Resources - SaaS & IP Law Blog

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Contrats IT

SaaS Exit Fees Under the Data Act: What You Can Challenge

The Data Act limits what SaaS vendors can charge when you switch providers. Permitted fees, prohibited charges, and the 2027 deadline explained.

Contrats IT

How to Terminate a SaaS Agreement Under the Data Act: Practical Guide

Stuck in a SaaS contract your company no longer needs? The EU Data Act gives you a legal right to switch providers. Eligibility, process, and pitfalls.

Trademarks

Communications Agency Trademark: Which Classes to File?

Classes 35, 42 and 41: how to file a communications, digital or advertising agency trademark at INPI or EUIPO.

Trademarks

Video Game or Gaming Studio Trademark: Which Classes to File?

Classes 9, 41 and 42: how to structure a video game or gaming studio trademark filing at INPI or EUIPO.

Trademarks

Podcast or Online Media Trademark: Which Classes to File?

Classes 41, 38 and 9: how to protect a podcast, YouTube channel or online media trademark at INPI or EUIPO.

Trademarks

E-commerce / Online Store Trademark: Which Classes to File?

Classes 35, 9 and product classes: how to file an online store or e-commerce trademark at INPI or EUIPO.

Trademarks

Fintech Trademark: Which Classes to File?

Classes 36, 42 and 9: how to protect a fintech, neobank or payment app trademark at INPI or EUIPO.

Trademarks

Marketplace Trademark: Which Classes to File?

Classes 35, 42 and 38: how to structure a marketplace trademark filing at INPI or EUIPO.

IT Agreements

Data Act and CSM: why Customer Success Managers are on the front line

The Data Act is transforming SaaS customer relationships. I had the pleasure of discussing this on the CSMs & Co podcast: easier termination, data portability, end of lock-in... CSMs are at the heart of this transition.

IT Agreements

CLM deployment in startups: why involve a lawyer

Why and how a lawyer can structure CLM deployment in startups, securing contracts, templates and playbooks without an in-house legal team.

IT Agreements

Software development contract: the essential clauses

Scope, deliverables, acceptance testing, IP assignment, payments, liability: the essential provisions every software development contract needs.

IT Agreements

AI Act and SaaS agreements: what AI system providers must include

AI annex, roles, data governance, human oversight: the contractual provisions AI system providers need under the AI Act.

IT Agreements

Data Act and SaaS contract termination: what changes for vendors

How the new termination right facilitates provider switching and requires SaaS vendors to update their contracts.

IT Agreements

Freelance T&M contract: the key clauses to include

Time-and-materials freelance contract: key clauses to include (intellectual property, billing, liability, compliance) to secure your engagements.

IT Agreements

SaaS technical documentation: balancing transparency and confidentiality

SaaS documentation: how to be transparent without revealing everything. Inspire trust in your customers while protecting your solution and negotiations.

IT Agreements

SaaS: why involve legal as early as product development

Involving legal from the product design stage prevents costly rework, secures your contractual terms and accelerates time to market. A practical guide for SaaS vendors.

IT Agreements

SaaS: why your T&Cs should govern customer feedback

Customer feedback and IP ownership: why your SaaS T&Cs must govern user suggestions and ideas before they become a contractual issue.

IT Agreements

SaaS: the transfer clause that can derail your fundraising

SaaS transfer clause: poorly written, it can block a fundraising round or an acquisition. Learn how to draft it correctly to protect your business.

IT Agreements

Comparative advertising in SaaS: opportunity or legal risk?

Fair comparison, verifiable data, unfair competition risks: the legal rules of comparative advertising for SaaS vendors.

IT Agreements

Variable billing in SaaS: how to protect yourself contractually

Usage-based billing, overages, metrics: everything your SaaS contract must cover to prevent disputes and protect your variable revenue.

IT Agreements

Data Act and SaaS: what SaaS vendors need to prepare for

Data access, portability, unfair terms: what your SaaS contract must cover to be Data Act compliant right now.

IT Agreements

Testing a SaaS without a contract: the risks for the vendor

Unlimited liability, no DPA, no licence: testing a SaaS without a contract exposes the vendor to major legal risks. Here are the solutions.

IT Agreements

SaaS T&Cs: why self-service and signed contracts need different terms

Your SaaS terms must match your sales model, or risk having your contract set aside in the event of a dispute.

