Compagnie Nationale des Conseils en Propriété Industrielle French Patent & Trademark Attorneys Institute Fact & Figures
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Status
CNCPI : French Patent & Trademark Attorneys Institute Created in 1990 (Law N° 90-1052 of 1990, November 26) Successor of the French Patent Attorneys Association Linked to the French National Institute of Industrial Property (INPI)
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What is the CNCPI ?
Unique professional association representing all 985* French Patent and/or Trademark Attorneys (the Profession) Priviledged Interface between the Profession and the Public
Proactive proposals concerning IP matters Guarantees competence, independence and morality
* Updated 2016, June
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Missions The CNCPI’s Missions
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Represents the Patent and/or Trademark Attorneys Profession
Ensures Compliance with the Profession’s ethics and Code of Conduct
Defends the Profession’s interests
Develops & promotes the Profession and IP in general
Structure The Executive Committtee 9 members elected for 2 years Most recent election in December 2014 1 President 3 Vice-Presidents
1 Secretary 1 Treasurer
3 Members The Président Represents the CNCPI in all matters Convenes General Meetings and fixes the agenda
May act as a mediator in disputes 5
Structure Board Members 2015-2016
Alain MICHELET President CNCPI
Alexandre Lebkiri Vice-president
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Stéphanie Célaire Treasurer
Julien Scicluna Secretary
Michel Poupon Vice-president
Marc Bethenod Member
Soazig Thémoin Vice-president
Gabriel de Kernier Member
Sophie Delaveau Member
Structure
Advisory Council
Composition
Powers
Former Presidents,
Give an opinion on
ex officio members
15 Elected members 5 Elected deputy members
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matters submitted by the Excecutive Committee
Meets at least twice a year
Structure
General Meeting
Convened at least once a year Presided by the President of the CNCPI Proceeds only if a quorum is present
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Statutes on subjects on the agenda
Approves the Accounts, Votes the budget
Determines the Annual Contribution Rate
Structure 13 Committees
CNCPI regulations
Regional Actions
Communication
Relations with foreign & international Offices
Europe Future developments for the profession International Relations IP Evaluation & Fiscal Matters Patents
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Relations with INPI and Professional Practice Trademarks
Training & Access to the Profession Young Patent & Trademark Attorneys
Structure Relations with associations of the sector CNIPA - Committee of National Institutes of IP Attorneys FICPI – Fédération Internationale des Conseils en Propriété Industrielle EPI - European Patent Institute AIPPI – Association Internationale pour la Protection de la PI LES – Licensing Executives Society APRAM – Association Praticiens du Droit des Marques et des Modèles APEB - Association des Praticiens Européens des Brevets ECTA - European Communities Trade Mark Association ACPI – Association des Conseils en Propriété Industrielle ASPI – Association Française des Spécialistes en Propriété Industrielle UNION - European Practitionners in Intellectual Property …. 10
Scientific, Legal or Technical Degree at Masters Level • Scientific or Technical Degree Patent Attorney
• Legal Degree Trademark & Design Attorney
CEIPI* Specialized IP Degree At least Three Years Professional Practice Qualifying Examination * CEIPI : Centre d’Etudes Internationales de la Propriété Industrielle
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Statistics
985 Patent and/or Trademark Attorneys * 254 Principal Firms through out France * 412 Firms including Branch Offices * The Profession employs about 3000 persons, including 600 consultants The Profession files 70% of the total number of patents filed in France
* Updated 2016, June
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Statistics
* Updated 2016, Juanary
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Statistics
* Updated 2016, Juanary
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The Profession Fields and Services
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Patents Trademarks/Designs Copy right Domaine Names
Arbitration Contracts Due Diligence Evaluation Filing Litigation Pre-litigation (saisiecontrefaçon) Prior Art Searches Strategy
The French Situation
A Profession which is regulated with respect to access, exercise … … but open since there is no monopoly of representation
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Clients
French Clients, with international interests International Clients with European interests, including France
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Code of Conduct Custodians of very sensitive information for our clients, Patent/TM attorneys respect very strict rules of conduct.
Responsibility towards clients Respect professional secrecy Conflicts of interest forbidden
Disciplinary Committee 18
Code of Conduct – Professional Secrecy
Obligation of Professional Secrecy cannot be waived by the Courts or the Client
Non respect of this obligation of confidentiality can lead to : Professional sanctions Criminal sanctions
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Code of Conduct - Independance
Patent /TM Attorney
No financial interest Indépendance, Honesty
Clients
No commercial activity No official functions in corporations in fields other than IP No other professional activity except : teacher, mediator, legal expert…
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Code of Conduct - Independance
The Profession forbids conflicts of interest. Patent and/or TM Attorneys do not advise, help or represent clients having opposing interests Patent and/or TM Attorneys do not accept a new client if the obligation of confidentiality vis-à-vis a previous client cannot be respected
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Code of Conduct – A Regulated Profession Advertising
Fees fixed in agreement with client Amount depends on several factors: difficulty, urgency, time spent, financial interest at stake, level of experience of Attorney… Success fees only allowed over and above normal fees Fees and Expenses must be clearly identified on invoice 23
Code of Conduct – Others activities
Other Activities or Obligations
Participation in Free Consultations organised by INPI Training of young professionals Promoting IP and the Profession