From Term Sheets to Trademarks: Protecting IP When You Scale into France

A businessman in a suit and tie talks on his cell phone, focusing on protecting IP while expanding into the French market.

Expanding a UK software business into France is exciting, yet the legal texture is different enough to trip you up if you rely on copy-and-paste contracts. The smartest founders I meet treat IP protection as a go-to-market task, not a footnote. That starts with choosing the right French lawyers, and it continues through licensing, trademarks, NDAs, and the boilerplate you might otherwise skim.

If you need a quick route to bilingual, France-specific documents, French Lawyers in the UK – Your Go-To Legal Experts for French Law Matters – can help you bridge the gap between English and French law in one place, saving time when investors demand speed.

Mind the droit d’auteur gap

UK teams often assume “copyright” behaves the same everywhere. In France, droit d’auteur places strong emphasis on moral rights, so you need explicit written assignments and carefully drafted waivers for employee and contractor deliverables. Market commentary on creative rights trends has highlighted how these nuances shape tech and media deals, as covered by the Financial Times on European business dynamics mid-deal when cross-border teams collide.

For software houses, that means your contributor agreements and onboarding packs should be adapted before the first line of code is shipped to a French client.

Tighten your software licensing

Your UK SaaS or on-prem licence may not map neatly to French customers. Clarify:

· Field of use, territory, and sub-licensing rules

· Audit rights that comply with French practice

· Open-source governance, including notice and attribution

· Service levels and credits set against French consumer and commercial norms

Cross-border licensing has been accelerating with EU SaaS demand, a point explored in Bloomberg’s technology coverage, as vendors rework terms for continental buyers. If you prefer hands-on support from French lawyers in the UK, ask for a bilingual licence pack that pairs English commercial clarity with French enforceability.

NDAs and term sheets that actually hold

Do not treat NDAs as a box-tick. In France, confidentiality can also flow from civil law principles, yet you should still state what is confidential, how long it stays that way, and which court will hear disputes. When negotiating term sheets with investors or resellers:

  • Lock down IP ownership and improvements
  • Set jurisdiction and governing law from day one
  • Add a language clause confirming which version prevails
  • Capture data and export controls if you rely on French client datasets

Trademarks: file early, file smart

If France will be a material market, run clearance searches before launch. Decide between an EU-wide filing and a national French mark, and pick the Nice classes that mirror your real product roadmap. Implement a watch service to identify near-matches before they damage your brand. For apps, think about word and device marks to cover names and icons.

Jurisdiction and dispute strategy

Choice of law and forum matters. UK companies often default to English law, but a French counterparty may insist on local courts or arbitration seated in Paris. Build this into your contracts from the start. Include escalation steps, carve-outs for injunctive relief on IP misuse, and a clause that keeps trade secrets confidential during and after a dispute.

Your next step

France rewards preparation. Bring in experienced French lawyers early, refresh your licences and NDAs for droit d’auteur, and protect your brand before the first demo. Do this, and you set a clean path for revenue, funding, and an exit that does not stall over paperwork.