We Offer Strategic Legal Services
Protect Your Software And Database in France
Safeguard your code, algorithms, and data assets with our French intellectual property lawyers and paralegals. We manage every step — from copyright registration and contractual assignments to database rights enforcement and evidence preservation — ensuring your digital creations are legally protected in France and across the EU.
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What Does It Mean to Protect your Software and Database in France?
In France and the EU, software and databases are protected under copyright law, not by patents (except in rare technical cases). This legal protection covers the source code, structure, and architecture of software, as well as the selection and organization of data in a database.
This regime grants the author or rights holder exclusive rights to reproduce, modify, distribute, and license the work. It applies automatically upon creation — but effective proof of ownership and proper assignments are essential for enforcement, especially for teams, developers, or companies relying on subcontractors or partners.
Main Advantages :
Automatic protection: copyright arises upon creation — no registration required.
Strong enforcement tools: legal actions available for unauthorized use or data extraction.
Transferable rights: easily licensed or assigned to employers, investors, or clients.
International coverage: recognized throughout the EU and many other jurisdictions.
High commercial value: crucial for tech start-ups, SaaS companies, and digital agencies.
Protecting your software and database ensures legal ownership, prevents unauthorized use, and strengthens your company’s value in audits, acquisitions, or investor negotiations.
How to Protect Your Software and Database in France?
Our lawyers handle the entire process — from identifying ownership to securing formal evidence and drafting protective agreements.
Identifying the Author and Rights Holder
We determine who legally owns the software and database — individual author, employer, or commissioning company — and ensure proper chain of title through contracts and declarations.
Securing Evidence of Creation
We organize time-stamped proof of authorship: deposit with a bailiff, INPI digital timestamp, or blockchain certification. This evidence is vital for future enforcement or valuation.
Contractual Protection and Licensing
Our team drafts assignment clauses, license agreements, and confidentiality provisions tailored to your use — whether internal development, outsourcing, or SaaS distribution.
Database Protection Strategy
We identify whether your database qualifies for “sui generis” protection under EU law, and ensure its structure and investment meet the required legal standards.
Ongoing Monitoring and Enforcement
We help you monitor use, detect infringement or data scraping, and take immediate legal action before French or EU courts where necessary.
Why Choose FrenchCo.lawyer?
All legal services are handled by registered French IP lawyers, assisted by trained paralegals who ensure every step — from copyright compliance to enforcement — meets the latest EU standards. We provide practical, business-oriented advice that protects your innovation while preserving flexibility for commercial use and partnerships.
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What We Need From You to a Protect Your Software and Database ?
To secure your IP efficiently, please provide:
Description of the Work
Brief details on your software or database (purpose, structure, features, or contents).
Proof of Creation
Source code samples, version history, or other dated records establishing authorship.
Ownership Documents
Employment or subcontractor contracts showing who holds IP rights.
Intended Use and Territory
Whether you seek protection in France, EU-wide, or internationally.
And Then?
Once we receive your documents, our lawyers handle everything — preparing and filing deposits, drafting protective clauses, and issuing official proof of registration or certified deposit, ready for legal enforcement or investor due diligence.
Protect Your Software and Database – Simple Process, Clear Budget
Flat legal fee starting from €690 excl. taxes
Additional mandatory costs: Official deposit or certification fees (INPI, bailiff, or blockchain)
No hidden costs, no surprises.
Our commitment:
Only legal protection, not IT consulting or unnecessary extras.
Your software rights are handled directly by our legal team.
Every registration and agreement is managed by qualified lawyers.
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Why Choose Us?
We Believe in Transparent, Lawyer-Led IP Protection
Fast and reliable protection: From software code to database design, we secure your rights quickly and efficiently.
Legally compliant filings: Every registration and declaration fully meets French and EU intellectual property standards.
Strategic legal drafting: Your contracts and licensing terms are tailored to protect ownership and control over your creations.
High professional standards: All filings and documents are handled by licensed IP lawyers ensuring precision and confidentiality.
Let us safeguard your software and database rights —
so you can focus on innovation and business growth.
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Understanding the Protection of Software and Databases in France
Can software be protected by copyright in France?
Yes. In France and throughout the EU, software (programs, source code, and architecture) is automatically protected by copyright as a “work of the mind” under the French Intellectual Property Code (Code de la propriété intellectuelle, articles L.112-2 and L.113-9).
This protection covers the source code, preparatory design material, and overall structure of the software. It does not require registration — it arises the moment the work is created. However, to enforce rights effectively, the author must be able to prove the date and authorship, usually through a formal deposit or timestamp.
Copyright grants the right holder exclusive rights to:
- reproduce, distribute, and adapt the software;
- authorize or prohibit use by third parties; and
enforce these rights before French courts in case of infringement.
How are databases protected in France?
Databases receive dual protection under French and EU law:
- Copyright Protection
The structure, organization, and selection of content can be protected by copyright if they reflect creative choices by the author. - Sui Generis Database Right (EU Directive 96/9/EC)
The database producer — i.e. the entity investing substantially in collecting, verifying, or presenting data — enjoys a separate right to prevent extraction or reuse of a substantial part of the contents.
