BUSINESS LAW

CONTRACTS : THE ESSENTIAL TOOL FOR YOUR ECONOMIC ACTIVITY !

Contract law is a technical law that is constantly changing. It was the subject of major reforms in 2016. Naturally, not all former practices have to be shelved, but the changes are logical and certain habits have to be reviewed.

Contracts are an essential legal tool for any economic activity, in particular because it defines the content of your relationship and the scope of your commitments to your employees (in-house), who may hold rights to certain items created within the scope of your activity, and to your external service providers, commercial partners and even your opponents in the context of disputes resolved amicably.

In this respect, each year the firm trains a large number of IP professionals in contract law (in particular, patent and confidentiality law).

The subject is important, and in this context we offer support in contract law, drafting or helping you review your contractual tools:

Expertise :

- Transfer or license agreement for IP rights (patents, trademarks, designs, copyright etc.)

- Technology transfer agreement

- R&D agreement and technical collaboration agreement

- Joint-venture agreement

- IP co-ownership agreement

- Confidentiality agreement

- Settlement agreement

- Internal regulations on employees’ inventions

- IP clause in employment contracts etc.

Expertise :

- Transfer or license agreement for IP rights (patents, trademarks, designs, copyright etc.)

- Technology transfer agreement

- R&D agreement and technical collaboration agreement

- Joint-venture agreement

- IP co-ownership agreement

- Confidentiality agreement

- Settlement agreement

- Internal regulations on employees’ inventions

- IP clause in employment contracts etc.


TRADE SECRET : PROTECTING YOUR UNDISCLOSED ASSETS

Secrecy is a relevant way of protecting certain intangible business assets. Since Law No. 2018-670 of 30 July 2018, trade secrets (also known as know-how) have benefited from a legal definition and an autonomous and uniform protection regime, fairly similar to that of industrial property rights.

To benefit from this, companies must at the very least legally and operationally ensure secrecy, which is only protected by law if the legitimate holder can prove that they have put in place reasonable measures to protect it.

The firm will assist you in arranging for the protection of your trade secrets, in particular, by offering you the following services:


Expertise :

- Carrying out an audit to protect your trade secrets

- Implementing a personalised policy covering the operational and legal protection of trade secrets internally and with regard to third parties

- Drafting secrecy clauses in your employees’ and partners’ contracts

- Legal action for disclosing trade secrets




UNFAIR AND PARASITIC COMPETITION

Certain behaviours in business are considered to be wrong, and their perpetrators may, as a result, be held liable within the scope of legal action for unfair and parasitic competition. There is a limit to free competition: that of loyalty between businesses.

This type of litigation, based on the principle of civil liability (Article 1240 of the French Civil Code), is extremely varied, even if the alleged faults traditionally relate to acts of parasitism, poaching, defamation, confusion and disorganisation.

Whether you are a plaintiff or defendant, the firm will assist you in managing this type of issue both at the pre-litigation stage and in the context of legal proceedings.


Expertise :

- Drafting of consultations on unfair competition matters (as plaintiff, to assess the appropriateness of an action, or as defendant, to assess the legal risks).

- Legal actions in unfair and parasitic competition

- Assistance in the context of mediation or discussions