Numerique
Protect your software as the strategic asset it is: copyright, registrations, assignment of rights, action against infringement and contractual safeguards.
Context
For a software publisher, a tech startup or a company developing its own tools, software is often the most valuable asset. Yet its legal protection is frequently overlooked. Under French law, software is protected by copyright from the moment of its creation, with no mandatory registration formality, but this protection is only effective if you can prove ownership of the rights and the date of creation.
Source code, architecture, interfaces, documentation, associated databases: each of these elements falls under a specific protection regime. Properly protecting your software means securing its value, being able to assign or leverage it during a fundraising round, and having the means to act against infringement.
Problem
Many companies believe their software is protected when their legal position is in fact fragile. The most common case: part of the code was developed by external service providers without a formal assignment of rights, which means the company does not actually own its own technology.
Other blind spots add up: the absence of registration making proof of prior creation difficult, the integration of open source components under contaminating licenses, or the inability to act effectively against a competitor copying the code. These weaknesses often come to light at the worst possible moment: during a fundraising round, a sale or a dispute.
Solutions
My support covers the entire protection cycle of your software, from securing the rights to defending against infringement.
I begin by auditing your chain of rights to identify the gaps: unassigned contributions, ill-defined statuses, poorly managed open source. I then regularize the situation through the necessary assignments and contracts, and I advise you on the registration strategy so that you have enforceable evidence.
I draft and negotiate your licensing and exploitation agreements, and I support you in leveraging your software asset during strategic operations. In the event of an infringement, I organize the response: infringement seizure, infringement action and compensation for the harm suffered.
I analyze the creation chain of your software: who developed what, with what statuses (employees, service providers, founders), and which third-party or open source components are integrated. This audit reveals any gaps in your ownership of the rights.
I secure the chain of rights: drafting the missing assignments, framing the development contracts, clarifying the status of contributions. I advise you on the registration strategy (APP, Soleau envelope, bailiff) so that you have solid evidence.
I draft and negotiate your licensing and assignment agreements: scope of the rights granted, royalties, usage restrictions, maintenance, reversibility. Your exploitation terms become clear, enforceable and tailored to your business model.
In the event of an infringement, I organize the response: infringement seizure, formal notice, infringement action and claim for damages. I coordinate the technical expertise required to establish the copying and to defend your rights effectively.
FAQ
Software is protected by copyright from the moment of its creation, provided it is original. This protection covers the source code, the object code, the architecture and the preparatory design material. It arises automatically, with no mandatory registration. On the other hand, functionalities, algorithms as such and programming languages cannot be protected by copyright.
Registration is not mandatory but strongly recommended, as it constitutes evidence of date and content. You can register your software with the Agence pour la Protection des Programmes (APP), with a bailiff, a notary, or via a Soleau envelope at the INPI. In the event of a dispute, this registration makes it possible to prove that, on a given date, you indeed held the code in the state claimed.
The French Intellectual Property Code provides for an exception in respect of software: the economic rights to software created by an employee in the course of their duties are automatically vested in the employer. Be careful, however: this automatic vesting applies only to employees. For an external service provider, an intern or a non-salaried director, an express assignment of rights is essential.
An assignment transfers ownership of the rights, whereas a license only grants a defined right of use. In both cases, the contract must specify the rights concerned (reproduction, modification, distribution), the territorial scope, the duration and the remuneration. An imprecise assignment may be reclassified or annulled. This is a major issue during fundraising rounds, where investors verify that the company indeed holds all the rights to its technology.
Several actions are possible: the infringement seizure, an evidentiary measure that allows the copying to be recorded by a bailiff, then the infringement action before the court to obtain the cessation of the infringement and damages. Technical expertise plays a central role in comparing the codes. Speed of action and the quality of the evidence of ownership (registrations, development history) are decisive.
In Europe, software as such is not patentable: it falls under copyright. A patent can only protect a technical invention that uses software to solve a technical problem, under strict conditions. For the vast majority of software publishers, protection therefore rests on copyright, supplemented by trade secrets for undisclosed source code.
Integrating open source components is common but carries legal risks: each license (MIT, GPL, Apache, etc.) imposes its own obligations. Certain so-called contaminating licenses may compel you to open up your own code. An audit of dependencies and their licenses is essential, particularly before a sale or a fundraising round, in order to avoid unpleasant surprises.
During due diligence, investors verify that the company genuinely and fully holds the rights to its technology. An incomplete chain of rights (external developers without assignment, unformalized founders, poorly managed open source) can block or devalue the operation. Securing intellectual property upstream is therefore a strategic investment.
Nous accompagnons les entreprises de la tech et du commerce avec une double compétence juridique et technique, de l'analyse à la mise en œuvre.
Ressources
Need to secure a contract, manage compliance, or anticipate a dispute? Our first meeting is designed to understand your needs and clearly explain how we can help.
Digital and Distribution Law Attorney, Paris Bar. We secure your contracts, data, and business.
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