filing receipt, the number shall be notified to the applicant.

No correspondence or filing of subsequent documents shall be admissible if the national filing number is not mentioned or, where appropriate, is not accompanied by proof of payment of the prescribed fee.

Article R512-8

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Any filing that does not contain at least one copy of the statement of filing, even if not in the regular form, containing the particulars referred to in Article R. 512-3 (1(a)) and at least one copy of the graphic reproduction or photograph of the design or designs referred to in Article R. 512-3 (2) and not accompanied by proof of payment of the filing fee shall be declared inadmissible.

Article R512-9

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If the filing fails to comply with the requirements of Article R. 512-3 or, in the case of a simplified filing, with the requirements of Article R. 512-4, or where publication of a filing would be such as to offend morality or public policy, a reasoned notification shall be made to the applicant.

He shall be given a period of time to regularize the filing or to contest the objections of the Institute. Failing regularization or observations enabling the objection to be withdrawn, the filing shall be refused.

The notification may be accompanied by a proposal for regularization. Such proposal shall be deemed accepted if the applicant has not contested it within the period of time afforded to him.

No regularization carried out in accordance with the provisions of this Article shall have the effect of extending the scope of the filing.

Article R512-10

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

All filings recognized as in conformity shall be published in the Official Bulletin of Industrial Property, unless the applicant has requested at the time of filing the postponement of such publication for three years. Postponement of publication may concern only the filing as a whole. Publication shall be made on completion of a period of three years.

Postponement shall be automatic if the filing is made in the simplified form in accordance with Article R. 512-4.

The applicant may at any time waive the postponement. Except where the filing has been made under the simplified form, waiving of the postponement of publication may only concern the filing as a whole.

Article R512-11

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Where the filing has been made under a simplified form, the applicant shall be required, at the latest six months before the expiry of the three-year period referred to in Article R. 512-10, to waive in writing the postponement of the publication and submit to the National Institute of Industrial Property:

1.The graphic reproductions or photographs of the design or designs to be published in accordance with the presentation requirements referred to in item 2 of Article R. 512-3;

2.Proof of payment of the prescribed fees.

Failing that, the full or part lapse of the rights deriving from the filing shall be ascertained by the Director General of the National Institute of Industrial Property.

In the event of the graphic reproductions or photographs failing to conform with the requirements of Article R. 512-3 or where the reproduction supplied on waiving of postponement does not correspond identically with one of the representations attached to the simplified filing, the procedure under Article R. 512-9 shall be applied.

Article R512-12

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The request for lifting revocation of rights referred to in Article L. 512-3 shall be submitted to the Director General of the Institute.

Requests shall be declared inadmissible if:

1°. They are not preceded by the accomplishment of the omitted formality;

2°. They are submitted more than two months after the impediment has ceased;

3°. They concern a time limit that was due more than six months previous;

4°. They are not accompanied by proof of payment of the prescribed fee.

The decision shall be reasoned. It shall be notified to the requester and entered ex officio in the National Designs Register.

Article R512-13

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The National Designs Register shall be kept by the National Institute of Industrial Property.

There shall be entered therein for each filing:

1°. Identification of the holder and the filing references together with subsequent acts affecting its existence or scope;

2°. Acts modifying the ownership of a design or enjoyment of the rights deriving from it; in the event of a claim to ownership, the corresponding transfer;

3°. Changes of name, of legal form or of address or corrections of clerical errors in the entries.

No entry shall be made in the Register until the filing has been made public as set out in Article R. 512-10.

Article R512-14

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The particulars referred to in Article R. 512-13, second paragraph, item 1, shall be entered at the initiative of the National Institute of Industrial Property or, in the case of a final annulment judgment, at the request of the registrar or of one of the parties.

Article R512-15

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Acts affecting the ownership of the filing of an industrial design or the enjoyment of the rights deriving therefrom, such as transfer, assignment of a right of exploitation, constitution or transfer of a pledge or renunciation thereof, restraint, validation and withdrawal of restraint, shall be entered at the request of one of the parties to the act.

The request shall comprise:

1°. A form requesting entry;

2°. One of the originals of the private agreement ascertaining the change in ownership or enjoyment or a copy of such act if authentic;

3°. A reproduction of the above mentioned act if the requester wishes the original or the copy to be returned to him or an extract if he wishes the entry to be restricted to the latter;

4°. Proof of payment of the prescribed fee;

5°. Where appropriate, the powers of the representative, unless the latter has the capacity of industrial property attorney.

Article R512-16

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Notwithstanding Article R. 512-15, second paragraph, item 2, the following may be submitted with the request:

1°. In the event of a change mortis causa: any act establishing the transfer, at the request of the heirs or legatees;

2°. In the event of transfer by reason of merger, hiving off or absorption, a copy certified by the registrar or the Director General of the Institute of the corresponding acts filed at annex to the Register of Commerce and Companies;

3°. Subject to proof of the physical impossibility of submitting the original or a copy: any document proving the change in ownership or enjoyment.

Article R512-17

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Changes in name and address and corrections to clerical errors shall be entered at the request of the holder of the filing. However, where such changes and corrections concern an act already entered, the request may be submitted by any party to the act.

The request shall comprise:

1°. A form to request entry;

2°. Evidence of the change that has occurred or of the existence of the clerical error to be corrected;

3°. Proof of payment of the prescribed fee;

4°. Where appropriate, the powers of the representative, unless the latter has the capacity of industrial property attorney.

Article R512-18

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

In the event of non-compliance of the request for entry, the procedure under Article R. 512-9 shall be applied.

The same procedure shall apply to the evidence referred to in Articles R. 512-16(3) and R. 512-17, second paragraph, item 2.

Article R512-19

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Any entry made in the National Designs Register shall be notified in the Official Bulletin of Industrial Property.

Any person concerned may obtain from the Institute:

1°. A certificate of identity containing the particulars relating to the filing, the national number and, where appropriate, any relevant renunciations or extensions;

2°. A reproduction of the entries made in the National Designs Register;

3°. A certificate attesting that there is no entry in the register.

Chapter III: Term of Protection

Article R513-1

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 2002-215 of 18 February 2002 art. 7 Official Journal of 20 February 2002)

The extension of the filing of a design or model provided for in Article L. 513-1 may result from a declaration of the owner drawn up in accordance with the order referred to in Article R. 514-5. It may be determined therein that the extension shall be valid for certain designs or models.

Subject to inadmissibility, the declaration shall:

1°. Be submitted within the final six months preceding expiry of each period of protection by the person concerned or his representative, who shall attach powers unless he has the capacity of industrial property attorney. Nevertheless, the first extension can be requested at the moment of filing;

2°. Comprise the identification of the owner and that of the filing to be renewed and be issued by the registered owner on the day of declaration at the National Register of Designs and Models;

3°. Be accompanied by proof of payment of the prescribed fee.

Article R513-2

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The holder of a design filing may at any time renounce his filing. Renunciation may be limited to a part of his filing. It shall be made by a written declaration addressed or handed to the Institute.

A declaration of renunciation may concern one filing only. It shall be formulated by the holder or by his representative, who, unless he has the capacity of industrial property attorney, shall present special powers.

It shall state whether exploitation rights or pledges exist. If so, it shall be accompanied by the written consent of the person holding such a right or of the pledgee.

In the event of more than one depositor, renunciation can only be effected if it is requested by all the depositors.

Renunciation shall not prevent the publication referred to in Article R. 512-10 except, in the event of full renunciation, if it has been submitted before the beginning of the technical preparation undertaken for such publication.

Article R513-3

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The duration of the technical preparation referred to in Article R. 513-2 shall be laid down by decision of the Director General of the Institute.

Section 1: Procedure

Article R514-1

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The time limits afforded by the National Institute of Industrial Property in accordance with this Title shall be neither less than one month nor more than four months.

Article R514-2

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Where a time limit is expressed in days, that of the act, the event, the decision or the notification that initiates the time limit shall not count.

Where a time limit is expressed in months or in years, it shall expire on the day of the last month or of the last year that bears the same number as the day of the act, the event, the decision or the notification that generates the time limit. Failing a day of the same number, the time limit shall expire on the last day of the month.

Where a time limit is expressed in months and in days, the months shall be counted first and then the days.

All time limits shall expire on the last day at midnight.

A time limit that would normally expire on a Saturday, a Sunday or a holiday or non-working day shall be extended to the first working day thereafter.

Article R514-3

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

All notifications shall be deemed regular if made:

1°. Either to the owner of the filing last declared to the Institute or, after the publication under Article R. 512-10, to the last owner entered in the National Designs Register;

2°. Or to the representative of the above mentioned owner.

If the owner has his place of residence abroad, the notification shall be deemed regular if made to the last representative he has appointed with respect to the Institute.

Article R514-4

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The notifications referred to in Chapters II, III and IV of this Title shall be made by registered mail with notification of receipt.

Registered mail may be replaced by the handing of the letter to the addressee, against receipt, at the premises of the Institute.

If the address of the addressee is unknown, the notification shall be made by publication of a notice in the Official Bulletin of Industrial Property.

Article R514-5

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The conditions for submitting the filing and the content of the file shall be determined by order of the Minister responsible for industrial property, in particular as regards:

1°. The declaration of filing and the physical specifications to be met by the graphic reproduction or photograph referred to in Article R. 512-3;

2°. The declaration of extension referred to in Article R. 513-1;

3°. The request for entry in the National Designs Register referred to in Articles R. 512-15 and R. 512-17;

4°. The conditions for simplified filings referred to in Article L. 512-2.

Section 2: Transitional Provisions

Article R514-6

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Articles R. 512-1 to R. 514-5 shall apply to filings taking effect on 15 September 1992 subject to the following provisions:

1°. Filings made prior to 15 September 1992 shall remain subject, in relation to the conditions for the physical presentation, to the previously applicable provisions;

2°. Requests for maintenance, requests for publication or extension, requests for restoral or communication submitted prior to 15 September 1992 shall be dealt with in accordance with the provisions previously in force;

3°. Filings made for five years and kept secret shall be maintained secret if the owner does not request extension of their effects up to 25 years. The request shall be submitted, prior to expiry of five years, in accordance with Article R. 513-1;

4°. Filings made for 25 years and kept secret shall be maintained in secret unless the owner renounces secrecy in accordance with Article R. 512-10 or does not request extension of their effects for a second 25-year period in accordance with Article R. 513-1;

5°. Only entries made at the initiative of the Director General of the Institute and relating to acts that have occurred after 15 September 1992 shall be entered in the Register.