IT Agreements

Mutual NDA in SaaS: why it is always the right choice

In SaaS, a mutual NDA better protects both parties, avoids unnecessary renegotiations, and sets the foundations of a balanced commercial relationship from the outset.

IT Agreements

SaaS contracts without legal jargon: why and how

A SaaS contract written in plain language reduces misunderstandings, speeds up negotiations and builds customer trust. Concrete examples of simplified clauses.

IT Agreements

Business referral agreement for SaaS vendors: the essential clauses

Commission, territory, lead introduction, monitoring: the essential clauses of a business referral agreement tailored to a SaaS business.

IT Agreements

Indirect sales for SaaS vendors: adapting your contracts for resellers

Reseller, integrator or referral partner: how to adapt your SaaS contract to each indirect sales model and avoid common contractual pitfalls.

Trademarks

International trademark for software companies: practical guide

Madrid System, costs, advantages and limitations: why and how a software company should file an international trademark.

IT Agreements

SaaS price increase clause: how to draft it properly

Cap, index, notice period: how to structure a price increase clause in your B2B SaaS contract at renewal. Practical guidance for vendors.

Trademarks

Mobile App Trademark: Which Classes to File at INPI?

Classes 9, 42, 38 and 45: how to choose the right goods and services when filing a mobile app trademark at INPI or EUIPO.

IT Agreements

White-label SaaS agreement: key clauses for vendors

IP ownership, support tiers, DPA, end-user access: the key provisions to include in a white-label SaaS agreement. Guidance for vendors.

IT Agreements

SaaS audit clause: how to get it right

Scope, notice period, confidentiality, cloud subprocessors: the key points for drafting a SaaS audit clause that protects the vendor without blocking customers.

IT Agreements

SLA penalties vs damages in SaaS: getting the distinction right

Are SLA service credits the sole remedy or not? How to structure SLA penalties alongside additional liability claims in a SaaS contract.

IT Agreements

Transfer clause in SaaS agreements: pitfalls to avoid

Why a prior consent requirement can block your strategic transactions, and how to draft a balanced transfer clause in a SaaS agreement.

Trademarks

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.

IT Agreements

Referral agreements for startups: best practices

Referral agreements are a powerful indirect sales tool for SaaS startups. How to draft them and what provisions to include.

IT Agreements

SaaS usage data: who owns it and how to frame it

Customer data vs usage data: the distinction matters in every SaaS agreement. Anonymisation, purpose, and the key clause to include.

IT Agreements

AI clause in a SaaS agreement: what it should cover

Model training, output ownership, liability limits: the key provisions every SaaS vendor should include in a dedicated AI clause.

Trademarks

SaaS Software Trademark: Which Classes and Goods/Services to File?

Classes 9, 42, 38 and 35: how to choose the right goods and services when filing a SaaS trademark at INPI or EUIPO.

IT Agreements

Adapting your SaaS contract to French law: why it matters

Governing law, liability provisions, GDPR: why adapting a foreign contract to French law accelerates sales and reduces legal risk.

IT Agreements

SaaS vendor contracting under foreign law: risks and safeguards

Governing law, jurisdiction, liability caps: what a SaaS vendor risks when signing a contract under foreign law, and how to protect yourself.

IT Agreements

SaaS startups: get liability and cyber insurance from day one

Professional liability and cyber insurance: why early coverage accelerates your B2B sales, builds customer confidence and protects your business.

Trademarks

Trademark monitoring: a strategic reflex to implement

Opposition deadlines, INPI/TMView surveillance, competitor filings: why and how to monitor trademark applications.

IT Agreements

SaaS POC agreement: why a dedicated contract is essential

Duration, scope, liability, DPA: the key provisions for a SaaS POC contract that protects the vendor without slowing down the sales cycle.

Trademarks

Training Trademark: Which Classes to Choose?

Classes 41, 35, 9 and 16: how to structure a trademark filing in the professional training or education sector.

Trademarks

Filing a trademark for a company during its creation: practical guide

Company in the process of being formed? How to file your trademark with the INPI in the name of the company being created and avoid common transfer mistakes.

