Chapter I: General provisions

Articles in this section · 6

Article L1161-5

French Public Health CodeIn force

Updated 8 Nov 2023

The purpose of learning programmes is to enable patients to acquire the technical skills needed to use a medicinal product.

They are implemented by healthcare professionals acting on behalf of an operator who may be financed by the company exploiting the medicinal product.

There may be no direct contact between the company and the patient or, where applicable, the patient's relatives, legal representatives in the case of a minor or the person responsible for the legal protection measure in the case of a protected adult.

The learning programme is proposed by the prescribing doctor to the patient; it may not give rise to financial benefits or benefits in kind.

Implementation of the learning programme is subject to the written consent of the patient, his legal representatives in the case of a minor, or in the case of an adult subject to a legal protection measure with representation relating to the person who is not capable of expressing his wishes, the person responsible for the legal protection measure, taking account of his opinion.

This participation may be terminated at any time and unconditionally, on the initiative of the patient or the prescribing doctor.

These learning programmes, as well as the documents and other media relating to these programmes, are subject to authorisation issued by the Agence nationale de sécurité du médicament et des produits de santé (French National Agency for the Safety of Medicines and Health Products), after obtaining the opinion of the associations mentioned in Article L. 1114-1 and for a limited period of time.

If the learning programmes or the materials relating to these programmes do not comply with the provisions of the authorisation issued pursuant to this article, the Agency shall withdraw the authorisation and, where appropriate, order the immediate cessation of the actions put in place and the withdrawal of the documents distributed.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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