Sole Chapter Withholding at Customs

Article R521-1

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The request for withholding of goods by the customs administration referred to in Article L. 521-7 shall comprise:

1°. The surname and forenames or company name of the requester, his place of residence or of business;

2°. Where appropriate, the name and address of his representative and proof of his powers;

3°. The capacity of the requester in relation to the rights he invokes;

4°. The subject matter and national number of the design concerned, accompanied by a certificate of identity issued by the National Institute of Industrial Property;

5°. The description of the allegedly infringing goods whose withholding is requested.

The request referred to in the preceding paragraph may be made prior to entry of the allegedly infringing goods into French territory. In such case, it shall be valid for one year and may be renewed.

The conditions for submitting the request shall be set out by order of the Minister responsible for the budget.

Section 2: Right to Title

Sub-Section 1: Employee Inventions

Article R611-1

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

An employee who is the author of an invention shall immediately declare the fact to his employer.

In the event of more than one inventor, a joint declaration may be made by all the inventors or by some of them only.

Article R611-2

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The declaration shall contain such information, in the possession of the employee, that is adequate to enable the employer to assess the classification of the invention in one of the categories referred to in paragraphs 1. and 2. of Article L. 611-7.

Such information shall concern:

1°. The subject matter of the invention together with the envisaged applications;

2°. The circumstances in which it was made, for example: instructions or directives received, experience or work of the enterprise used, any collaboration received;

3°. The classification of the invention in the view of the employee.

Article R611-3

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Where classification implies the existence for the employer of a right of attribution, the declaration shall be accompanied by a description of the invention.

Such description shall set out:

1°. The problem that faced the employee, taking into possible account the prior state of the art;

2°. The solution he provided;

3°. At least one example of an embodiment, possibly accompanied by drawings.

Article R611-4

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If, contrary to the classification of the invention on the basis of the employee's declaration, the employer's right of attribution is subsequently recognized, the employee, where appropriate, shall immediately supplement his declaration with the information referred to in Article R. 611-3.

Article R611-5

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If the employee's declaration does not comply with the provisions of Article R. 611-2 (1° and 2°) or, where appropriate, of Article R. 611-3, the employer shall communicate to the person concerned the exact points on which the declaration should be supplemented.

Such communication shall be made within two months as from the date of receipt of the declaration. Failing that, the declaration shall be deemed in conformity.

Article R611-6

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Within a period of two months, the employer shall give his consent to the classification of the invention on the basis of the employee's declaration or, failing an indication of the classification, shall inform the employee, by reasoned communication, of the classification he has chosen.

The two-month period shall begin on the date of receipt by the employer of the employee's declaration containing the information referred to in Article R. 611-2 or, in the event of a justified request for additional information recognized as such, from the date on which the declaration has been supplemented.

An employer who does not act within the prescribed time limit shall be deemed to have accepted the classification based on the employee's declaration.

Article R611-7

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The time limit afforded the employer to claim the right of attribution shall be four months, unless otherwise agreed by the parties which may not be subsequent to the declaration of the invention.

The time limit shall begin on the date of receipt by the employer of the declaration of the invention containing the particulars referred to in Articles R. 611-2 (1 and 2) and R. 611-3 or, in the event of a request for supplementary information recognized to be justified, from the date on which the declaration was supplemented.

The claim to the right of attribution shall be made by sending to the employee a communication setting out the nature and scope of the rights which the employer wishes to claim.

Article R611-8

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The time limits referred to in Articles R. 611-5 to R. 611-7 shall be suspended in the event of institution of legal action with regard to the regularity of the declaration or the justification for the classification of the invention invoked by the employee or by referral, for the same purposes, to the Joint Conciliation Board referred to in Article L. 615-21.

The time limit shall begin on the day on which a final decision has been taken.

Article R611-9

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Any declaration or communication made by the employee or by the employer shall be made by registered mail with notification of receipt or by any other means providing evidence that it has been received by the other party.

The declaration referred to in Article R. 611-1 may result from transmission by the National Institute of Industrial Property to the employer, under the conditions laid down by decree of the Minister responsible for industrial property, of the second copy of a letter addressed by the employee to the Institute for safekeeping.

This procedure shall be optional for the inventions referred to in the first paragraph of Article L. 611-7.

Article R611-10

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The employee and the employer shall refrain from any disclosure of the invention for as long as lack of agreement subsists as to its classification or for as long as no decision has been taken on it.

If one of the parties, in order to maintain his rights, files an application for a patent, the party shall notify without delay a copy of the filing documents to the other party.

It shall exhaust the possibilities provided by the applicable legislation and regulations in order to defer publication of the application.

Sub-Section 2: Inventions by Officials and Public Servants

Article R611-11

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Officials and public servants of the State, of local authorities, of public establishments and of any public law legal person shall be subject to the provisions of Article L. 611-7 in accordance with the conditions laid down in this Subsection, unless more favorable contractual provisions govern the industrial property rights in inventions they make. These provisions shall not constitute an obstacle to the maintenance or to the application, with respect to such officials and public servants, of more favorable regulatory measures.

Article R611-12

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 96-857 of 2 October 1996 art. 1, annexe Official Journal du 3 October 1996)

1 Inventions made by an official or public servant in the execution either of tasks comprising an inventive mission corresponding to his attributions, or of studies or research explicitly entrusted to him shall belong to the public person on behalf of whom he carries out those tasks, studies or research. However, if the public person decides not to develop the invention, the official or public servant who has made the invention may enjoy the economic rights deriving from the invention in accordance with the conditions laid down in an agreement concluded with the public person.

2 All other inventions shall belong to the official or public servant.

However, the public employer shall have the right, under the conditions and time limits laid down in this Subsection, to have attributed to him all or a part of the rights deriving from the patent protecting the invention where the invention has been made by an official or a public servant:

Either in the course of carrying out his duties;

Or in the field of activity of the public body concerned;

Or through knowledge or use of techniques, specific means of such body or of data obtained by that body.

Article R611-13

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Where the same public servant carries out his activities on behalf of more than one public person, those public persons shall act concertedly in accordance with the conditions to be determined by order or by an agreement brought to the knowledge of the servants concerned for the exercise of rights and the execution of obligations laid down by this Subsection.

Article R611-14

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

An official or public servant who makes an invention shall immediately declare the invention to the authority empowered by the public person to which it belongs.

The provisions of Articles R. 611-1 to R. 611-10 relating to the obligations of employee and employer shall apply to officials and public servants and to the public persons concerned.

Article R611-14-1.

(Decree No. 96-857 of 2 October 1996 art. 2, annexe Official Journal du 3 October 1996)

(Decree No. 97-843 of 10 September 1997 art. 1 Official Journal of 17 September 1997)

(Decree No. 2001-140 of 13 February 2001 art. 1 and art. 2 Official Journal of 15 February 2001)

- For officials or public servants of the State and of its public establishments governed by the provisions applicable to the bodies and employments shown in the list annexed to this Chapter and who are the authors of an invention referred to in item 1 of Article R. 611-12, the additional remuneration referred to in Article L. 611-7 shall be constituted by a bonus share in the proceeds derived from the invention by the public person that is the beneficiary of the invention.

II. The additional remuneration due as a profit-sharing bonus shall be paid annually and advances may be made throughout the year.

In each case, it is calculated on the basis of the pre-tax revenue from royalties received each year for the invention by the public servant after deduction of all direct costs borne by the former and including the coefficient representing the contribution of the employee concerned to the invention.

The additional remuneration paid to each public servant who is the author of an invention shall be 50% of the basis specified above, the ceiling being the gross annual salary with pension deductions corresponding to the second group grade outside level D and, beyond this amount, 25% of that basis.

III. When several employees are the authors of the same invention, the importance of the respective contribution of each of them to the invention, represented by a coefficient, shall be definitively determined before the first annual payment or, where applicable, before the payment of advances, in accordance with the arrangements decreed by the Minister having authority over the service or by the principal authorising officer of the public service. When a sole employee is the author of the invention, the coefficient representing their contribution is 1.

If the invention is a result of collaboration between servants belonging to several different public persons, the conditions of distribution and the payment of the profit sharing bonus shall be decided jointly by the public persons concerned.

IV. Where the invention has been made by a servant in the framework of his main activity, the remuneration due as a bonus shall be paid to the person concerned in addition to the remuneration for his activity without limitation other than that set out in this decree.

Where applicable, it shall continue to be paid to the servant during the period of working of the invention despite the fact that he leaves his functions for any reason whatsoever or he claims his retirement benefits.

V. In the event of death of the servant, the profit sharing bonus shall be paid up to the end of the year during which he dies.

Annex: : Civil Servants and public servants who are authors of an invention.

National Education, Higher Education and Research.

Bodies of Officials:

- researchers, engineers, assistant engineers and research technicians governed by Decree No. 83-1260 of 30 December 1983 as amended.

- researcher-professors governed by Decree No. 84-431 of 6 June 1984 as amended and researcher-professors belonging to specific bodies of which the list is given at annex to this Decree.

- engineers, assistant engineers and research and training technicians

governed by Decree No. 85-1534 of 31 December 1985 as amended.

- Chief engineers in nuclear physics, engineers in nuclear physics, chief technicians in nuclear physics, technicians in nuclear physics, workshop technicians in nuclear physics, research technicians in nuclear physics, nuclear physics preparers and nuclear physics prototypists, governed by Decree No. 85-1462 of 30 December 1985 as amended.

- Research representatives of the National Scientific Research Centre, governed by Decree No. 95-1461 of 30 December 1985;

Non-confirmed Civil Servants:

- researchers governed by Decree No. 80-31 of 17 January 1980 as amended.

- engineers and specialists governed by Decree No. 59-1405 of 9 December 1959 as amended.

- scientific and contractual staff governed by Decree No. 80-479 of 27 June 1980.

- professors and associated lecturers pursuant to Article 54, paragraph 2, of Act No. 84-52 of 26 January 1984 and Act No. 85-1223 of 22 November 1985.

- research allocatees governed by Decree No. 85-402 of 3 April 1985 as

amended by Decree No. 92-339 of 30 March 1992.

