French Intellectual Property Code
In forceI.- Referral to the mediator shall be made by letter delivered against a signature or by any other means capable of establishing proof of the date of referral and shall include:
1° If the applicant is a natural person, his surname, first name and address; if he is a legal entity, its legal form, name, registered office and the identity of its legal representative. If the applicant is a legal entity, a copy of its articles of association must be attached;
2° Where applicable, the name of the applicant's legal counsel or agent and the mandate given to the latter;
3° Documents proving that the applicant falls into one of the categories provided for in the sixth paragraph of I of Article L. 214-6;
4° The subject of the application, with a statement of the dispute and the documents on which the application is based;
5° If the other party or parties to the dispute are natural persons, their surname, first name and address; if they are legal persons, their name and registered office.
II.-If the referral does not comply with the provisions of I of this article, the mediator shall send a request for rectification within one month to the claimant or, where applicable, to his representative. If the claim is not rectified, or if the information produced following the request for rectification does not make it possible to establish that the dispute falls within the scope of I of article L. 214-6, the mediator shall declare the claim inadmissible.
III.-When the dispute referred to the mediator falls within the scope of another conciliation body set up by a collective bargaining agreement, the mediator refers the matter to that body for its opinion. The opinion is deemed to have been given if the body has not replied to the mediator within one month of receiving the referral. The mediator declares himself incompetent if this body so requests.
IV.-The mediator shall inform the other party or parties of the referral, within eight days of receipt of the request, by letter delivered against signature or by any other means capable of establishing proof of the date of receipt of this information.
The party or parties then have a period of one month in which to send their observations to the mediator and to the applicant by signed letter or by any other means capable of proving the date of receipt of these observations. This time limit may be renewed once by decision of the mediator, who shall inform the same party or parties by letter delivered against signature or by any other means capable of establishing proof of the date of receipt of this information.
The mediator shall inform the parties of the date of receipt of his comments by letter delivered against signature or by any other means capable of establishing proof of the date of receipt of these comments.
