Articles of Association

ARTICLE 1: GOVERNING LAW

An association is hereby founded between the members adhering to these Articles of Association, a non-profit association governed by the law of 1 July 1901 and the decree of 16 August 1901, as well as by the laws of 23 June 1948 and 20 July 1971, bearing the name: “Association des Praticiens Européens des Brevets”, abbreviated as: “APEB”.

ARTICLE 2: DURATION

The association is established for an indefinite period.

ARTICLE 3: REGISTERED OFFICE

The registered office is located at the professional address of the serving President of the association.

ARTICLE 4: PURPOSE

The purpose of the association is to bring together practitioners of patent law who possess the required qualities of integrity, morality and competence. The association aims to promote and defend patent law as an indispensable tool for businesses and for the creation of human, industrial and intangible wealth, at the national, European and international level.

It takes an interest in all scientific, technical, legal, economic and fiscal matters relating to patent law and provides, according to its means and resources, continuing professional development for the benefit of its members.

It studies, proposes and advocates measures suitable for improving the training of patent law practitioners in consultation with the relevant bodies and authorities in this field.

It encourages all friendly relations with other French and foreign associations or organisations with an interest in the field of Intellectual Property and, in particular, patent law.

ARTICLE 5: MEMBERS

The association is composed of:

  • full members,
  • trainee members,
  • honorary members,
  • associate observers.

5-I – CONDITIONS FOR ADMISSION

Regardless of the criteria set out below pertaining to each category, members, in order to be admitted, must not have received any conviction for acts contrary to probity and public morality, must not be a former ministerial officer who has been dismissed, a practitioner struck off by disciplinary measure, or a civil servant removed by disciplinary measure for conduct contrary to probity and public morality.

5-II – SPECIFIC CONDITIONS FOR ADMISSION

5-II-1 – Full Members

Any individual belonging to one of the three professional groups represented within the association (industrial property consultant, industry, lawyer) may be admitted as such, provided that they:

  1. a) are registered on the list of accredited representatives before the EPO or a national patent office,
  2. b) meet the conditions required to sit the qualifying examination for accredited representatives before the EPO,
  3. c) hold the CAPA qualification or an equivalent qualification, and who have devoted a substantial part of their professional activity, for more than three years, to representing, advising, assisting or providing services to individuals or companies in order to ensure the acquisition, exploitation, or defence of their patent rights.
  4. d) Any individual who has devoted, for more than seven years, a substantial part of their professional activity to representing, advising, assisting or providing services to individuals or companies in order to ensure the acquisition, exploitation or defence of their patent rights may also be admitted as such.

5-II-2 – Trainee Members

Any individual may be admitted as such, provided that they:

(i) hold one of the qualifications listed in paragraphs 5-II-1 a) to c), without meeting the three-year professional activity requirement;

or (ii) meet the condition set out in paragraph 5-II-1 d), without meeting the seven-year professional activity requirement;

or (iii) are pursuing studies aimed at obtaining one of the qualifications listed in paragraphs 5-II-1 a) to c).

Trainee member status is retained until one of the conditions for admission as a full member is met, at which point full member status is acquired automatically.

The trainee membership fee is set by the General Assembly. In the absence of a specific decision by the General Assembly, it is set at half of the membership fee decided upon by the General Assembly for full members of the association.

5-II-3 – Honorary Members

Any individual of great merit to the association may be appointed as such. Any person who has ceased their professional activity in the field of Industrial Property and who has actively been a member of one of the governing bodies of the association for at least five years may, upon proposal by the Board of Directors, be appointed honorary member by the General Assembly. This status is recognised as of right, upon cessation of their activities in the field of patent law, for Founding Members and former Presidents and Vice-Presidents of the association.

5-II-4 – Associate Observers

The Board of Directors may authorise certain individuals who cannot be full members, or certain legal entities, to follow its activities and receive its publications, in the capacity of associate observer, where their presence may contribute to the achievement of the association’s objectives.

The membership fee payable by individuals admitted as associate observers is equal to the amount of the full membership fee decided upon by the General Assembly.