- training college instructors and allocatee-instructors governed by Decree No. 89-794 of 30 October 1989 as amended.

- pharmacy instructors governed by Decree No. 92-1229 of 19 November 1992 as amended.

- temporary teaching and research staff governed by Decree No. 88-654 of 7 May 1988 as amended.

- Researchers associated to the National Scientific Research Centre governed by Decree No. 69-894 of 26 September 1969 as amended.

- contractual agents outside classification, exceptional and first grade contractual agents, governed by the internal regulations of 30 March 1988 containing the provisions applicable to the contractual employees of the National Centre for Agricultural Machinery, Rural Engineering and Water and Forests.

- Engineers and specialists at the National Centre for Health and Medical Research, governed by Decree No. 64-420 of 12 May 1964 as amended.

- Expert engineers of the National Institute for Computers and Automation governed by Decree No. 86-83 of 17 January 1986 as amended.

- Employees recruited by public institutions of a scientific and technological nature in application of the provisions of Article 23 of Act No. 82-610 of 15 July 1982, as amended, on policy and research on technological programming in France.

Higher education, research and social affairs:

- teaching and hospital staff of teaching hospitals governed by Decree No.

84-135 of 24 February 1984 as amended.

- teaching and hospital staff of dental care, teaching and research centres of teaching hospitals governed by Decree No. 90-92 of 24 January 1990 as amended.

- first and second grade professors in dental and odontological surgery of the dental consultation and treatment services governed by Decree No.65-803 of 22 September 1965 as amended.

Ministry of Agriculture, Fishery and Food.

Body of Officials:

- rural, water and forestry engineers governed by Decree No. 65-426 of 4 June 1965 as amended.

- agronomical engineers governed by Decree No. 65-427 of 4 June 1965 as amended.

- water and forestry engineers governed by Decree No. 70-128 of 14 February 1970 as amended.

- rural engineers governed by Decree No. 65-688 of 10 August 1965 as

amended.

- agricultural engineers governed by Decree No. 65-690 of 10 August 1965 as amended.

- veterinary inspectors governed by Decree No. 62-1439 of 26 November 1962 as amended.

- scientific staff of the National Veterinary and Foodstuffs Study Center governed by Decree No. 64-642 of 29 June 1964 as amended.

- researcher-professors of the higher public education establishments responsible to the Minister responsible for agriculture governed by Decree No. 92-171 of 21 February 1992.

- engineers, assistant engineers and technicians governed by Decree No. 95-370 of 6 April 1995.

- technicians of the services of the Minister responsible for agriculture

governed by Decree No. 96-501 of 7 June 1996.

Non-confirmed Civil Servants:

- associate or invited staff in higher education and research establishments responsible to the Minister responsible for agriculture governed by Decree No. 95-621 of 6 May 1995.

- contractual teaching and research assistants of the public higher education establishments responsible to the Minister responsible for agriculture governed by Decree No. 91-374 of 16 April 1991.

Industry:

Body of officials:

- Body of mining engineers governed by Decree No. 88-507 of 29 April 1988, as amended by Decree No. 94-449 of 31 May 1994.

- Industry and mining engineers governed by Decree No. 88-507 of 29 April 1988 as amended.

- Professors, lecturers and assistants of the higher public education establishments of mining and higher public education establishments of industrial techniques governed by Decree No. 69-444 of 14 May 1969 as amended.

- Laboratory technicians assigned to higher public education establishments of mining and higher public education establishments of industrial techniques and mining and governed by Decree No. 96-273 of 26 March 1996 as amended.

- Interministerial body of telecommunications engineers governed by Decree No. 67-715 of 16 August 1967.

- Civil Servants delegated to employment in the group of telecommunications public higher education establishments pursuant to Article 36 (1) of Decree No. 96-1177 of 27 December 1996.

Non-confirmed Civil Servants

- Research personnel in the Higher Public Education Establishments of Mining of Paris and Saint-Etienne governed by Decree No. 71-999 of 7 December 1971.

- Teaching personnel, researchers and affiliated engineers governed by Decree No. 70-663 of 10 July 1970 as amended.

- Contractual employee “exceptional category” representatives, “normal category” contractual employee representatives, non-confirmed contractual employees and 1st category contractual employees governed by Decree No. 75-62 of 28 January 1975 as amended.

- Public law contractual employees of the group of telecommunications establishments recruited pursuant to Article 36 (2) of Decree No. 96-1177 of 27 December 1996 and governed by Decree No. 86-83 of 17 January 1986 as amended.

Ministry of Equipment, Transport and Housing.

Body of Officials:

- roadworks engineers governed by Decree No. 59-358 of 20 February 1959 as amended;

- research workers and research directors governed by Decree No. 94-943 of 28 October 1994;

- state public works engineers governed by Decree No. 71-345 of 5 May 1971 as amended;

- surveyors governed by Decree No. 65-793 of 16 September 1965 as amended by Decree No. 90-160 of 16 February 1990;

- state surveyors and cartographers governed by Decree No. 73-264 of 6 March 1973 as amended;

- civil aviation engineers governed by Decree No. 71-234 of 30 March 1971 as amended;

- civil aviation study and exploitation engineers governed by Decree No.71-907 of 8 November 1971 as amended;

- air traffic controllers governed by Decree No. 90-998 of 8 November 1990 as amended;

- air safety systems electronics engineers governed by Decree No. 91-56 of 16 January 1991 as amended by Decree No. 94-278 of 11 April 1994;

- meteorological engineers governed by Decree No. 63-1376 of 24 December 1963 as amended;

- meteorological work engineers governed by Decree No. 65-184 of 5 March 1965 as amended.

Non-confirmed Civil Servants:

- non-confirmed staff of category A level governed by the following provisions:

- decision of 18 March 1992 of the Minister of State, Minister for the Public Service and Modernization of the Administration, Minister for Equipment, Housing, Transport and Space and the Deputy Minister for the Budget;

- regulation of 14 May 1973 governing non-established staff of the Central Laboratory of Public Works and the technical study centers for equipment;

- internal Regulations of 30 October 1969 as amended relating to

non-established staff employed by the technical study services for roads

and motorways;

- Order of 10 July 1968 relating to the conditions for recruiting and paying technical and administrative contractual staff of the Ministry of Equipment and Housing carrying out high-level studies in the economic and international affairs service and in the roads and motorways technical studies service, as amended by Order of 27 March 1973 on the same subject;

- Decree No. 46-1507 of 18 June 1946 laying down the status of auxiliary staff recruited by contract by the Ministry for Public Works and Transport for the bridges and road service, as amended by Decrees No. 68-313 of 1 April 1968 and No. 75-1355 of 18 December 1975 on the same subject;

- Decree No. 48-1018 of 16 June 1948 as amended laying down the status of contractual servants of the Ministry of Public Works of Transport, Transport and Tourism;

- internal regulations of 4 June 1970 relating to non-confirmed staff employed by the Regional Directorate for Equipment of the Ile de France.

Sub-Section 3: Designation of Inventor and Claim to Ownership

Article R611-15

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The National Institute of Industrial Property shall not verify the correctness of designation of inventor referred to in Article R. 612-10.

Article R611-16

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The designated inventor shall be mentioned as such in publications of the patent application and of the patent specification. If that cannot be done, he shall be mentioned in the copies of the publications of the patent application or the patent specification not yet distributed. The mention shall be made at the request of the applicant or holder of the patent.

The provisions of the preceding paragraph shall apply where a third party submits to the National Institute of Industrial Property a final decision recognizing his right to be designated. In the case referred to in the second sentence of that paragraph, the third party may also ask to be mentioned in the copies of publications of the patent application or the patent specification not yet distributed.

The provisions of the first paragraph shall not apply where the inventor designated by the applicant or the patent owner renounces his designation in a written communication to the National Institute of Industrial Property.

Article R611-17

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The designation of inventor may be corrected only by a request accompanied by the consent of the person wrongly designated and, if the request is not submitted by the applicant or the owner of the patent, the consent of either one of those persons. The provisions of Article R. 612-10 shall apply.

If a mistaken designation of inventor has been entered in the National Patent Register or published in the Official Bulletin of Industrial Property, the entry or publication shall be corrected. The mention of the mistaken designation of inventor shall be corrected in the copies of the publications of the patent application or the patent specification not yet distributed.

The provisions of the preceding paragraph shall apply in the event of the designation of inventor being annulled by a court.

Article R611-18

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Proceedings to claim ownership of a patent application or a patent shall be entered in the National Patent Register at the request of the person who has instituted the proceedings.

If a court decision is given in favor of the person who has instituted the proceedings, the copies of the patent application or of the patent in the possession of the National Institute of Industrial Property for the purposes of public inspection or for sale shall have a note affixed thereon showing the change in ownership of the patent.

Article R611-19

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The patent granting procedure shall be suspended at the written request of any person providing evidence that he has instituted proceedings before the first instance court to claim ownership of the patent application.

Suspension of the procedure shall take effect on the day on which evidence is produced and shall apply in particular to the time limit referred to in the first paragraph of Article L. 612-15; however, it shall not prevent application of Article R. 612-39.

The patent granting procedure shall be resumed once the court decision has become final; it may also be resumed at any time with the written consent of the person who has instituted the proceedings to claim ownership of the patent application; such consent shall be irrevocable.

The suspension and resumption of the procedure shall be entered in the National Patent Register.

Article R611-20

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

As from the date on which a person provides evidence that he has instituted proceedings, the owner of the application or the patent may not withdraw his application or renounce his patent in whole or for one or more of the claims contained therein except with the written consent of the person who has instituted the proceedings to claim ownership.

Section 1: Filing of Applications

Article R612-1

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

A patent application shall be filed either with the National Institute of Industrial Property or with a prefecture other than that of Paris.

The filing may be effected by sending to the National Institute of Industrial Property by registered mail with notification of receipt or by a message using any type of remote transmission defined by decision of its Director General. In such case, the date on which the documents are submitted shall be the date of receipt at the National Institute of Industrial Property.

Article R612-2

(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

(Decree No. 97-863 of 17 September 1997 art. 5 Official Journal of 24 September 1997)

(Decree No. 2002-215 of 18 February 2002 art. 8 Official Journal of 20 February 2002)

The filing may be made by the applicant in person or by a representative having his place of residence, his place of business or an establishment in a member State of the European Community or in a State party to the agreement on the European Economic Area. Subject to the exceptions referred to in Articles L. 422-4 and L. 422-5, the representative appointed for the filing and accomplishment of any subsequent act relating to the patent granting procedure, with the exception of the simple payment of fees, shall be required to have the capacity of industrial property attorney.

