The firm provides to clients a large range of skills:
- Negotiation and closing of agreements: strategic partnerships, technology transfer agreements, software license agreements, maintenance agreements, research & development agreements, SaaS agreements, IT services agreements, development and integration agreements, as well as outsourcing agreements.
- Drafting of general terms of sale, purchase or use.
- Drafting of legal templates.
- Legal advice in open source software.
- Support in performing or attending audits for license compliance.
- Legal advice on cryptology, export control and dual-use items regulations.
- Legal advice on liability of hosting providers and other technical intermediaries.
Due to recent EU case law and the enforcement of the General Data Protection Regulation*, data protection management should form an integral part of each company’s strategy.
The following key questions have to be addressed at management level:
- How to protect personal data in the design of products that process personal data (privacy by design and by default)?
- What are the information requirements relative to the processing of clients’ or prospects’ data?
- What actions should be undertaken before any processing of personal data: record of all personal data processes, impact assessments, cooperation with the supervisory authority, organizational and technical measures, appointment of a data protection officer, if required?
- How to deal with transfers of personal data outside of the EU/EEA?
- How to choose contractors that will process personal data on behalf of your company and what legal instruments need to be put in place with such subcontractors?
- What privacy and personal data policy?
The firm also proposes to train clients on GDPR issues, assist in carrying out internal audits and advise on compliance with this new regulation.
*Regulation (EU) 2016/679 of the European Parliament and of the council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
Intellectual Property (IP) is a significant asset and a major challenge for any company aiming at developing its business, irrespective of its market segment. The protection of IP rights, their exploitation and their enforcement are salient issues to be addressed in any business strategy.
Constantin Pavléas Avocats advises French and international clients on their IP strategy, including on legal issues related to the protection and exploitation of IP rights.
The firm also assists in the registration of IP titles, such as trademarks.
The team is well-versed in drafting, negotiating and closing IP agreements, such as:
- assignment or licensing of patents, trademarks, designs or copyrights;
- consortia agreements relative to IP collaborative projects;
- joint development and marketing of products or technologies;
- IP co-ownership agreements;
- patent pools and standard setting organizations;
- patent licensing programs.
Merger & acquisitions
The firm is involved in merger and acquisition transactions as intellectual property (IP) counsel. The team advises clients on all legal aspects of IP and technology at each phase of such transactions: IP due diligence, negotiation of the relevant representations and warranties, specific IP indemnities, the related disclosure schedules, and closing and post-closing actions related to IP and technology.