Digital and intangible
The digitalization phenomenon of these last decades has encouraged the emergence of numerous companies in innovative sectors, or companies with particularly innovative strategies.
This digital transformation must nonetheless be accompanied by a robust legal structuration combining the multiple rules governing traditional business (commercial code, civil code, consumer code) with the rules specific to Internet:
- Law for the confidence in the digital economy (LCEN)
- GDPR
- Law for the liability of technical intermediates
- European regulation “Platform to Business” (“P2B”)
- DSA
- etc.
With its team of attorneys, significantly experienced in this sector, MOSAIK assists and advises innovative companies to secure their business models and verify that they are compliant with the French and European legislation.
The firm also assists its clients with the drafting of legal documentation, specific to the Internet, i.e.:
- General terms and conditions of sale
- General terms and conditions of use
- Legal notices
- Confidentiality policy
- Verification of the general drafting of the site with regard to the commercial code, consumer code
- Charters
MOSAIK shall also defend and assist its clients in the event of DDPP controls (departmental directorate for public protection), the DGCCRF (directorate general for competition, consumer affairs and the prevention of fraud), or the CNIL (French data protection authority) and assist in providing arguments in response to any complaints formulated.
As the intangible content is one of the essential assets, the firm shall also assist its clients in order to protect the intangible content of their company by verifying that they have all the intellectual property rights (rights concerning the code, development, texts, graphic charts, trademarks, images…).
The assignment of intellectual property rights with a non-salaried developer must respect a specific formality which, if it is not respected, may call into question the effectiveness of the assignment and put the company in a particularly perilous situation.
MOSAIK also proposes different tools to its clients in order to protect their intangible assets as a preventive mechanism, and also for them to benefit from business secrecy protection:
- Bailiff report
- Filing
- Escrow
All of these measures shall enable an effective protection with regard to the following:
- Copyright
- Trademark law
- Database neighborhood rights
- Database rights
- Unlawful competition
- Parasitism
- Warranty of title
And, in the event of a violation of a right, the firm may initiate judicial measures to cease such violation, through different procedural instruments:
- Formal notice
- Summons to accomplish or communicate
- Court summons
- Senior President Petition
- Petition in order to be authorized to exercise protective measures
- Confiscation of works infringing copyright
- Injunction order