Matthieu Pacaud - French Lawyer for SaaS and software companies

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Contract Management

SaaS and self-service terms and conditions

Using terms and conditions that are not adapted to the SaaS model (self-service or signed) is risky. Learn how to choose the right terms format for your SaaS.

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Contract Management

Why prefer a mutual NDA in SaaS?

Why choose a mutual NDA in SaaS? Protect sensitive information, save time, and build a balanced business relationship from the start.

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Managing your contracts

Why and how do you draft your SaaS contracts without legal jargon?

Drafting contracts in simple language is recommended to reduce misunderstandings and the effectiveness of contracting: a few tips.

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Contract management

Business referral contract for a SaaS company: essential clauses to consider

How to write a business provider contract for a SaaS company? It is a very useful tool for the SaaS company, but it should be written correctly.

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Contract Management

How can a SaaS company effectively structure its indirect sales?

The transition to indirect sales for a SaaS company requires the drafting of a specific contract. Pitfalls should be avoided. Here are a few tips.

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Intellectual property

Why should a software publisher register an international trademark?

It may be useful for a software publisher to register an international trademark. Here are some recommendations about this.

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Contract Management

Increase in renewal prices in BtoB SaaS contracts: how to draft these clauses?

How to write a price increase clause in a SaaS contract?

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Intellectual property

What are the classes, products and services to register a trademark for a mobile application?

What classes, products and services should you choose to register a mobile application trademark?

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Contract Management

White labeling a SaaS, what are the clauses to include in the agreement?

The Saas contract can be provided as a white label, subject to taking some precautions within your contracts.

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Contract Management

Audit law in SaaS contracts: how to properly manage it?

The audit clause is an important clause that is too often overlooked in SaaS. What should it include?

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Contract Management

SLA penalties and compensation: how to properly distinguish the two in a SaaS contract?

SLA penalties and additional compensation in SaaS: how to properly distinguish the two to secure your contract and avoid any risk of dispute?

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Intellectual Property

What are the classes and products to register for a trademark for a mobile application?

What classes, and products/services should be included in a trademark for a mobile application?

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Contract Management

Why can the transfer clause be a problem in a SaaS agreement?

The transfer clause in SaaS agremeent is a trap: a customer should not be able to prohibit an important operation for the SaaS company. How should it be drafted?

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Intellectual Property

Trademark renewal in France and at EUIPO: how to proceed and deadlines not to be missed

Trademark renewal must be done within a specific timeframe. Summary of the process and applicable fees.

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Contract management

Business referral agreements for startups: best practices

Business referral agreements are very useful for a SaaS startup that wants to develop its business through indirect sales. How do you write them and what clauses should they include?

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Managing your contracts

Usage data in a SaaS: who does it belong to?

Who owns the usage data of a SaaS software? The publisher or the customer? How to regulate their use?

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Contract Management

AI clauses in a SaaS contract: why you can't ignore them anymore

AI clauses are necessary in SaaS contracts. What should they include?

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Intellectual property

What are the classes and the goods and services to be registered for a SaaS software trademark?

The objective of this article is to help you structure a trademark registration for SaaS software, which covers the services adapted to this activity.

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Contract Management

Adapting your contract to French law: a winning (and needed) strategy for the French market.

Adapting a contract to French law is a must if you want to work with the French market.

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Contract Management

SaaS company: does your customer require you to contract under a foreign law? Here's what you need to know

It is possible to sign a contract under a foreign law, but this involves constraints and risks that must be taken into account.

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Contract Management

Startups: why subscribe to your professional liability and cyber insurance from the start of your activity?

SaaS startups: anticipate your professionnal liability and cyber insurance to sign up more quickly, reassure your customers and protect your business from the first contracts.

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Intellectual Property

Trademark surveillance: a good strategy to implement

When your business starts to grow, protecting your trademarks is no longer enough. It is becoming essential to monitor new trademarks.

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Contract Management

POC SaaS: why is a specific contract essential?

Offering a POC (proof of concept) is a common commercial strategy for SaaS publishers. What to check in a POC agreement.

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Intellectual Property

What are the classes to choose for a trademark covering training services?

I want to file a training trademark. What goods and services should I include?

