Copyright and NICT

Legal counsel in Copyright:

Copyright protects literary and artistic works as well as technical productions (designs, brochures and other advertisement creations etc.) and software.

For that reason, the GUIGOU law firm advises businesses in the traditional sector as well as businesses in the areas of entertainment, music, audiovisual and multimedia production and editing, in all their copyright and ancillary rights issues.

In order to secure your activities from a copyright standpoint, we advise on the work appropriation process, on terms of use and on the conditions of use of preexisting works.

As counsel, we assist or draft and negotiate agreements in the following areas:

  • Establishing proof of creation,
  • Creative works commissioning,
  • Copyright licensing and assignment agreements,
  • Use of name, image and creation clauses for employees,
  • Musical publishing, live performance sale and coproduction, audiovisual and multimedia works publishing and production contracts,
  • Management of relationship and negotiations with collective rights management companies.

Copyright litigation:

We also represent our clients in pre-litigation and judicial proceedings in the following manner:

  • Coordinate with court officer to obtain evidence, including counterfeit seizures,
  • Negotiate amicable settlements in cases of infringements and draft settlement agreements,
  • Counterfeit seizures
  • Infringement proceedings, including injunction procedures,
  • Unfair competition litigation.

Legal counsel in NICT:

We advise businesses on the use of Information and Communication technologies, such as software, data banks, websites and information systems.

We draft and negotiate your contracts and advise in the following areas :

  • IT contracts (IT related services supplies, software license, etc.),
  • Website development contracts,
  • Information Technology code of conduct for employees,
  • Ensuring website content compliance with applicable regulations,
  • Terms and conditions of sales for commercial websites,
  • Ensuring the compliance of personal data files management procedures with French and European regulations,
  • Contracts with telecommunication operators, telecommunication providers and hosts,
  • Commercialization of administrative data.

NICT litigations:

We handle the defense of intellectual property rights of businesses with Internet companies.

In this regard, we manage pre-litigation and litigation concerning:

  • Unauthorized use of names and images,
  • Conflicts between domain names, adwords, links and other key words with registered trademarks and other distinctive signs,
  • Administrative procedures challenging the attribution of domain names (OMPI, AFNIC…)
  • Contractual relations with Telecommunication operators and other providers,
  • lThe use of data banks,
  • The liability of Internet companies.

International Legal counseling

Thanks to her legal training abroad (LLM at the Georgetown Law Center and an internship in a Legal practice in London) and her professional experiences within international companies, the GUIGOU law firm works in both English and French to assist French and foreign companies in :

  • The drafting and negotiation of contracts,
  • Advising in French and European Laws and Regulations,
  • Filing of legal proceedings before French courts for foreign companies and coordinating such proceedings abroad.

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