Chapter Va: Withholding

Articles in this section · 13

Article R335-18

French Intellectual Property CodeIn force

Updated 7 Nov 2023

When they are intended to be destroyed with the consent of the copyright or related right holder and the consent of the holder of the goods, whether or not they are transported in small consignments, the goods remain detained until they are destroyed.

The destruction of the goods is carried out under the responsibility of the holder of the copyright or related right.

The destruction of the goods is recorded by two customs officers in an official report within the meaning of Article 334 of the Customs Code. The holder or declarant and the owner of the copyright or related right are informed of their right to be present. The report shall include, in addition to the information provided for by this code, the following information:

1° The date, time and place of the destruction;

2° The surname, first name or company name and address of all persons who attended the destruction;

3° The type of goods and their quantity;

4° The reference or references of the report of the detention;

5° The date of the express or tacit agreement of the declarant or holder of the goods.

A copy of this report is given to the declarant, the holder of the goods and the holder of the copyright or related right, if they are present at the time of destruction. A copy shall be given to them at their request if they are absent.

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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