Information technology and intellectual property
Bersay & Associés is involved in advising as well as in litigation, particularly with regard to:
Information technology
- Software license agreements (integrated/ASP);
- IT services agreements (maintenance, hosting, integration);
- IT projects implementation, such as ERP systems;
- Outsourcing;
- Expertise to ensure compliance of computer services;
- Measures to fight software piracy, IT safety.
Internet, e-commerce and electronic communications
- General terms of use and general terms of sale for websites;
- Online advertisement;
- Websites creation and hosting, affiliation, partnership agreements;
- Websites audits;
- Registration, transfer and defense of domain names;
- Electronic marketplaces;
- Internet auctions;
- Electronic communications regulation.
Personal information
- Data privacy policy, binding corporate rules;
- Subcontracting and data transfer agreements;
- Relations with the CNIL—French administrative authority on personal information and privacy issues (processing, transfer);
- Invasion of privacy, defamation.
Electronic communications
- Regulatory and competition issues;
- Attribution of scarce resources (frequencies and numbers);
- Market analysis and regulatory control;
- Authorizations and contracts for the establishment, construction and operation of infrastructure and networks and the location of installations;
- Service agreements and general terms and conditions;
- Agreements for access and interconnection rights;
- Dispute resolution before the regulatory authorities;
- Judicial and administrative litigation.
Intellectual property
- Protection and exploitation of copyrights and related rights;
- Distribution licenses (television, merchandising, video distribution, derivative rights);
- Copyright infringement litigation;
- Copyright assignment agreement.
Industrial property
- Audit of industrial property portfolios (trademarks, patents, designs and models);
- Registration, licensing and assignment of trademarks, patents and/or designs and models;
- Transfers of technology and/or know-how, privacy agreements;
- Litigation relating to trademarks, patents and/or designs and models;
- Unfair competition and parasitism, parasitism (defamation, violation of non-compete clauses, trade name and corporate name violation);
- Criminal litigation having to do with trademarks (customs seizures and temporary seizures, correctional measures);
- Contractual litigation.
Media
- Production and coproduction of audiovisual (cinema, television) and multimedia (on-line and off-line video games, CD-ROMS, etc.);
- Television distribution licenses;
- Publicity (protection, exploitation) and marketing;
- Regulation of radio broadcasting and electronic communications (television for mobile phones and over the Internet, video on demand, etc…);
- Freedom of the press (defamation, libel, both penal and civil matters).
Sports law
Bersay & Associés has assisted clients in conjunction with the organization and promotion of high profile sporting events and teams (image rights, broadcasting rights, sponsorship, etc.).