Chapter Va: Withholding

Articles in this section · 13

Article R335-6

French Intellectual Property CodeIn force

Updated 7 Nov 2023

I.-The written application requesting customs intervention, whether submitted beforehand or after the applicant has been informed that the goods have been detained, shall include:

1° The first name and surname or company name and contact details of the applicant;

2° The status of the applicant with regard to the intellectual property right or rights for which customs intervention is requested;

3° Supporting documents enabling the competent customs department to satisfy itself that the applicant is entitled to submit the application;

4° Where applicable, the details of the applicant's representative and the documents justifying the representation;

5° The list of the right or rights for which protection is requested;

6° Specific and technical data on the genuine goods, such as markings, barcodes or images;

7° Information necessary to enable the customs authorities to easily recognise the genuine goods;

8° Any information useful to the service in assessing the risk of infringement of the protected right or rights, such as the list of authorised distributors, the country or countries of manufacture and the value of the genuine goods;

9° The applicant's undertaking to comply with the obligations arising from the application for action.

II.-The procedures for submitting the application are specified by order of the minister responsible for customs.

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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