Chapter I: Entry on the list of persons qualified in industrial property matters

Articles in this section · 16

Article R421-1-1

French Intellectual Property CodeIn force

Updated 7 Nov 2023

The following may also be entered on the list of qualified persons provided for in

Article L. 421-1

:

1° Subject to meeting the diploma requirements of 1° and 2° of Article R. 421-1 and provide evidence of at least eight years of professional practice relating to industrial property :

a) Persons who have practised within one or more companies, groups of companies, associations, foundations or public establishments;

b) Employees of a lawyer or an industrial property attorney, an association or company of lawyers or a company of industrial property attorneys, a solicitor's office or an attorney at the Council of State and the Court of Cassation;

c) Civil servants and former civil servants in category A or persons assimilated to civil servants in this category who have worked in an administration or public service or an international organisation;

The persons mentioned in a, b and c may have worked in several of the functions referred to in these provisions provided that the total duration of these activities is at least equal to eight years;

2° Persons fulfilling all of the following conditions:

a) Possession of a diploma equivalent to a second cycle diploma in higher legal, scientific or technical education, obtained, where applicable, as part of vocational training;

b) Possession of a diploma from the Centre d'études internationales de la propriété industrielle (CEIPI) at the University of Strasbourg or a qualification recognised as equivalent under conditions laid down by joint order of the Keeper of the Seals, Minister of Justice, the Minister responsible for industrial property and the Minister responsible for higher education, awarded in the context of continuing professional training;

c) At least eight years' professional practice relating to industrial property, acquired :

-within one or more companies, groupings of companies, associations, foundations or public establishments;

-as an employee of a lawyer or an industrial property attorney, an association or company of lawyers or a company of industrial property attorneys, a solicitor's office or an attorney at the Council of State and the Court of Cassation ;

as civil servants and former civil servants in category A or as persons assimilated to civil servants in this category who have worked in an administration or public service or an international organisation.

The persons referred to in c may have exercised their activities in several of the functions referred to in these provisions provided that the total duration of these activities is at least equal to eight years.

Except where it is the result of duties carried out within an international organisation, the professional practice provided for in 1° and 2° must have been acquired in a Member State of the European Union or in a State party to the Agreement on the European Economic Area or party to an agreement with France recognising such professional practice.

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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