The membership fee payable by legal entities admitted as associate observers is equal to 10 times the amount of the full membership fee decided upon by the General Assembly.

Not having full member status, associate observers may neither participate in the General Assembly nor be members of the working Committees. However, the Board of Directors may authorise individual associate observers to participate therein in an advisory capacity.

ARTICLE 6: ADMISSION OF MEMBERS

The Board of Directors alone decides on the admission of members; however, it may delegate this task to one of the association’s members, who shall be required to refer the matter to the Board in the event of any difficulty.

ARTICLE 7: VOLUNTARY SUSPENSION – LOSS OF EMPLOYMENT – LOSS OF RIGHTS

7-I – VOLUNTARY SUSPENSION

Full member status is not lost as a result of the member’s absence or where the member chooses to pursue their activity in a field other than patent law. Suspension on such grounds is granted, at the request of the member concerned, by the Board of Directors, for a maximum period of five years from the date of the request.

During the suspension of their rights, the member concerned is exempt from payment of their annual membership fee and ceases to benefit from the services provided by the association. Reinstatement to their former status is decided, under the same conditions, when the cause giving rise to the suspension has ceased.

7-II – LOSS OF EMPLOYMENT

Furthermore, where a full member has lost their employment for a reason other than those referred to in Article 5-I, the Board of Directors may, at their request, grant them an exemption from payment of the annual membership fee for a maximum period of two years. During this period, they continue to benefit from all services provided by the association. They also retain their right to vote.

7-III – LOSS OF RIGHTS

A person ceases to be a member or associate observer if they:

  • have died,
  • have submitted their resignation in writing to the President,
  • have been struck off by decision of the Board of Directors for no longer satisfying the general conditions for admission set out in Article 5-I,
  • have not been reinstated upon expiry of the voluntary suspension period provided for in Article 7-I above,
  • have not paid their membership fee in the course of the last two years, unless an exemption has been granted by the Board of Directors on account of the member’s loss of employment.

ARTICLE 8: BODIES OF THE ASSOCIATION

The association comprises the following bodies:

  • the General Assembly,
  • the Board of Directors and its Executive Committee,
  • the Committees.

ARTICLE 9: GENERAL ASSEMBLY

The General Assembly is the principal body of the association. Only full members who are up to date with their membership fees have the right to vote and are eligible for election. Each of them may represent at most five other members who are unable to attend.

The General Assembly meets once per calendar year, upon convocation by the Executive Committee. It is held no earlier than one month following the sending of such convocation. The Board of Directors sets the agenda.

No decision may be validly taken on any matter whatsoever if it has not been previously included on the agenda. An Extraordinary General Assembly must be convened when at least one quarter of the full members submit a written request to the President. The same number of members may validly obtain the inclusion of a particular matter on the agenda provided that they have submitted a written request to the President no later than eight days before the General Assembly is held.

The General Assembly may only validly deliberate if one third of the full members are present or represented. In the absence of a quorum, a new General Assembly is convened within a fortnight with the same agenda and may validly resolve matters regardless of the number of members present or represented.

The General Assembly hears the reports of the Board of Directors and the Treasurer. It approves the accounts and grants discharge to the Board of Directors in respect of its management. It sets the amount of the full membership fee and adopts, if it deems appropriate, the internal rules.

It ratifies or rejects the co-optation of members of the Board of Directors in the event of a vacancy. Its votes are carried by a simple majority of members present and represented.

The attendance sheet and the minutes of the proceedings are signed by the Secretary.

ARTICLE 10: BOARD OF DIRECTORS

10-I – COMPOSITION AND DURATION

The Board of Directors is composed exclusively of full members who have been members of the association for more than one year; by way of exception, the General Assembly may elect directors who do not meet this duration requirement. Their number ranges from 9 to 21. They are elected by the General Assembly for a term of three years.

With a view to ensuring an equitable distribution among the different professional groups, the positions on the Board of Directors and the Executive Committee are allocated, as far as possible, as follows:

  • 1/3 lawyers,
  • 1/3 industrial property consultants,
  • 1/3 industry employees.