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Intellectual Property

Registering a trademark for a company during its creation: good or bad idea?

Filing a trademark during company creation can be done either in the founder's name or by the company being created. This article explains the pro and cons.

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Intellectual Property

Descriptive trademark: why your application may be refused?

A common mistake founders make is choosing a trademark that is too descriptive. How to avoid it, and what to do in case of rejection?

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Intellectual Property

French Trademark or European Trademark: which one to choose?

Should you prefer a French trademark or a European trademark? Tips by a French lawyer to make the right choice.

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Contract Management

Early termination of a SaaS agreement: what are the rules ?

Good practices to manage early termination of a SaaS agreement, by a French lawyer.

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Contract Management

Intellectual property for SaaS: who owns what?

SaaS: who owns the intellectual property, between the client and the SaaS company?

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Contract Management

Why should a SaaS company avoid the contractual documents of its customers (if possible)?

Why should SaaS contracts never be signed on client terms of purchase, or non-SaaS agreements?

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Contract Management

SaaS contract and subcontracting: best practices

Best practices to manage subcontracting in SaaS contracts

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Contract Management

Evolution of features and updates: what can the SaaS company do?

SaaS companies must be able to update their software. How to proceed to secure this right in their contracts?

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Contract Management

Failures and security in a SaaS contract - how to secure it?

Security clauses are key parts of a SaaS contract. Best practices to draft them.

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Contract Management

Documents to include as an appendix to a SaaS contract

What to include in SaaS contract appendices? SLA, security, DPA, description of the services

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Contract Management

DORA regulation: what are the obligations for software and SaaS companies?

What are the obligations added by DORA on SaaS and software companies?

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Contract Management

Limitation of liability clauses in SaaS contracts: what you need to know

How to draft a liability limitation clause in a SaaS contract? What should be included?

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Contract Management

Renewing SaaS contracts: what you need to know

How to process a SaaS contract renewal? Tips on how to avoid traps and correct manage the renewal.

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Contract Management

How can I protect myself when I use an IT developer?

What should be included in an IT development contract? Tips and good practices.

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Contract Management

Best practices for an efficient SLA in a SaaS contract

What to include in a SaaS SLA? What is its purposed and how to avoid traps?

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Contract Management

How to negotiate a SaaS contract as a software company?

What should be negotiated in a SaaS contract? Tips and good practices.

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Contract Management

Why use a lawyer to respond to an IT RFP ?

Responding to an IT RFP without a lawyer can create risk. Why is a lawyer useful in this context?

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Intellectual Property

What are the classes of goods and services to be covered for the registration of a software trademark?

I want to file a software trademark. What goods and services should I include?

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Contract Management

How to manage the relationship between a service provider and a customer?

It is always pertinent to have a contract when buying or providing services. What should be included?

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Intellectual Property

What is the impact of Brexit on my European Union trademark registration?

Brexit has impacted EU trademarks. Check what may have happened to yours.

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Contract Management

Why use a lawyer for a temporary replacement or to strengthen a team?

Lawyers can work as temporary members of your in house legal team. Why it is a good idea?

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Intellectual Property

What are the classes of goods and services to be covered for the registration of a clothing trademark?

I want to file a clothing trademark. What should I include?

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Intellectual Property

Do florists have copyright on their floral arrangements?

Floral arrangements can be covered by copyright in France.

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Intellectual Property

I made a mistake in my trademark application, how can I correct it?

It is possible to correct errors in trademark application, within certain limits. How to proceed?

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Contract Management

How do I bring my contracts into compliance with GDPR?

GDPR mandate that all personal data processing by a third-party should be governed by a contract. What should be in a DPA?

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Intellectual Property

Is it preferable to register a French trademark or a European Union trademark?

Registered a French or EU trademark is a good idea - tips to select the best option for you.

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Contract Management

What is the operational impact of the GDPR on the processing of personal data by startups?

GDPR impacts startups as much as larger companies. What should they focus on?

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Contract Management

Startups, does your intellectual property belong to you?

What should you do to make sure your startup owns all of its IP?

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Intellectual Property

Revocation and trademark family: what proof of use?

I have several similar trademarks, how should I use them to protect them?