Natural or legal persons not having their place of residence or their place of business in a member State of the European Community or in a State party to the agreement on European economic space shall be required to appoint a representative who meets the conditions set out in the preceding paragraph within two months as from the date of receipt of the notification addressed to them for that purpose. In the event of more than one applicant, a joint representative meeting the same conditions shall be appointed.

Except where he has the capacity of industrial property attorney, the representative shall be required to attach powers that extend, subject to the provisions of Articles R. 612-38 and R. 613-45 and, unless agreed to the contrary, to all acts and to the receipt of all modifications referred to in Articles R. 611-15 to R. 611-20, R. 612-1 to R. 613-3, R. 613-45 to R. 613-65, R. 616-1 to R. 616-3 and R. 618-1 to R. 618-4. The powers shall not require legalization.

Article R612-3

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The patent application shall comprise a request for grant of a patent of which the form shall be laid down by decision of the Director General of the National Institute of Industrial Property and to which shall be attached:

1°. A description of the invention, accompanied where appropriate by drawings;

2°. One or more claims;

3°. An abstract of the technical content of the invention;

4°. Where appropriate, a copy of any earlier filings of which elements are reproduced as set out in Article L. 612-3; the elements that are reproduced shall be highlighted therein.

Article R612-4

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The patent application shall not contain:

1°. Elements or drawings of which the publication or implementation would be contrary to public policy or morality;

2°. Statements disparaging the products or processes of any particular person other than the applicant, or the merits or validity of applications or patents of any such person. Mere comparisons with the prior art shall not be considered disparaging in themselves;

3.Elements obviously irrelevant to the description of the invention.

Article R612-5

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The patent application shall be followed, within one month of the filing of the documents, by payment:

1°. Of the filing fee;

2°. Of the search report fee, unless the drafting of the report has been deferred.

Article R612-6

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

A receipt stating the date of submission of the documents shall be issued to the applicant either by the National Institute of Industrial Property or by the prefecture.

When they are filed with a prefecture, the documents shall be immediately transmitted to the National Institute of Industrial Property in Paris, accompanied by a duplicate of the receipt.

Article R612-7

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Within 15 days of the filing or arrival of the documents at the National Institute of Industrial Property in Paris, that Institute shall allocate to the patent application a national registration number and shall notify the number without delay to the applicant. No subsequent correspondence or filing of documents shall be admissible without reference to that number.

Article R612-8

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Enjoyment of the filing date of the patent application shall be acquired on the date of filing of at least one copy of the documents listed in Article L. 612-2, drawn up in French, save for the exception under Article R. 612-21. Enjoyment of the filing date shall be acquired even if those documents are irregular in form.

If one of the elements referred to in the preceding paragraph is missing, the applicant shall be invited to supplement the patent application within one month.

If the applicant complies with the invitation, the filing date shall be that on which the application was supplemented; that date shall be notified to the applicant. If such is not the case, the application shall be declared inadmissible; the elements filed shall be returned to the applicant and any fees that have been paid shall be refunded to him.

Article R612-9

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If the drawings are filed after the filing date referred to in the preceding Article, the applicant shall be informed that the drawings and the references made to the drawings in the patent application shall be deleted unless he submits, within one month, a request for the obtaining of a patent having as its date the day on which the drawings are filed.

If the drawings have not been submitted, the applicant shall be invited to remedy the omission within one month; he shall be informed that the patent application shall take the date of the day on which the drawings are filed and failing that the references made to the drawings shall be deleted.

Where appropriate, the new filing date shall be notified to the applicant.

Article R612-10

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The request for grant shall be signed by the applicant or his representative. It shall contain:

1°. The nature of the industrial property title sought;

2°. The title of the invention, which shall clearly and concisely state the technical designation of the invention and shall exclude all fancy names;

3°. The designation of the inventor; however, if the applicant is not the inventor or not the sole inventor, the designation shall be made in a separate document containing the surname, forenames and place of residence of the inventor together with the signature of the applicant or of his representative;

4°. The surname and forenames of the applicant, his nationality, his place of residence or of business;

5°. The name and address of the representative, if a representative has been appointed.

Article R612-11

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The request for grant shall be supplemented, where appropriate, by particulars relating to:

1°. The deferred drafting of the search report;

2°. Facilities requested for payment of the fee for drafting that report;

3°. A reduction in the rate of fees afforded the applicant or requested by him;

4°. Earlier filings of which elements may have been reproduced;

5°. Claimed priorities;

6°. Showing of the invention in an official or officially-recognized exhibition.

In the event of non-compliance with the provisions of Article R. 612-10(3), the applicant shall be invited to regularize his application within a period of 16 months as from the filing date or from the earliest date enjoyed by the application or, if priority has been claimed, from the priority date.

Any declaration of priority and any request to enjoy the filing date of an earlier application shall be subject to payment of a fee.

Article R612-12

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The description shall contain:

1°. A statement of the technical field to which the invention relates;

2°. A statement of the background art known to the applicant and which can be regarded as useful for understanding the invention and drawing up the search report; the documents reflecting the prior art shall be cited wherever possible;

3°. Disclosure of the invention, as claimed, in such terms that the technical problem and the solution proposed can be understood; where appropriate, any advantageous effects of the invention with reference to the prior art shall be stated;

4°. A brief description of the drawings, if any;

5°. A detailed description of at least one way of carrying out the invention; the description should normally be accompanied by examples and references to the drawings, if any;

6°. A statement of the way in which the invention is capable of exploitation in industry if such exploitation is not obvious from the description or the nature of the invention.

Article R612-13

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The description shall be presented in the manner and order referred to in Article R. 612-12, unless the nature of the invention means that a different manner or a different order would afford a better understanding and a more economic presentation.

In addition, the following may be annexed at the end of the description:

1°. Short extracts from computer programs presented in the form of lists written in current programming languages, where necessary for the understanding of the invention;

2°. Lists of nucleotide and/or amino acid sequences;

3°. Chemical or mathematical formulae.

Schematic representations of stages in a process, diagrams and short extracts from computer programs submitted in the form of organigrams required for the understanding of the invention shall be considered to be drawings.

Article R612-14

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

In the case referred to in the second paragraph of Article L. 612-5, the culture shall be deposited at the latest on the filing date of the patent application and the description shall detail:

1°. The information available to the applicant regarding the characteristics of the microorganism;

2°. The authorized body with which the culture has been deposited, together with the deposit number.

The information referred to in item 2 in the preceding paragraph may be supplied within a period of 16 months as from the filing date or of the earliest date enjoyed by the patent application or, if priority is claimed, from the priority date, or on the occasion of the request referred to in Article L. 612-21 if such request is submitted prior to expiry of that time limit. The communication of this information shall imply on the part of the applicant his irrevocable and unreserved consent to the deposited culture being made available to the public in accordance with Articles R. 612-42 and R. 612-43.

Article R612-15

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If the culture ceases to be available either because it is no longer viable or because the authorized body is no longer able to supply samples, such interruption shall not be taken into account provided that:

1°. A new deposit of the microorganism is made within three months as from the date on which the interruption was notified to the applicant or to the holder of the patent either by the authorized body or by the National Institute of Industrial Property;

2°. A copy of the deposit receipt issued by the authorized body, accompanied by the number of the patent application or patent, is communicated to the National Institute of Industrial Property within four months of the new deposit date.

Where interruption results from non-viability of the culture, the new deposit shall be made with the authorized body that had received the initial deposit; in the other cases, it may be made with any authorized body.

The new deposit shall be accompanied by a written declaration by which the depositor certifies that the microorganism is the same as that of the initial deposit.

The bodies authorized to receive deposits of microorganisms shall be designated by order of the Minister responsible for industrial property.

Article R612-16

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The claims shall define the matter for which protection is sought in terms of the technical features of the invention. The claim may not, except where absolutely necessary, rely in respect of the technical features of the invention on simple references to the description or drawings.

Article R612-17

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

All claims shall comprise:

1°. A preamble giving the designation of the subject matter of the invention and those technical features which are necessary for the definition of the claimed elements but which, in culmination, are part of the prior art;

2°. A characterizing portion, preceded by an expression of the type “characterized by” stating the technical features which, in combination with the features stated in item 1, it is designed to protect.

However, a different manner may be adopted if justified by the nature of the invention.

Article R612-18

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Subject to the first paragraph of Article L. 612-4, a patent application may contain two or more independent claims in the same category (product, process, apparatus or use) where it is not appropriate, having regard to the subject matter of the application, to cover this subject matter by a single claim.

Any claim stating the essential features of an invention may be followed by one or more claims concerning particular embodiments of that invention.

Article R612-19

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Pursuant to Article L. 612-4, one and the same patent application may include, in particular, either:

1.An independent claim for a product, an independent claim for a process designed specifically for the manufacture of that product, and an independent claim for a use of such product;

2.An independent claim for a process, and an independent claim for a device or means specifically designed for the implementation of the process;

3.An independent claim for a product, an independent claim for a process designed specifically for the manufacture of that product and an independent claim for a device or means specially designed for the implementation of the process.

Article R612-20

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The abstract shall be drawn up exclusively for use as technical information. It may not be taken into account for any other purpose, in particular not for the purpose of interpreting the scope of the protection sought or for the purpose of applying the third paragraph of Article L. 611-11.

The final content of the abstract shall be drafted, where necessary, by the National Institute of Industrial Property. It shall be published in the Official Bulletin of Industrial Property at the same time as the notice referred to in Article R. 612-39 or, subsequent to that notice, immediately after it has been finalized.

Article R612-21

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The descriptions and claims contained in applications as filed may be drafted in a foreign language:

Either by foreign natural or legal persons, provided that the country of which those persons are nationals affords equivalent treatment to French nationals;

Or by natural or legal persons to whom has been assigned an application filed abroad or a priority right in such application, provided that the country in which the initial application was filed affords equivalent treatment to French nationals.

If use is made of this faculty, a translation of the documents shall be furnished by the applicant within three months as from the filing date of the patent application.

