France - Legal advice and representation services

Description

The AFNOR group wishes to be accompanied by specialised service providers, capable of providing technical assistance both in terms of legal advice and legal representation in several branches of law defined in the form of lots, the technical specifications of which are defined in more detail below.The contract is, for each lot, part of a global framework including the following two missions because of their close overlap (except for representation before the courts for the defence of trademarks, which is the subject of a separate lot):- legal advice and assistance,- legal representation.
AFNOR is an association under the law of 1901 recognized as being in the public interest. Its corporate purpose and the activities it carries out are more fully defined in the introduction to this document. AFNOR may need assistance in the event of changes to its statutory documents such as its articles of association, its internal regulations or its scale of subscriptions. Administrative law: entrusted to AFNOR by the State, the standardisation activity is a mission of general interest. As such, it is subject to the rules of administrative law (approval of standards as a prerogative of public authority; access to administrative documents, re-use of public information (CRPA), etc.) AFNOR receives subsidies from public bodies. Questions relating to State aid (de minimis aid, SGEI, exemption scheme) and the associated risks are therefore recurrent in its activity. Administrative liability law: AFNOR, as a private body entrusted with a mission of general interest, may incur administrative liability as a result of its standardisation activities. Public procurement law: as a contracting authority, AFNOR's purchases are subject to public procurement rules. AFNOR is the owner of two buildings housing its head office and leases premises in regions housing its regional delegations. On the whole of this real estate park, AFNOR may have needs in terms of advice on lease and co-ownership law as well as property and construction law (expert appraisals and legal proceedings). The AFNOR group, through its various activities, manages a large volume of personal data flows.AFNOR has 62 websites, mainly in French and English, and 36 websites dedicated to international representations.AFNOR may need to call on external expertise, particularly in the context of personal data protection. AFNOR uses IT tools. IT purchases form a significant part of the annual purchasing plan:- AFNOR, AFNOR Compétences, AFNOR Certification and AFNOR International market their respective products and services via their websites,- AFNOR Editions develops more specifically IT solutions for access to standards and associated documentation that it makes available to its customers online,- AFNOR Normalisation uses digital platforms so that the stakeholders of standardisation committees can access the documents in progress.The needs related to IT law, Internet law, e-commerce law and digital law are increasingly important both in terms of volume and financial weight. The activities of the AFNOR group, standardisation, publishing, training and certification, offer challenges that require expertise in all three fields. The certification activity is regulated by the consumer code. Furthermore, the AFNOR group's activities are mainly carried out in B to B, and to a lesser extent in B to C. Acquisition, creation of a new site in China: joint venture, acquisitions, partial contribution of assets, acquisition of holdings, creation of subsidiaries and local authorisations. Management of legal secretarial services in accordance with Chinese law: approval of annual accounts, articles of association, renegotiation of contracts. Languages spoken: Chinese, mother tongue, fluent English, fluent French. Acquisition, establishment of a new company: assistance in Taiwan: joint venture, acquisitions, partial contribution of assets, acquisition of shares, establishment of subsidiaries and local authorizations. Management of the legal secretariat of companies in accordance with the corporate law of the target country: approval of annual accounts, amendments to the articles of association, and, more occasionally, renegotiation of JV contracts. Languages spoken: Taiwanese mother tongue, fluent English, fluent French. Acquisition and creation of a new location: the AFNOR group wishes to be assisted in its activities in Vietnam such as: joint venture contracts (JV), acquisitions, partial contribution of assets, acquisition of a stake in a pre-existing entity, creation of a subsidiary as well as assistance in obtaining local authorizations related to commercial and/or regulated activities (certification services, training services, sale of publications...).Management of the legal secretariat of companies in accordance with the company law of the target country: approval of annual accounts, amendments to the articles of association, and, more occasionally, renegotiation of JV contracts. Spoken languages:- Vietnamese, as mother tongue, for formalities and contacts with local authorities,- fluent English mandatory,- fluent French mandatory. AFNOR publishes and/or distributes normative documents and technical works as well as software dedicated to them, all of which are protected by copyright. All of these works are protected by copyright. Their effective protection may require external expertise, particularly in the event of counterfeiting, disputes with authors, users, etc. The services provided by the service provider include the registration of national, Community and international trademarks; prior art searches; monitoring of the trademark portfolio; any opposition proceedings; drafting of coexistence agreements and management of domain names. AFNOR ensures that its trademarks are not used by third parties without authorisation, particularly the Nf and AFAQ trademarks which materialise a certification obtained from AFNOR Certification or a mandated body.- Pre-litigation actions: prior to any litigation, the service provider may give formal notice to the infringer in support, if necessary, of the infringement findings: investigation, analysis of documents, drafting of a draft formal notice, after validation by AFNOR, sending by registered mail/follow-up of the formal notice, control of the requested actions... Then closing of the file or reminder or summons;- litigation actions: Litigation: legal proceedings that can either follow a pre-litigation action; or be initiated as soon as the infringement is established (from the summons to, possibly, the appeal decision). In the context of their activities, as defined in more detail in the introduction, AFNOR and its subsidiaries:- are required to enter into contracts of a very varied nature (intra-group agreements, contracts for participation in standardisation work, CGV AFNOR Certification, CGV AFNOR Compétences, CGV/CGU for publishing products, partnership contracts, purchasing contracts, sales contracts, subcontracting contracts, consortiums, etc.);- may be held liable under contract, civil or criminal law.

Opportunity closing date

08 January 2021

Value of contract

to be confirmed