IT law
In an increasingly connected environment, companies are facing growing dependence on information systems. The internet, software, e-commerce, artificial intelligence, IoT: every department relies on digital tools. From software ownership to management of liability in case of breach, including data protection, all these issues need to be regulated to prevent risks and preserve the company's digital assets.
Software protection
The source code of a software, provided it is original, i.e. it reflects the author's creative effort in terms of design, architecture, structure or implementation, is protected by copyright. Purely functional or automatically generated code is not protected. Protection is automatic, without any prior registration formalities, but it requires proof of the existence, date and authorship of the creation, particularly in the event of a dispute or infringement.
The analysis of originality is often at the heart of litigation.
Software can be subject to registration with the French Agence pour la Protection des Programmes (APP), which constitutes proof of prior existence and content. This documents the code status and prevents the risk of claims or illegal copying. The registration may include: source code, technical documentation, user manual, interfaces, etc.
The French IP office (INPI) and the APP also offer an escrow service, which consists of depositing the source code of a software, according to contractual terms defined with the user client. In the event of a predefined event (failure of the service provider, cessation of activity, non-compliance with contractual obligations), the client can access the source code to ensure the continued operation of the software.
Ownership of rights to the software
If a software is developed by an employee in the course of its duties, the economic rights are automatically transferred to the employer.
For external service providers, there is no automatic transfer: it is essential to provide for an express and complete transfer of copyright to the software within a contract, otherwise only a limited right of use will be available.
IT contracts
IT projects are often complex, subject to strict deadlines, deliverables, performance obligations and service levels, etc. They require a specific contractual framework. Whether for software development, solution integration or maintenance, IT contracts must specify the obligations of each party, the deadlines and responsibilities of each, while ensuring the protection of intellectual property rights, data management and confidentiality of the information.
A tailor-made contract, adapted to the nature of the project and operational needs, is essential to secure the delivery of the project and prevent technical or contractual disputes.
Open source
An open source software is a program whose source code is accessible, modifiable, and redistributable by anyone, subject to compliance with conditions defined by a specific license. Unlike proprietary software, open source is based on collaborative development and open distribution models, often free to use.
Permissive licenses are opposed to copyleft licenses. Copyleft licenses require the derivative source code to be made available or the same license conditions to be applied.
Failure to comply with open-source license obligations (failure to mention the authors, failure to make the derivative source code available, use for unauthorized purposes) may result in claims or even the loss of the right to use the software. There is also a risk of code contamination. Above all, the open-source community generally offers no guarantee of proper functioning, security, or correction.
Domain names
A domain name is the address of a website, allowing users to access online content. It is the primary means of digital identification for a company, brand, or activity. Choosing, registering, and protecting a domain name are therefore major challenges for any organization developing an online presence.
A domain name consists of a string of characters associated with an extension (.fr, .com, .eu, etc.). It is registered with accredited registrars for limited periods of time. It is recommended to check in advance the availability of the domain name and non-infringements of prior rights (trademarks, commercial names).
It is possible to implement an active protection strategy, including registering similar or related names (with other extensions or spelling variations) and monitoring domain names registered by third parties.
Administrative proceedings before ICANN (UDRP) and AFNIC (SYRELI) are possible to combat disputed domain names and obtain their suspension or transfer based on a prior trademark. Legal proceedings for trademark infringement or unfair competition and parasitism also permit to stop illegal use and get damages.
AI
Artificial intelligence is gradually becoming established in business processes, online services, and automated decision-making systems. While these technologies offer major opportunities in terms of innovation and performance, their implementation raises many challenges: transparency of algorithms, protection of training data, liability in case of error or bias, ownership of prompts and data, and conditions of use.
When AI is developed or used, the risk shall be identified, the IP ownership shall be determined, compliance with European legislation (AI Act) shall be verified and contractual clauses shall be adapted.
We assist in the management of intellectual property rights relating to the models developed and the prevention of litigation related to the use of automated systems.
IT litigation
Given the widespread use of IT projects, IT-related disputes are becoming increasingly common: late delivery, budget overruns, license violations, faulty maintenance, data loss, cyberattacks, unauthorized access, lack of reversibility, etc.
This type of litigation requires both legal and technical expertise, which is why we work alongside IT experts.
The role of the lawyer in IT
Advisory & Strategy
We advise you on the protection of your IT projects (code filing, escrow, etc.). We train your teams in the legal issues related to IT, especially in relation to contracts and the use of open source. We assist you in complying with open-source licences. We assist you in setting up processes in the event of a cyberattack. We offer domain name monitoring and the implementation of procedures to combat cybersquatting or typosquatting.
Contracts & Valuation
We assist you in negotiating and drafting your IT contracts: development, integration, maintenance, licensing, SaaS, terms and conditions, privacy policy, etc. We also assist you in drafting clauses for the transfer of IP rights in employment contracts or those of your service providers. We map out your IT projects and solutions. We advise you on the drafting of an AI charter or an internal policy on the use of open source software.
Defence & Litigation
We defend your interests before the competent jurisdiction in disputes arising from license infringement, breach of SLAs, or poor management of an IT project. We also intervene in the event of seizures on your premises. We also assist you in protecting your domain names through proceedings before offices and jurisdictions to obtain the identification of operators, the suspension of domain names or even their recovery.