The list of countries considered to afford equivalent treatment and the national language or one of the national languages in which nationals of such countries may file shall be determined by the Minister for Foreign Affairs and the Minister responsible for industrial property.

Article R612-22

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Proof of the exhibitor's right defined in Article L. 611-13, first paragraph, second indent, (b), shall be furnished within four months as from the filing date of the patent application in the form of an attestation issued during the exhibition by the authority responsible for ensuring protection of industrial property at that exhibition and confirming that the invention has in fact been displayed at that exhibition.

The attestation shall state the opening date of the exhibition and, where appropriate, that of first disclosure of the invention if the two dates should not be the same. It shall be accompanied by documents that enable the invention to be identified and bearing authentication by the above mentioned authority.

Article R612-23

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The list of non-Member States of the Paris Union considered to afford, on the basis of a French patent application or of an international application or of a European patent designating France, a right of priority equivalent to the right of priority established by the Paris Convention for the Protection of Industrial Property shall be determined by the Minister for Foreign Affairs and the Minister responsible for industrial property.

Article R612-24

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The declaration of priority referred to in paragraph 1 of Article L. 612-7 shall bear the date of the previous application, the State in which or for which it has been filed and the number that has been allocated to it.

The date and State of the earlier filing shall be stated on filing of the patent application, and the filing number prior to expiry of the sixteenth month following the priority date.

The copy of the previous application referred to in paragraph 1 of Article L. 612-7 shall be produced prior to expiry of the sixteenth month following the priority date, accompanied, where appropriate, by the authorization to claim priority given in writing by the owner of the previous application.

It shall be certified by the authority that had received the previous application and shall be accompanied by an attestation from such authority stating the filing date.

In the event of failure to comply with the provisions of the preceding paragraphs, the claim to a priority right shall be declared inadmissible.

If the date of the previous filing that is stated is earlier by more than one year than the filing date of the patent application, the applicant shall be notified that no priority right exists unless he can give within one month a corrected date that falls within the priority period.

The particulars contained in the declaration of priority shall be mentioned in the published patent application and entered on the patent specification.

Article R612-25

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

A request to enjoy the filing date of one or more previous applications shall not be admissible if:

1°. It is not made at the time of filing the patent application;

2°. The filing date of the previous application or applications of which the benefit is requested is earlier by more than 12 months;

3°. The filing of the application or applications for which benefit of the filing date has been requested has been made in a manner that does not permit its publication.

Section 2: Processing of Applications

Sub-Section 1: Applications Affecting National Defense

Article R612-26

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The delegates of the Minister responsible for national defense, specially empowered to such end and whose names and capacities have been brought to the knowledge of the Minister responsible for industrial property by the Minister responsible for national defense shall take cognizance at the premises of the National Institute of Industrial Property of the patent applications that have been filed.

These shall be presented to them within 15 days as from their date of receipt at the National Institute of Industrial Property.

Article R612-27

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The request for authorization to disclose and freely exploit the invention that is the subject matter of a patent application prior to the expiry of the five-month period referred to in Article L. 612-9 shall be submitted to the National Institute of Industrial Property; it may be submitted together with the filing of the patent application. The authorization shall be notified to the applicant by the Minister responsible for industrial property.

In the absence of such authorization and at any time, a request for special authorization to carry out specific acts of exploitation may be addressed directly by the patent applicant to the Minister responsible for national defense. If he gives the requested authorization, the latter shall set out any conditions to which such acts of exploitation are subject.

If the special authorization concerns the assignment of the patent application for the granting of a license to work, the Minister responsible for national defense shall communicate a copy of his decision to the Minister responsible for industrial property.

Article R612-28

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The requisition addressed to the Minister responsible for industrial property by the Minister responsible for national defense for the purpose of extending the prohibitions on disclosure and free exploitation of an invention that is the subject matter of a patent application shall reach the National Institute of Industrial Property at the latest 15 days before expiry of the five-month period referred to in Article R. 612-27.

Any requisition for the purpose of renewing an extension shall arrive under the same conditions at the latest 15 days before the expiry of the current one-year period.

The extension of the prohibitions on disclosure and free exploitation shall be pronounced by order of the Minister responsible for industrial property and be notified to the applicant prior to termination of the current period of prohibition.

The order may contain special provisions authorizing, subject to certain conditions, the filing abroad of applications for protection of the invention. A request to that end shall have been addressed by the owner of the patent application to the Minister responsible for national defense, who shall communicate his decision to the Minister responsible for industrial property.

Special authorizations to carry out specific acts of exploitation may be granted under the conditions set out in the second and third paragraphs of Article R. 612-27.

The Minister responsible for national defense may inform at any time the Minister responsible for industrial property of the lifting of prohibitions extended in accordance with Article L. 612-10. Such measure shall be the subject of an order by the Minister responsible for industrial property notified to the holder of the patent application.

Article R612-29

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The request for compensation to repair the prejudice suffered by the extension of the prohibitions on disclosure and free working shall be addressed by the owner of the patent application to the Minister responsible for national defense by registered mail with notification of receipt. The request shall detail, giving figures, the various causes of prejudice invoked.

The first instance court may only be called upon to determine the amount of the compensation on expiry of a period of four months as from the date of receipt of the request, except where an urgent decision has been taken during that period of time.

Article R612-30

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The court applied to under Article L. 612-10 shall pronounce both on the merits and on interlocutory measures by decisions that contain no analysis of the invention such as to entail disclosure.

Only the public prosecutor, the parties or their representatives may receive copies of the decisions taken.

If an expert opinion is ordered, it may only be carried out by persons authorized thereto by the Minister for Defense.

Article R612-31

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If the prohibitions on disclosure and free working terminate more than one year after the filing date, the application may not be made public under the conditions set out in Article R. 612-39 until six months have expired after the end of application of the prohibitory measures, except if the applicant has submitted within that period the request referred to in Article R. 612-39.

The applicant shall have six months as from the end of the prohibitory measures to request the drawing up of the search report or the conversion of the patent application to an application for a utility certificate.

Article R612-32

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The provisions of Article R. 612-29 shall apply to the request for review of the compensation referred to in Article L. 612-10.

Sub-Section 2: Division of the Application

Article R612-33

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If the patent application does not satisfy the provisions of Article L. 612-4, a time limit shall be given the applicant in order to divide his application or to restrict the claims.

Article R612-34

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Up to payment of the fee for granting and for printing of the patent specification, the applicant may, on his own initiative, file divisional applications for his initial patent application.

Article R612-35

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Where a patent application is divided in accordance with Articles R. 612-33 and R. 612-34, each divisional application shall comply with the provisions of Articles R. 612-3 to R. 612-5.

The applicant may:

— either repeat in each divisional application the contents of the initial application, restricting the claims to the subject matter alone of the divisional application;

— or restrict the description, the claims and the drawings of each divisional application to its subject matter exclusively; in such case, they shall contain, apart from the wording, the claims and the figures extracted respectively from the description, the claims and the drawings in the initial application, only those connecting and explanatory phrases required for clarity of exposition.

The file of one of the divisional applications shall be constituted by the file of the initial application after having applied the provisions of the preceding paragraph.

Notwithstanding the provisions of Articles R. 612-10 and R. 612-11, the time limit within which the designation of inventor may be effected for each divisional application may not be less than two months after the invitation referred to in Article R. 612-11. The expiry date of that time limit shall be mentioned in the notification.

Sub-Section 3: Correction, Withdrawal and Publication of the Application

Article R612-36

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Up to the time of payment of the fee for grant and printing of the patent specification, the applicant may submit a reasoned request for correction of errors of expression or transcription and of errors discovered in the filed documents.

If the request concerns the description, the claims or the drawings, correction shall only be authorized if it is obvious that no other wording or line could manifestly have been intended by the applicant.

The request shall be submitted in writing and shall contain the wording of the proposed amendments; it shall be admissible only if accompanied by proof of payment of the required fee.

Article R612-37

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Subject to Article L. 612-13, if the examination referred to in Article L. 612-11 has determined irregularities, the description, the claims or drawings may be amended, but only to the extent required to remedy the irregularities that have been determined.

Article R612-38

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The patent application may be withdrawn at any time by means of a written declaration up to payment of the fee for granting and printing of the patent specification.

The declaration may refer to one application only. It shall be submitted by the applicant or by a representative, who, unless he has the capacity of industrial property attorney, shall be required to attach to the declaration special powers for withdrawal.

If the patent application has been filed on behalf of more than one person, it may be withdrawn only if requested by all such persons.

If property, pledge or licensing rights have been entered in the National Patent Register, the withdrawal declaration shall be admissible only if accompanied by the written consent of the holders of such rights.

If the application is withdrawn after publication in the Official Bulletin of Industrial Property of the notice referred to in Article R. 612-39, the withdrawal shall be entered ex officio in the National Patent Register.

In all cases where an application is withdrawn, a copy of the application shall be kept by the National Institute of Industrial Property.

Article R612-39

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

On expiry of the eighteen-month period referred to in Article L. 612-21, or at any time prior to expiry of that time limit on a written request by the applicant, a notice shall be published in the Official Bulletin of Industrial Property to the effect that the patent application has been made public.

As from the day of publication referred to in the preceding paragraph, any person may inspect at the National Institute of Industrial Property the elements of the file of the patent application and obtain copies thereof at his own cost.

Any application for which the benefit of the filing date of one or more earlier applications has been requested in accordance with Article L. 612-3 shall be made public eighteen months after the earliest filing date that it enjoys.

However, an application that has been refused or withdrawn before technical preparation has begun for publication shall not be made public unless it is an application that has been divided.

An application whose filing date has been claimed in a subsequent application shall be made public even if it has been withdrawn or refused prior to the beginning of the technical preparation unless the claim has been renounced within that same period.

Article R612-40

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The duration of the technical preparation referred to in Article R. 612-39 shall be laid down by decision of the Director General of the National Institute of Industrial Property. The decision shall be published in the Official Bulletin of Industrial Property.

Article R612-41

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The following shall not be communicated to the public:

Draft decisions and opinions as also elements not communicated to the applicant and which have served to prepare such decisions and opinions.

The elements relating to the designation of the inventor if he renounces designation as inventor in accordance with Article R. 611-16.

Any other element excluded from consultation by decision of the Director General of the National Institute of Industrial Property on the ground that it is of no interest for the information of third parties.

