Chapter II: Economic rights

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Article L122-5-3

French Intellectual Property CodeIn force
Ask for lawyer reviewed or certified translation

Updated 8 Nov 2023

I.-Text and data mining, within the meaning of 10° of Article L. 122-5, means the implementation of a technique for the automated analysis of texts and data in digital form in order to extract information, in particular patterns, trends and correlations.

II.-Digital copies or reproductions of works that have been lawfully accessed may be made without authorisation from the authors with a view to text and data searches carried out for the sole purpose of scientific research by research organisations, libraries accessible to the public, museums, archive services or institutions that are repositories of the cinematographic, audiovisual or sound heritage, or on their behalf and at their request by other persons, including in the context of a non-profit-making partnership with private players.

The provisions of the previous paragraph do not apply when a company, shareholder or associate of the body or institution carrying out the excavations, has privileged access to their results.

Digital copies and reproductions made during an excavation of texts and data are stored with an appropriate level of security and may be kept exclusively for the purposes of scientific research, including the verification of research results.

Copyright owners may implement proportionate and necessary measures to ensure the security and integrity of networks and databases in which works are hosted.

An agreement concluded between the representative organisations of copyright holders and the bodies and institutions mentioned in the first paragraph of this II may define best practices relating to the implementation of its provisions.

III.-Without prejudice to the provisions of II, digital copies or reproductions of works that have been lawfully accessed may be made with a view to text and data searches carried out by any person, regardless of the purpose of the search, unless the author has objected in an appropriate manner, in particular by machine-readable processes for content made available to the public online.

Copies and reproductions are stored with an appropriate level of security and then destroyed at the end of the text and data search.

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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