Whether you are setting up your business in France, or simply contracting with French service providers or subcontractors for the development of mobile apps, marketing and communication supports, technical documentation, computer program, etc., it is essential that you secure your company’s ownership of IP rights.
French lawmakers deem authors and creators to be the weaker party in a contract, and erected several public policy rules to protect them. Hence, assignments of IP rights must comply with certain specific rules in order to be enforceable in France.
For instance, an assignment of IP rights will need to conspicuously describe the rights that are being transferred and to define the scope of application of the assignment, the duration of the assignment and the territory on which it applies.
The assignment will also need to define the price agreed upon for the transfer of such IP rights. Finally, you should avoid any waiver of moral rights in your contracts, as moral rights are unalienable in France.
By Damien Gorse of Luchtenberg Avocats, a commercial and corporate lawyer who shares his time between Paris and London and specialises in helping foreign businesses achieve commercial success in France.