The Board of Directors is renewed by one third each year. In the event of a permanent vacancy arising during the term of an already-filled seat, the Board of Directors may co-opt a full member to that position, whose term shall end on the date on which the term of the director thus replaced was due to expire.

A director may not serve more than two consecutive terms or sit for more than seven consecutive years in the case of co-optation. Consequently, if the co-optation of the new director occurs within the first two years of the current term, they shall only be eligible for one term. If the co-optation occurs during the third year of the current term, the co-opted director shall be eligible for two consecutive terms.

However, after a period of two years following the end of their last term, a former director may again be co-opted as a member of the Board for one or two terms.

Former Presidents of the Association are ex officio members of the Board.

10-II – FUNCTIONS

The Board of Directors elects the President of the Association every two years; the President is or must have been a Director.

Furthermore, upon proposal by the President, it also approves the appointment from among its members of the Secretary, the Treasurer, and where applicable, other members of the Executive Committee.

The Board of Directors establishes the Committees. It appoints, for each of them, a Chair who may appoint a co-chair. Persons external to the association may participate in the work of the Committees.

It has the power to sanction members who have been found guilty of breaches of the Articles of Association, the internal rules where applicable, the decisions of the Bodies, or who have acted against the interests or reputation of the association.

10-III – MEETINGS

The Board of Directors meets at least twice yearly, upon convocation by the President, or upon request by a majority of its members. It may only validly deliberate if half of its members are present. Votes are carried by an absolute majority of those present.

ARTICLE 11: EXECUTIVE COMMITTEE

The Executive Committee is elected by the Board of Directors.

11-I – COMPOSITION AND DURATION

The Executive Committee is composed of:

  • a President;
  • a Treasurer;
  • a Secretary;
  • at the discretion of the Board of Directors, as many additional members as the Board deems appropriate.

The term of office of members of the Executive Committee is two years; outgoing officeholders may be re-elected to their position once only.

However, the outgoing President participates as of right in meetings of the Executive Committee for a period of two years after the end of their term as President.

11-II – FUNCTIONS

The Executive Committee administers the association.

It prepares and implements the decisions of the Board of Directors. It determines its own working methods. In cases of urgency, it may adopt any position or take any action it deems essential on behalf of the association, subject to reporting thereon to the Board of Directors at its next meeting.

The President chairs the meetings of the General Assembly and the sessions of the Board of Directors; they may delegate this power to a member of the Board of Directors of their choosing. They are invited to attend sessions of the various Committees but do not chair them.

The Secretary handles correspondence and drafts the minutes of the sessions of the General Assembly and the Board of Directors. They maintain the archives.

The Treasurer manages the funds and other assets of the association. They has authority over bank holdings and accounts. They settles routine expenditure and consults the President for expenditure exceeding €2,000.

The Executive Committee meets at least once per quarter upon convocation by the President.

The association is validly represented by the President or, failing that, by one or other of the members of the Executive Committee who has been specifically mandated.

ARTICLE 12: AMENDMENT OF THE ARTICLES OF ASSOCIATION

Any request for amendment of the Articles of Association may be:

  • proposed, on its own initiative, by the Board of Directors to the General Assembly;
  • requested by one third of the full members to the Board of Directors, in which case it must be compulsorily included on the agenda of the next General Assembly.

The decision of the General Assembly may only be validly taken by a majority of 2/3 of members present and represented. The new text of the Articles of Association as adopted may only be amended under the same conditions.

ARTICLE 13: DISSOLUTION

The association may only be dissolved by decision of a majority of 2/3 of the votes cast at a General Assembly attended by at least half of the full members. The Board of Directors shall then be responsible for the liquidation.

Any credit balance and all assets owned by the association at that time shall be transferred to an association with the same objectives – which could succeed it – or to a charitable association, at the discretion of the Board of Directors.

ARTICLE 14: LEGAL PROVISIONS

The association gives its Executive Committee the mandate to secure for it the legal capacity provided for in Article 6 of the law of 1 July 1901, by complying with the requirements of said law and the decree of 16 August 1901, as well as with the laws of 23 June 1948 and 20 July 1971.