Article R612-42

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Where the invention relates to a microorganism, any person may either as from the publication date referred to in Article R. 612-39 or prior to that date if a copy of the patent application has been notified to him, request access to the culture deposited in accordance with Articles R. 612-14 and R. 612-15.

The request shall be submitted in writing to the National Institute of Industrial Property. It shall contain, in particular, the name and address of the person making the request and his undertaking:

1.Not to communicate to any person the culture or a culture derived from it unless the patent application has been refused or withdrawn or the patent has ceased to have effect;

2.To use the culture or a culture derived from it for experimental purposes only, unless the patent application has been refused or withdrawn or the notice of grant referred to in Article R. 612-74 has not been published; however, this undertaking shall not prevent use of the culture under a compulsory license or an ex officio license.

Article R612-43

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

For the purposes of Article R. 612-42 (1 and 2), derived culture shall mean any culture still possessing the characteristics of the deposited culture that are essential for the implementation of the invention. The undertakings referred to in Article R. 612-42 (1 and 2) shall not prevent the deposit of a derived culture for the purposes of patent proceedings.

The patent applicant may state in a written declaration made before completion of the technical preparation for publication referred to in Article R. 612-39 that, up to publication of the grant of the patent, of the withdrawal or refusal of the application, only an expert designated by the requester may have access to the deposited culture. The person making the request may designate as expert:

1.Either any natural person, on condition that he furnishes proof, when filing his request, that the patent applicant has given his consent to that designation;

2.Or any natural person included in a list drawn up by the Director General of the National Institute of Industrial Property.

The expert shall have access to the deposited culture in accordance with the conditions under Article R. 612-42 and shall be required to enter the undertakings set out therein; they shall also apply to the person making the request.

Where appropriate, the National Institute of Industrial Property shall note on the request that a patent application relating to the microorganism has been filed and that the person making the request or the expert he has designated is entitled to receive a sample of the culture. A copy of the request thus supplemented shall be communicated to the body with which the culture has been deposited and to the applicant or the patent owner.

Article R612-44

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Subject to the impediments resulting from application of the provisions of Articles R. 612-27 and R. 612-28, the applicant may at any time obtain at his own cost an official copy of the documents in his patent application.

Sub-Section 4: Refusal of Application

Article R612-45

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

A patent application shall be refused if:

1°. It has not been supplemented within the time limits laid down in Articles R. 612-11 (second paragraph), R. 612-21 and R. 612-35 (fourth paragraph);

2°. The fees for filing and for the search report referred to in Article R. 612-5 have not been paid within the prescribed time limit.

The refusal decision shall be notified to the applicant who shall have a period of two months as from the date of receipt of notification in order to submit his observations or to pay the due fees referred to in item 2 of this Article by paying the corresponding fee increased by the prescribed surcharge. The refusal decision shall become final if, within the prescribed time limit, the applicant has neither contested the irregularity or the failure to pay nor has paid the fee increased by a surcharge.

Article R612-46

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If, apart from the cases referred to in Articles R. 612-8 and R. 612-45, the patent application is not regular in its form with regard to the provisions of this Title or of the order taken to implement them or has not led to payment of the prescribed fees, notification thereof shall be made to the applicant.

The notification shall state the time limit afforded him in order to regularize his filing or to pay the due fees. It may be accompanied by a proposed regularization. Such proposal shall be deemed to have been accepted if the applicant does not contest it within the time limit afforded to him.

If the filing is not regularized or the fees are not paid within the time limit afforded, the patent application shall be refused.

Article R612-47

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If the subject matter of the divisional application filed under Article R. 612-33 or Article R. 612-34 extends beyond the contents of the description in the initial application, the applicant shall be invited to modify the divisional application in accordance with the instructions given to him and within the time limit afforded to him.

Within that time limit, the applicant may submit observations in writing in which he may refute the instructions given by the National Institute of Industrial Property for amending his divisional application.

If the applicant has not submitted observations or if the divisional application has not been amended in the manner proposed, the application shall be refused.

If the observations submitted by the applicant are not accepted, he shall be notified thereof. In the event of the modification of the divisional application not being made within the new time limit afforded to him, the application shall be refused.

Article R612-48

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Where the applicant has been invited, pursuant to Article R. 612-33, to divide his application, he may, within the time limit laid down by that Article, submit written observations in which he refutes the objection made by the National Institute of Industrial Property.

If the applicant has not submitted observations or if he has not limited his claims or if the patent application has not been divided, the application shall be refused.

If the observations submitted by the applicant are not accepted or if the new claims do not enable the provisions of Article L. 612-4 to be satisfied, he shall be notified thereof. If the division or the limitation of the claims of the initial application are not made within the new time limit afforded him, the application shall be refused.

Article R612-49

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If the patent application is likely to be refused for one of the reasons referred to in Article L. 612-12 (items 4, 5, 6 and 8), a reasoned notification thereof shall be made to the applicant. The notification shall set out the time limit afforded him in order to submit his observations or new claims.

The patent application shall be refused:

— if the applicant has not submitted observations or new claims within the time limit afforded him;

— if the observations submitted are not accepted or if the new claims do not enable the irregularity to be remedied.

Article R612-50

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

In the event of the description or the drawings failing to comply in part with the provisions of Articles L. 611-17 (a) or L. 612-1, a notification thereof shall be made to the applicant.

The notification shall set out the envisaged deletions together with the time limit afforded to the applicant in order to submit his observations.

If the applicant has not submitted observations within the time limit afforded him or if the observations are not accepted, the deletions shall be made ex officio.

Article R612-51

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If the patent application is liable to be refused for one of the reasons set out in Article L. 612-12 (7 and 9), a reasoned notification shall be made to the applicant.

The notification shall contain a formal notice, as appropriate, to amend the patent application or to file new claims or to submit observations to support claims maintained. The notification shall set out the time limit afforded to that end.

If the applicant does not comply with the formal notice within the prescribed time limit, the patent application shall be refused.

Article R612-52

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If a patent application is refused or is liable to be refused due to failure to comply with a time limit afforded by the National Institute of Industrial Property, the refusal shall not be pronounced or shall not have effect if the applicant submits a request to continue the procedure. The request shall be submitted in writing within a period of two months as from notification of the refusal decision. The act that has not been carried out shall be carried out within that time limit. A request shall be admissible only if accompanied by payment of the required fee.

Sub-Section 5: Drawing-up of the Search Report

Article R612-53

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The procedure for drawing up the search report may be deferred under Article L. 612-15 only if the relevant request is submitted at the time the application is filed. Payment of the search report fee shall imply renunciation of that request.

Where a patent application enjoys several dates under the provisions of Article L. 612-3, the 18-month time limit during which the drawing-up of the search report may be deferred shall begin as from the earliest date.

Article R612-54

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The request submitted by any third party for the purpose of instituting the procedure for drawing up the search report shall be formulated in writing. It shall be admissible only if accompanied by proof of payment of the prescribed fee.

Once the request had been received, a notification thereof shall be made to the applicant. If, within three months of the date of receipt of the notification, the applicant has withdrawn the patent application or has converted it to an application for a utility certificate in accordance with Article R. 612-55, the procedure for drawing up the search report shall not be initiated and the prescribed fee shall be refunded to the person who has submitted the request referred to in the first subparagraph.

On expiry of the time limit laid down in the preceding paragraph, the procedure for drawing up the search report shall be initiated. Once the preliminary search report referred to in Article R. 612-57 has been drawn up, it shall be notified to the third party who has submitted the request at the same time as to the applicant.

Article R612-55

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The request for conversion of a patent application to a utility certificate application shall be filed in writing any time during the period laid down in Article L. 612-15, even if the applicant has not made a request to avail himself of the provisions of that Article or if a third party has requested application of Article R. 612-54.

Article R612-56

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The ex officio conversion under the second paragraph of Article L. 612-15 shall be notified to the applicant, who shall have two months as from the date of receipt of the notification to submit observations or to request the drawing-up of the search report by paying the prescribed fee increased by a surcharge for late request.

Failing any observations during that period, the ex officio conversion shall be maintained.

If the observations submitted are not accepted or if the search report has not been validly requested, the ex officio conversion shall be confirmed and a new reasoned notification shall be addressed to the applicant.

Article R612-57

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

A preliminary search report shall be drawn up on the basis of the final claims as filed, taking into account the description and, where appropriate, the drawings. It shall cite the documents that may be taken into consideration to assess the novelty of the invention that constitutes the subject matter of the patent application and the inventive step.

Each citation shall be made in relation to the claims that it relates to. If necessary, the pertinent sections of the cited document shall be identified by giving, in particular, the page, column and lines or the figures.

The preliminary search report shall distinguish between the cited documents that were published before the priority date, between the priority date and the filing date, on the filing date and subsequent thereto.

Any document referring to an oral disclosure, to a use or to any other disclosure that has taken place before the filing date of the patent application shall be cited in the preliminary search report, stating the publication date of the document and that of the non-written disclosure.

Article R612-58

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The preliminary search report shall be immediately notified to the applicant who, if prior art is cited, shall be required, subject to refusal of the patent application, to file new claims or to submit observations to support the maintained claims.

Article R612-59

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The applicant shall have a period of three months, renewable once, as from notification of the preliminary search report in order to file new claims or to submit observations for the purposes of debating the invokability of the cited prior art.

Article R612-60

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If new claims are filed, the changes made to the claims shall be identified.

On request, the applicant may, in such case, be authorized to delete from the description and from the drawings those elements that no longer concord with the new claims. Such request shall be admissible up to the date of payment of the fee for granting and printing of the specification.

Article R612-61

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If the subject matter of the new claims is not covered by the claims on the basis of which the search has been carried out, the applicant shall be notified to pay the prescribed fee for drawing up a supplementary preliminary search report. If the party concerned does not comply with the invitation within the time limit afforded him, the filing of new claims shall be declared inadmissible and the patent shall be granted with the claims on the basis of which the search was carried out.

Article R612-62

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The preliminary search report shall be made public at the same time as the patent application or, where it has not yet been drawn up, once it has been notified to the applicant. Its availability to the public shall be notified in the Official Bulletin of Industrial Property.(Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Article R612-63

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The period during which third parties may submit observations shall expire three months after the publication referred to in Article R. 612-62.