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Intellectual Property

Registration of a retail trademark — Specifics of the choice of products and services

The registration of a retail trademark — good practices to select goods and services

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Intellectual Property

The trademark opposition procedure at French trademark office (INPI)

Specifics of the trademark opposition procedure at the French trademark office (INPI)

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Intellectual Property

To what extent is it possible to use a photograph found online?

Photographs found online can only be used if you have the proper license. Quick tips.

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Intellectual Property

What is a domain name scam?

Domain name scams are becoming more current now. How to detect them and what to do?

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Intellectual Property

Photography and applicable law — What are the precautions to take?

Photographs are protected by IP, but under strict conditions only.

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Intellectual Property

Does the employer own the rights to the works and inventions of its employees?

Companies need to make sure to follow these simples steps to own the IP generaed by their employees.

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Intellectual Property

Extraction and indexing of data by web crawlers — Legal summary

Web crawlers can be legal, but under conditions. How can you ensure to use them properly?

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Intellectual Property

Escrowing source code at the Agency for Programme Protection (APP)

Escrow of the source code at the Agency for Programme Protection (APP)

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Intellectual Property

Priority right for trademark registration

How can I use the priority right to better file a trademark?

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Intellectual Property

Are all hypertext links legal?

Are all links legal under French law? Some links are not.

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Contract Management

What are the legal notices and documents to be included on a website?

On your website, you need to include legal notices and GTC.

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Intellectual Property

Business creation - trademark and commercial name

Brand and trade name: the usefulness of registering a trademark even if it is identical to the name of the company.

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Intellectual Property

You can use an alias as an artist but it has a legal impact that you need to be aware of.

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Intellectual property

Thoughts on the legal aspects of blockchain

Reflections on the legal aspects of blockchain

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Intellectual Property

Beware of false payment requests following legal formalities or intellectual property filing

Once you file a trademark or IP title, you will likely receive scam letters. How can you detect them ?

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Intellectual Property

Legal protection of databases

How are databases protected by French law?

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Intellectual property

What should I do if I receive a formal notice for infringement?

Responding to an infringement notice need to be done carefully. A few useful steps to do so.

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Intellectual Property

It is now possible to resell used software. Good practises and tips.

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Intellectual Property

What works are protected by copyright (droit d'auteur) ?

French copyright (droit d'auteur) is different than anglo-saxon copyright. What does it cover?

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Intellectual Property

Is open-source software an effective replacement for proprietary applications?

Open-source software is a good replacement for proprietary software, but means open-source licenses need to be complied with.

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E-Commerce

How do I get information about me deleted by a search engine?

Personal information may be indexed by search engines. You have options to get them delisted.

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Intellectual Property

Are culinary photographs and recipes protected by copyright in France?

Does copyright taste good? IP protection of food photographs and recipes.

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Contract Management

Legal and operational best practices in software auditing

Software auditing is a very specific procedure. Tips and good practices.

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Intellectual Property

I host content uploaded by my users: what is my responsibility?

Content posted by users: what is the responsibility of the host?

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Intellectual Property

A third party registered my domain name under another extension, how should I react?

It is possible to act against a third-party who uses a domain name similar to yours.

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Intellectual Property

What are the rules for using images or photographs found on the internet?

Images or photographs found online cannot be used without having the right license. Quick summary of various options.

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Intellectual Property

Registration of a trademark similar or identical to mine, what recourse?

How to react when a trademark similar to yours is filed or used by a third-party?

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Intellectual Property

What should I check before registering my French or EU trademark?

Trademark searches are a very useful tool to make sure that a trademark is available and can be filed.

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Contract Management

Contractualization prior to the project, a tool to be integrated into internal processes.

Contracting is not just putting pen to paper. It also means thinking deeply about what the services are in the contract, and its risks.

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Contract Management

GTC, GTU: why are these documents essential for your business?

What do GTU and GTU include?

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Intellectual Property

Your intellectual property, an asset to be secured for the future of your business.

Intellectual property is a key part of your business. What does it include?

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Managing your contracts

Word mark or figurative mark, which one should you register?

Is it better to file a trademark as a word mark, figurative mark or both?

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Resources