Section 2: Resale rights

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Article R122-10

French Intellectual Property CodeIn force

Updated 8 Nov 2023

I. - When he receives a request from the beneficiary, the professional responsible for payment of the droit de suite shall pay him the amount thereof within a period which may not exceed four months from the date of receipt of the request or, if the request is received prior to the sale, from the date of that sale.

If the work is due to the collaboration of several authors, the beneficiary shall make a declaration to this effect and specify the distribution of the droit de suite decided between the authors.

II. - If no request is made, the professional responsible for payment of the resale right notifies one of the collective management bodies mentioned in article R. 122-8 of the completion of the sale, indicating the date of the sale, the name of the author of the work and, where applicable, the information relating to the beneficiary of the resale right available to it.

When a collective management organisation is notified of a sale giving entitlement to the collection of the resale right for the benefit of a beneficiary mentioned in article R. 122-8, it is obliged to inform the beneficiary. Where the beneficiary is not identified, the collective management organisation will take all necessary steps to inform the persons likely to benefit from droit de suite, if necessary by calling on the other collective management organisations mentioned in article R. 122-8. If it has not been able to inform the beneficiary, it will proceed with the appropriate publicity measures in electronic form or by any other suitable means.

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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