Trademarks

Descriptive trademark: why your application may be refused

Descriptive marks, generic terms, INPI or EUIPO refusal: how to choose a distinctive trademark to avoid rejection.

Trademarks

French or EU trademark: how to choose?

INPI or EUIPO: cost, territorial scope, priority right and strategies for choosing between a French and an EU trademark.

IT Agreements

Early termination of a SaaS agreement: what rules apply

Monthly, annual commitments, exit clauses, penalties and Data Act: everything you need to know to manage early termination of a SaaS contract.

IT Agreements

Intellectual property for SaaS: who owns what?

Software, data, custom developments, usage data: how to allocate intellectual property rights between the SaaS vendor and its customers.

IT Agreements

SaaS vendor: why you should avoid your customer’s contract template

Purchase terms, generic contracts, SaaS-incompatible obligations: why a SaaS vendor should always negotiate from its own agreement.

IT Agreements

SaaS subprocessors: how to frame them in the agreement

Cloud subprocessors, DPA, notification, objection rights: best practices for managing subcontracting in a SaaS agreement without blocking service evolution.

IT Agreements

SaaS updates: how much freedom does the vendor have?

Bug fixes, new features, major changes: how to frame the vendor’s right to evolve a SaaS service during the life of the agreement.

IT Agreements

SaaS security and outages: key contractual provisions

SLA, data loss, cyberattacks: the essential provisions for managing security and liability in a SaaS agreement, for both vendors and customers.

IT Agreements

Key annexes to include in a SaaS agreement

Service description, SLA, DPA, security plan: the key annexes every SaaS agreement needs to secure obligations for both vendors and customers.

IT Agreements

DORA: what contractual obligations for SaaS vendors?

Cybersecurity, business continuity, audit rights, incident management: what the DORA regulation requires from SaaS vendors serving financial sector clients.

IT Agreements

SaaS liability limitation clause: how to get the balance right

Cap, indirect damages, super-cap, gross negligence: how to draft and negotiate the liability limitation clause in a SaaS agreement.

IT Agreements

SaaS contract renewal: tacit vs express and best practices

Auto-renewal traps, price adjustments, renewal addenda: practical guidance for both vendors and customers to secure SaaS contract renewals.

IT Agreements

Hiring a developer: how to protect your business

Deliverables, acceptance testing, IP assignment, liability: the essential provisions for a services contract with an IT developer.

IT Agreements

SaaS SLA: best practices for drafting and negotiating service levels

Availability, KPIs, service credits, termination: best practices for drafting an effective SLA in a SaaS agreement, for both vendors and customers.

IT Agreements

How to negotiate a SaaS agreement as a vendor

SLA, liability cap, GDPR, termination: the key provisions every SaaS vendor should address when negotiating its standard agreement.

IT Agreements

IT procurement: why involve a lawyer in your RFP response?

Unbalanced terms, unrealistic SLAs, disproportionate penalties: why an IT-specialist lawyer helps you respond effectively to a technology RFP.

Trademarks

Software Trademark: Which Classes of Goods and Services?

Classes 9, 42, 38 and 41: how to structure a software trademark filing at INPI or EUIPO for effective protection.

IT Agreements

Service provider-client relationship: how to secure the contract

Written agreement, payment milestones, proof of performance: best practices to secure your relationship with a service provider or client.

Trademarks

Brexit and EU trademarks: what happened to your registration?

Automatic conversion, pending applications, IPO renewal: the impact of Brexit on European Union trademarks.

IT Agreements

Lawyer on secondment: strengthen your legal team without hiring

Replacement, reinforcement, workload surge: how a seconded lawyer integrates into your legal team, from a few days to several months.

Trademarks

Clothing Trademark: Which Classes to File?

Classes 25, 14, 18, 24, 26 and 35: how to choose goods and services when filing a clothing or fashion retail trademark.

Intellectual Property

Do florists have copyright on their floral arrangements?

Floral arrangements can be covered by copyright in France.

Trademarks

Mistake in a trademark application: how to correct it

Error in the sign, goods/services or owner details: what can be corrected in a trademark filing at INPI or EUIPO.

IT Agreements

How to bring your contracts into GDPR compliance

GDPR Article 28, DPA, subprocessing, international transfers: the mandatory provisions to bring your contracts into GDPR compliance.

Trademarks

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.