Subject to inadmissibility, third party observations shall be submitted, in duplicate, in accordance with Article R. 612-57 and shall be accompanied by the documents cited or a copy thereof and by all the required information or evidence. This latter requirement shall not apply to patents for invention; however, at the explicit request of the National Institute of Industrial Property, foreign patents shall be furnished within a two-month period as from the date of receipt of the request.

Article R612-64

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The applicant shall have a period of three months as from the date of receipt of the notification of the third party observations in order to file, in writing, his counter observations or a new wording of the claims. This period may be renewed once at the request of the applicant.

Article R612-65

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The preliminary search report may be supplemented at any time prior to the drawing-up of the search report.

In such case, Articles R. 612-57 to R. 612-64 shall be applied once more.

Article R612-66

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If the patent application is withdrawn or is converted to an application for a utility certificate, the procedure for drawing up a search report shall be terminated after notification of the preliminary search report.

Article R612-67

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The search report shall be drawn up on the basis of the preliminary search report, taking into account, where appropriate, the latest filed claims, any observations by the applicant filed to support maintained claims and any observations of third parties.

It shall be drawn up on expiry of the time limits laid down in Articles R. 612-59, R. 612-61, R. 612-63 or R. 612-64, whereby the time limit that expires the latest shall be taken into consideration.

Article R612-68

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Notwithstanding the entry in the National Patent Register of property rights, pledges or licenses in a patent application, the applicant may amend the claims under that application without the consent of the holders of such rights.

Article R612-69

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If the applicant considers that one or more elements of the cited prior art have not been taken into consideration to assess, within the meaning of Articles L. 611-11 and L. 611-14, the patentability of the invention that is the subject matter of the application since their disclosure results from an evident abuse in relation to him within the meaning of Article L. 611-13, first paragraph (second indent, (a)), he may state the fact in his observations and give succinct reasons. Such statement may not modify the content of the preliminary search report or of the search report.

Any final court decision on the application of the provisions of Article L. 611-13, first paragraph (second indent, (a)) shall be entered in the National Patent Register at the request of the applicant or of the patent owner.

Such entry shall imply the relevant amendment of the preliminary search report or of the search report.

If the entry is made after publication of the patent, the copies of the patent held by the National Institute of Industrial Property for public inspection and for sale shall have the necessary notices affixed thereto to indicate the amendment to the search report.

Sub-Section 6: Grant and Publication of Patent

Article R612-70

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

On completion of processing of the patent application, the applicant shall be invited to pay, within the time limit afforded him by the National Institute of Industrial Property, the fee for granting and printing of the specification.

Article R612-71

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The patents shall be granted in the name of the applicant by decision of the Director General of the National Institute of Industrial Property. This decision shall be notified to the applicant.

If the application has been assigned, the patents shall be granted in the name of the last assignee entered in the National Patent Register up to payment of the fee for grant and printing of the specification. However, the name of the applicant shall be mentioned.

The search report inserted in the patent shall contain, where appropriate, a mention notifying that the claims on the basis of which the search has been carried out have been amended or that observations have been submitted by the applicant or by third parties during the procedure for drawing up the search report.

The patent shall contain, in particular, particulars with regard to the filing date of the application, the date of publication of the application, the date of decision to grant and that of publication of the grant of the patent in the Official Bulletin of Industrial Property, as also, where appropriate, notices concerning claimed priorities, the fact that it results from a division, or that at the time of filing the description or the claims were drafted in a foreign language under the conditions set out in Article R. 612-21.

Article R612-72

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

In the event of lapse of the rights deriving from a patent application due to failure to pay the fees referred to in Article L. 612-19, the patent granting procedure shall be terminated.

Article R612-73

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The wording of a claim amended following part revocation, pursuant to Article L. 613-27, shall be submitted in writing.

If the amended claim does not comply with the enacting terms of the judgment, the patent owner shall be notified thereof. The notification shall set out the changes to be made to the claim, together with the time limit afforded to the party concerned to carry out those changes.

The amended claim shall be refused if the patent owner does not comply with the notification within the prescribed time limit or does not submit observations to contest its grounds.

If the observations submitted are not accepted, the patent owner shall be notified thereof. If the party concerned does not comply with the notification referred to in the second paragraph within a renewed time limit afforded to him, the amended claim shall be refused.

Section 3: Statutory Dissemination of Inventions

Article R612-74

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

A notice of grant of the patent shall be published in the Official Bulletin of Industrial Property within one month as from the date of notification of grant made to the applicant.

This notice shall include a reference to the issue of the Official Bulletin of Industrial Property in which the patent application was published together with the existence of any amendments to the claims.

Following such publication, a certified copy of the patent shall be addressed to the applicant.

Article R612-75

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The wording of patents shall be published in full and kept at the National Institute of Industrial Property.

The files of patent applications shall be kept by the National Institute of Industrial Property up to the expiry of a ten-year period following the lapse of the rights deriving from the patents.

The originals of descriptions and patent drawings not printed prior to 11 April 1902 shall remain in deposit with the National Institute of Industrial Property.

Article R612-76

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The patent collections and the Official Bulletin of Industrial Property shall be deposited for public consultation free of charge at the National Institute of Industrial Property.

They shall also be deposited for the same purposes in the towns of which a list shall be drawn up by order of the Minister responsible for industrial property and the Minister responsible for cultural affairs, either in the departmental archives or with the Chamber of Commerce and Industry or again in a public library or any other establishment designated by the Prefect.

Chapter III Rights Deriving from Patents

Section 1: Exploitation Rights

Sub-Section 1: Licenses of Right

Article R613-1

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

A request for application to a patent of the system of licenses of right under Article L. 613-10 shall be submitted in writing either by the patent owner or by one of the joint owners who shall provide evidence that he is empowered to grant non-exclusive licenses.

A request shall be declared inadmissible if:

1°. The provisions of the preceding paragraph are not complied with;

2°. The property right or joint property right of the requester has not been entered in the National Patent Register;

3°. The National Patent Register shows that an exclusive license has been granted.

The decision of the Director General of the National Institute of Industrial Property shall be notified to the requester.

If the request is accepted, the decision shall be entered in the National Patent Register and published in the Official Bulletin of Industrial Property. It shall be given any additional publicity as decided by the Director General of the National Institute of Industrial Property.

Article R613-2

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Any person who wishes to obtain a license of right shall inform the patent owner thereof by registered letter. The letter shall set out the use that is to be made of the invention. A copy of the letter, accompanied by particulars of the date it was sent to the patent owner, shall be addressed to the National Institute of Industrial Property.

Enjoyment of the license shall be granted, for the use stated, one week after the letter has been sent to the patent owner.

Failing agreement between the parties, the price of the license shall be set under the procedure laid down in Articles R. 613-4 to R. 613-8. It shall be reviewed in the same manner if justified by new events. However, no request for review may be submitted less than one year after the most recent price fixing.

Article R613-3

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

A request for revocation of the decision to apply to a patent the system of license of right shall be submitted in writing.

Once revocation has been pronounced it shall be notified to the requester, entered in the National Patent Register and published in the Official Bulletin of Industrial Property.

Sub-Section 2: Compulsory Licenses

Article R613-4

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Requests for a compulsory license under Articles L. 613-11 to L. 613-15 shall be submitted to the courts designated in accordance with the provisions of Article R. 615-17. They shall be filed, examined and judged under the common rules of law, subject to the provisions of Articles R. 613-5 to R. 613-44.

Article R613-5

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Subject to inadmissibility, the summons and the conclusions shall be communicated within 15 days of the serving or notification by registered mail with notification of receipt to the National Institute of Industrial Property by the party who has summonsed or notified.

Article R613-6

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Minister responsible for industrial property may submit to the court his observations on a request for a license by means of a memorandum addressed to the Secretariat Registry.

The Director General of the National Institute of Industrial Property or one of his officials, delegated by the Minister responsible for industrial property, shall be heard, if he so wishes, by the court.

Article R613-7

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The provisions of Articles R. 613-4 to R. 613-6 shall apply to proceedings before the appeal court.

Article R613-8

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

All decisions taken by courts, appeal courts and the Cour de Cassation with respect to compulsory licenses shall be immediately notified by the Secretary-Registrar to the Director General of the National Institute of Industrial Property. Final decisions shall be entered ex officio in the National Patent Register.

Article R613-9

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Requests for the assignment of a compulsory license, its withdrawal or review of the conditions under which it has been granted shall be subject to the provisions of Articles R. 613-4 to R. 613-8.

Sub-Section 3: Ex officio Licenses in the Interests of Public Health

Article R613-10

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The orders of the Minister responsible for industrial property referred to in Articles L. 613-16 and L. 613-17 shall be taken on the reasoned opinion of a Committee comprised of:

1°. A State Counsellor, Chairman;

2°. The Director General of Public Health or his representative;

3°. The Director of the National Institute of Health and Medical Research or his representative;

4°. The Director General of the National Institute of Industrial Property of Industrial Property or his representative;

5°. The Director of Chemical Industries or his representative;

6°. The Head of the Central Service for Pharmacy and Medicines or his representative;

7°. Two doctors of the Paris hospitals or their alternates designated for three years by the Minister responsible for public health;

8°. Two professors of the faculties of pharmacy of their alternates designated for three years by the Minister responsible for public health;

9°. Two members designated by the Minister responsible for industrial property.

The secretariat of the Committee shall be provided by the National Institute of Industrial Property.

The Committee may only meet validly, at a first convocation, if at least seven of its members are present. If the quorum is not achieved, it may validly meet, on a new convocation, whatever the number of members present.

The Chairman shall have a casting vote in the event of equal voting.

Article R613-11

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The reports to the Committee shall be entrusted either to its members or to members of the Conseil d'Etat, of the Court Audit, of the General Inspectorate of Finances and the Inspectorate of Pharmacy, appointed by order of the Minister responsible for industrial property.

The Chairman shall designate for each case one, or where necessary, more than one recorder.

The recorders shall receive an allowance of the amount that shall be laid down by joint order of the Minister responsible for industrial property and the Minister for Economy and Finance.

Article R613-12

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Committee may designate experts whose remuneration, provided under the same conditions as for experts to the courts, shall be covered by a fee order of the Chairman of the Committee.

Article R613-13

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

In the cases referred to in Article L. 613-16, the Minister responsible for industrial property shall have resort to the Committee by means of a reasoned decision taken at the request of the Minister responsible for public health.