This right lasts 15 years from completion (renewable if the database is updated through substantial new investment).
Together, these mechanisms protect both the creative design and the economic investment underlying the database.
How can I enforce my rights if someone copies or uses my software without authorization?
If your software or database is used, copied, or resold without permission, you can bring an infringement (contrefaçon) action before the Tribunal judiciaire (specialized IP courts).
Remedies include:
- Injunctions to stop the unauthorized use;
- Seizure (saisie-contrefaçon) to collect evidence of infringement;
- Damages proportional to the harm or the infringer’s profits; and
- Public sanctions, including publication of the decision at the infringer’s expense.
For online infringements, swift interim measures (référé) may be granted to suspend access or remove infringing content.
How long does protection last?
- Software copyright: 70 years after the death of the author (or last surviving co-author).
- Employer-owned software: 70 years after first publication.
- Database sui generis right: 15 years from creation or from each substantial update.
After these periods, the works fall into the public domain and may be freely used, provided the moral rights (authorship attribution) are respected.
- Software copyright: 70 years after the death of the author (or last surviving co-author).
Can I commercialize or license my software/database internationally?
Yes. Once ownership is secured, you can license your software or database globally through exclusive or non-exclusive license agreements.
The EU copyright and database protection frameworks are widely recognized internationally via the Berne Convention and TRIPS Agreement.
Properly drafted contracts should specify:
- the licensed rights (use, reproduction, adaptation);
- geographic and time limits;
- royalties or revenue-sharing; and
governing law and jurisdiction (often France).
Who owns the rights to software created by employees or contractors?
The answer depends on who created the software and under what conditions:
- Employees (within a company)
When software is created by an employee in the performance of their duties or on their employer’s instructions, the employer automatically owns the economic rights (Article L.113-9 CPI). The employee remains the moral author but cannot exploit the work independently. - Independent Contractors or Freelancers
If the developer is not an employee, they remain the legal owner of the software — even if paid by a client — unless a written contract expressly transfers the rights.
That is why precise IP assignment clauses in contracts are crucial for companies outsourcing development.
Collaborative Projects
When several people contribute (e.g. joint coding, design, database structuring), the result may qualify as a collective or collaborative work, requiring explicit written agreements on ownership shares and exploitation rights.
How can I prove that I am the author or owner of software or a database?
Since copyright arises automatically, proof of authorship and date of creation is the key to protection. French and EU practice recognize several secure methods:
- Deposit with a bailiff (huissier de justice): legally binding evidence of existence and authorship.
- Digital deposit with INPI (French Patent and Trademark Office) or other certified platforms.
- Blockchain timestamp: immutable, verifiable proof of creation and modification dates.
- Sealed archives: notarized storage or version-control logs (Git repositories) can support secondary evidence.
This step is particularly important before disclosing the software or database to clients, partners, or investors.
What about open-source software — can it still be protected?
Yes. Open-source software remains protected by copyright; the author simply grants usage rights under a license (e.g. GPL, MIT, Apache).
The author keeps ownership and moral rights but allows others to use, modify, and redistribute the software under defined conditions.
However, companies integrating open-source code into proprietary systems must comply with license terms, or risk losing rights and facing litigation.
Is registration with the INPI mandatory?
No. Registration is not mandatory for software or database protection in France.
However, an INPI deposit or bailiff certification provides reliable, dated evidence — strongly recommended before any commercialization, subcontracting, or fundraising.
For databases, producers may choose to declare their investment or include clauses in contracts or terms of use to reinforce enforcement rights.
What are the practical steps to protect my software or database?
- Identify ownership (author, employer, or commissioning client).
- Draft or update contracts to ensure rights transfer and confidentiality.
- Secure dated proof (bailiff, INPI, blockchain).
- Label and track versions to document authorship and modifications.
- Monitor use — internally and externally — and act swiftly if infringement occurs.
Lawyers specializing in intellectual property can assist in building a solid, enforceable protection strategy combining these measures.
Protect Your Software & Database
Let our French IP lawyers & paralegals secure your digital creations with full legal protection.
More About the Protection of Software and Databases in France
What can be protected?
Original software code, architecture, and databases with creative structure or unique data selection.
What documents will I need?
Proof of authorship, technical documentation, and deposit materials showing the software or database design.
Do I need to register my code?
Registration is not mandatory but strongly recommended to prove ownership and creation date in legal disputes.
How long does protection last?
Software is protected for 70 years after the author’s death; database rights last up to 15 years from completion.
Can I protect software created by my employees?
Yes, ownership usually belongs to the employer if created under an employment contract — with proper documentation.
What are the typical costs?
- Costs depend on filing type (copyright deposit, database declaration, or contract drafting) — all set transparently.
How do I protect my source code internationally?
Your rights are recognized under the Berne Convention, but additional deposits can strengthen global enforceability.
Can I license or transfer my rights?
Yes, software and database rights can be licensed, assigned, or franchised under clear written agreements.