IT Agreements

GDPR: operational impact on startups

Records of processing, DPO, impact assessment, breach notification: the practical GDPR obligations every startup must address.

Intellectual Property

Startups, does your intellectual property belong to you?

Source code, trademarks, patents, designs: how to verify your startup actually owns all its intellectual property.

Trademarks

Revocation and trademark families: must each mark be used?

Genuine use, trademark family, Rintisch ruling: why each trademark must be individually exploited to avoid revocation for non-use.

Trademarks

Retail Trademark: How to Choose Goods and Services

Class 35, retail services, Nice Classification: how to avoid common mistakes when filing a retail store trademark.

Trademarks

Trademark opposition at the INPI: how the procedure works

Deadline, cost, comparison of signs and goods: how the INPI trademark opposition procedure works in practice.

Intellectual Property

Using a photograph found online: what rules apply?

Copyright, paid databases, Creative Commons licences: how to verify your rights before publishing a photograph found online.

Intellectual Property

Domain name scams: how to detect and avoid them

Received a suspicious email asking you to register your domain name in China? How to detect domain name scams and what to do.

Intellectual Property

Photography and the law: what precautions to take?

Right to image, architectural works, panorama exception, third-party IP: the legal rules governing the use of photographs in France.

Intellectual Property

Employee IP: what rights does the employer have?

Intellectual Property

Web crawling and data indexing: what legal framework applies?

Intellectual Property

Source code escrow: why and how to deposit with the APP

Proof of creation date, escrow, access clause: depositing source code with the APP to protect your software and reassure clients.

Trademarks

Priority right in trademark filing: how it works

Six-month window, retroactive filing date, defensive use: how the priority right works when extending a trademark internationally.

Intellectual Property

Are all hyperlinks legal? The CJEU GS Media framework

GS Media ruling, presumption of knowledge, for-profit linking: the legal regime governing hyperlinks and copyright.

IT Agreements

Website legal notices: what the law requires

LCEN, GDPR, cookies, terms and conditions: the mandatory legal notices and documents to include on your website to ensure compliance.

Trademarks

Trademark and trade name: why you need both

Trade name, company name, registered trademark: why filing a trademark is essential even if your trade name is identical.

Intellectual Property

Pseudonyms and copyright: what are the rules?

Choice of pseudonym, trademark filing, reduced term of protection: the copyright rules for artists using a pen name.

Intellectual Property

Blockchain and the law: legal issues of a decentralised technology

Legal definition, evidentiary value, smart contracts, regulation: the legal questions raised by blockchain under French law.

Trademarks

Fake payment requests after an IP filing: how to react

Received a suspicious letter after filing a trademark or registering a company? How to identify and avoid these IP filing scams.

Intellectual Property

Legal protection of databases under French law

Sui generis right of the database producer, copyright over structure: how French law protects databases.

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.

Intellectual Property

Resale of second-hand software licences: the legal framework

Exhaustion of rights, CJEU UsedSoft ruling, software audits: the legal rules governing the resale of used software licences.

Intellectual Property

What works are protected by French copyright?

Originality, no registration required, evidence of creation, Soleau envelope: which works are protected by French copyright and how to prove authorship.

IT Agreements

Open-source software: legal advantages, risks and licence pitfalls

GPL, LGPL, Apache, copyleft contamination: the legal advantages, risks and licence compatibility issues of open-source software for businesses.

E-Commerce

Right to be forgotten: how to have information removed from a search engine

CJEU Google Spain, GDPR Article 17, delisting: how to have personal information removed from search engine results.

Intellectual Property

Food photographs, recipes, plating: does copyright protect culinary creations in France? Analysis of the legal position.

IT Agreements

Software licence audits: legal and operational best practices

Software licence compliance audit: how to prepare, what rights to verify and how to limit financial exposure for both customers and vendors.

Intellectual Property

Hosting user-generated content: what liability regime applies?

Publisher vs host, LCEN Act, takedown notices: the liability regime for platforms hosting user-generated content under French law.

Intellectual Property

Domain name hijacked: how to recover it

Syreli, UDRP, formal notice: how to recover a domain name registered by a third party under a different extension.

Intellectual Property

Using images found online: copyright and Creative Commons

Public domain, Creative Commons licences, economic rights: the rules for using images found on the internet.