That decision shall be notified, within 48 hours, together with its grounds, to the patent owner and, where appropriate, to the holders of licenses under the patent entered in the National Patents Register or to their representatives in France.

Its enacting terms shall be published without delay in the Official Bulletin of Industrial Property.

Article R613-14

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The patent owner and the holders of licenses may, within 15 days following receipt of the notification referred to in the preceding Article or, if the notification has not reached them, following the publication referred to in the same Article, submit their observations to the Committee.

Article R613-15

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The proposals of the recorder and the file set up by him shall be communicated to the patent owners and, where appropriate, to the holders of licenses.

The Chairman shall lay down the conditions, date and form of the communication together with the period of time within which the parties concerned shall be permitted to submit their observations.

Article R613-16

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Committee shall pronounce within a period of two months as from the day on which the decision by which the matter was submitted to it has reached its Secretariat.

Article R613-17

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The order referred to in Article L. 613-16 shall be taken immediately after the opinion of the Committee. It shall be notified to the patent owner, to the holders of licenses and to the Director General of the National Institute of Industrial Property. It shall be entered ex officio in the National Patent Register.

Article R613-18

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The request for a license to work under Article L. 613-17 shall be addressed to the Minister responsible for industrial property.

It shall state:

1°. The surname, forenames, profession, address and nationality of the requester and, where appropriate, the name of the person appointed to represent or assist the requester;

2°. The patent under which a license is requested;

3°. Proof of the requester's qualification, particularly from the legal, technical, industrial and financial points of view.

Within 48 hours of its receipt by the Minister, the request shall be notified to the patent owner and, where appropriate, to the holders of licenses entered in the National Patent Register.

Article R613-19

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Within a maximum period of two months as from receipt of the request, the Committee referred to in Article R. 613-10 shall give its opinion on the conditions for granting a license to work, particularly as to its duration and its scope.

This opinion shall be notified to the person requesting a license and to the patent owner and, where appropriate, the holders of licenses entered in the National Patent Register. The Chairman of the Committee shall lay down a time limit to be afforded to the person requesting the license, to the patent owner and to the holders of licenses for communicating their observations on the conditions for granting the license envisaged by the Committee.

Those observations shall be submitted to the Committee.

Article R613-20

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The Minister responsible for industrial property shall take his decision on the basis of the final opinion given by the Committee, after examining the observations of the parties concerned.

Article R613-21

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The order to grant a license to work referred to in Article L. 613-17 shall be notified to the patent owner, to the holders of licenses and to the person enjoying the requested license.

It shall be entered ex officio in the National Patent Register.

Article R613-22

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The person requesting the license, the patent owner and the holders of license or their representatives may be heard by the Committee responsible for giving the opinions referred to it Articles R. 613-10 and R. 613-19, either at their request or on ex officio convocation by the Committee.

The convocation shall be addressed to them at least 8 days in advance.

Article R613-23

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

In the event of failure to comply with the time limits laid down in Articles R. 613-14, R. 613-15 and R. 613-19 (second paragraph), the Committee shall proceed regardlessly without reminder or formal notice.

Article R613-24

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

In proceedings laying down the royalties referred to in Article L. 613-17 (third paragraph), the summons shall be at a fixed date.

Article R613-25

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Amendments to clauses in the license to work requested either by the patent owner or by the holder of such license shall be decided and published under the procedure prescribed for the granting of such license. If they concern the amount of the royalties, they shall be decided under the procedure prescribed for the initial fixing of that amount.

The procedure for granting the license shall also apply to the withdrawal of the license requested by the patent owner for failure to execute the obligations imposed on the holder of the license.

Sub-Section 4: Ex officio Licenses in the Interest of Economic Development

Article R613-26

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The formal notice referred to in Article L. 613-18 (first paragraph) shall be the subject of a reasoned decision by the Minister responsible for industrial property, taken after consultation with the Minister for Economy and Finance and the Minister responsible for scientific research and nuclear and space matters. The decision shall set out the needs of the national economy that have not been satisfied.

The decision shall be notified, together with the grounds, to the patent owner and, where appropriate, to the holders of licenses entered in the National Patent Register or their representatives in France.

Article R613-27

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The one-year period referred to in the second paragraph of Article L. 613-18 shall begin on the day of receipt of the notification referred to in Article R. 613-26. The legitimate reasons referred to in the third paragraph of Article L. 613-18 shall be produced within that period.

The additional period of time that the Minister responsible for industrial property may afford to the person concerned under the same third paragraph shall begin on the day on which the aforementioned one-year period expires.

The decision to afford a supplementary period shall be taken and notified in accordance with the procedure and in the manner laid down for the decision to give formal notice under Article R. 613-26.

Article R613-28

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The decree in Conseil d'Etat subjecting the patent to which the formal notice refers to the ex officio license arrangements shall be taken on the basis of a joint report by the Minister responsible for industrial property, the Minister for Economy and Finance, the Minister responsible for scientific research and nuclear and space matters and, where appropriate, the Minister directly concerned in view of the subject matter of the patent.

It shall lay down the conditions to be satisfied by persons requesting an ex officio license, taking into account any proposals for working made by the patent owner.

It shall be notified to the patent owner and to the holders of licenses. It shall be entered ex officio in the National Patent Register and published in the Official Journal.

Article R613-29

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The request for a license to work under Article L. 613-18 (fourth paragraph) shall be addressed to the Minister responsible for industrial property.

It shall state:

1.The surname, forename and occupation of the requester and, where appropriate, the name of the person responsible for representing or assisting the requester;

2.The patent for which a license is requested;

3.Proof of the requester's qualification, from the technical, industrial and financial points of view, to work the patent concerned with respect to the conditions set out in the second paragraph of Article R. 613-28.

Article R613-30

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

A copy of the request for a license shall be notified by the Minister responsible for industrial property to the patent owner and, where appropriate, to any holders of licenses in that patent. The latter shall have a period of two months as from receipt of the notification in order to submit their observations to the above mentioned Minister.

Article R613-31

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The order referred to in Article L. 613-18 (fifth paragraph) shall be notified to the patent owner, to the holders of licenses and to the person receiving the requested license. It shall be entered ex officio in the National Patent Register.

Article R613-32

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Proceedings for laying down the royalties referred to in Article L. 613-18 shall be heard by the First Instance Court of Paris. In such proceedings, the summons shall be at a fixed date.

Article R613-33

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Amendments to the licensing clauses requested either by the patent owner or by the holder of the license shall be decided and published under the procedure laid down for the granting of such license. If they concern the amount of the royalties, they shall be decided under the procedure laid down for the initial determination of such amount.

The procedure for granting the license to work shall also apply to the withdrawal of the license requested by the patent owner for failure to satisfy the obligations imposed on the holder of the license.

Sub-Section 5: Ex officio Licenses and Expropriation for the Requirements of National Defense

Article R613-34

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The application addressed by the Minister responsible for national defense to the Minister responsible for industrial property with a view to obtaining under Article L. 613-19 an ex officio license for the requirements of national defense shall contain all necessary details of the conditions necessary to meet those requirements and concerning, in particular:

1°. The full or partial nature of the license with regard to the applications of the invention that is the subject matter of the patent application or of the patent;

2°. The duration of the license;

3°. The respective rights and obligations of the State and of the owner of the patent application or the patent as concerns improvements or modifications made by any party to the invention.

Article R613-35

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The order of the Minister responsible for industrial property that grants a license shall lay down the conditions, taking into account the elements of the request as set out above. It shall be immediately notified by the Minister responsible for industrial property to the Minister responsible for national defense and to the owner of the patent application or of the patent. It shall be entered ex officio in the National Patent Register. In the case of a patent application, the entry shall be made only after that application has been made public.

Article R613-36

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Following the notifications referred to in the foregoing Article, the owner of the patent application or of the patent shall communicate to the Minister responsible for national defense, by registered mail with notification of receipt, his claims as to remuneration for the license granted to the State.

The first instance court may not be applied to for fixing the amount of the remuneration, under Article L. 613-19 (fourth paragraph), before four months have elapsed as from the date of receipt of the registered letter referred to above.

Article R613-37

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If the ex officio license concerns the working of an invention covered by a patent application whose disclosure and free working are prohibited under Articles L. 612-9 or Article L. 612-10 (first and second paragraphs), the jurisdiction petitioned for the fixing of the remuneration for the ex officio license shall take its decisions, both on substance and provisional, by decision that shall not contain any analysis of the invention of a nature liable to lead to its disclosure.

Such decisions shall be taken in court chambers. The public prosecutor, the parties or their representatives alone may obtain a copy thereof.

Where the ex officio license concerns the working of an invention covered by a patent or by a patent application other than that referred to in the first paragraph of this Article, and if the applications of such invention that have already been implemented or envisaged are of a secret nature, the decisions of the petitioned jurisdiction shall not contain any reference liable to disclose such applications and shall be subject to the provisions of the second paragraph above.

If an expert opinion is ordered in the cases referred to in the first and third paragraphs of this Article, it may only be carried out by persons approved by the Minister responsible for national defense and, if necessary, in the presence of his representatives.

Article R613-38

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The provisions of Article R. 613-37 shall apply, independently of any action to affix the remuneration for ex officio license, with respect to any proceedings concerning a dispute deriving from the execution of the order affording such license.

Article R613-39

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

The decree ordering, subject to the conditions under Article L. 613-20, the expropriation of an invention that is the subject matter of a patent application or of a patent shall be notified by the Minister responsible for industrial property to the owner of the patent application or the patent.

Article R613-40

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Following the notification referred to in the preceding Article, the fixing of the expropriation compensation shall be carried out in the same manner as for the remuneration for the ex officio license under Articles R. 613-36 and R. 613-37.

Article R613-41

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

If civil proceedings as referred to in Article L. 615-10 are instituted on the basis of a patent application subject to the prohibitions referred to in Articles L. 612-9 or L. 612-10 (first and second paragraphs) or if it refers to research or manufacture as referred to in the second and third paragraphs of that Article L. 615-10, the resultant court decisions shall be subject to the provisions of Article R. 613-37.

Article R613-42

(inserted by Decree No. 95-385 of 10 April 1995 Official Journal of 13 April 1995)

Where an appeal is lodged against an order issued in application of Article L. 612-10 (first and second paragraph) or against an order or a decree under Article L. 613-19 or Article L. 613-20