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

Articles in this section · 16

Article R421-8

French Intellectual Property CodeIn force

Updated 7 Nov 2023

The benefit of article R. 421-7 is subject to passing an aptitude test in the French language before the jury provided for in article R. 421-6 the syllabus and procedures for which are laid down by joint order of the Minister of Justice and the Minister responsible for industrial property:

1° Either when the candidate's training covers subjects substantially different from those included in the syllabuses for the diplomas and professional examination mentioned in l'article R. 421-1 and that the knowledge, skills and competences acquired by the applicant through professional experience or lifelong learning, and which have been duly validated by a competent body, are not sufficient to compensate for these differences ;

2° Or where one or more of the professional activities the pursuit of which is subject to possession of that diploma and that examination are not regulated in the Member State of origin or the Member State from which the foreign national comes, or are regulated in a different way, and that difference is characterised by specific training required in the host Member State relating to subjects substantially different from those covered by the diploma to which the applicant refers.

The Director General of the National Institute of Industrial Property shall send the applicant a notification specifying the level of professional qualification required in France and establishing, taking into account the applicant's level of professional qualification, the substantial differences justifying recourse to an aptitude test.

The qualifying examination shall be organised within six months of this notification.

The list of applicants admitted to take this examination shall be drawn up by the Director General of the National Institute of Industrial Property.

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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