How can your notary help you protect your source codes? | ScriptaLegal
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Frequently asked questions > Source codes > Source codes deposit > How can your notary help you protect your source codes?

How can your notary help you protect your source codes?

You are the designer or the owner of rights in a software? You want to protect the contents of the source codes of this software as well as your rights in these source codes. You also want to protect the contents of the documents necessary for using these source codes?

The notary is an impartial legal professional, who already has for mission to receive and preserve some of the most important legal documents to which you will be a party during your personal or professional lifetime. It is indeed the notary who will advise you and will receive your Wills, your deeds of sale and of hypothec (also known as a mortgage) of your real estate including your shareholder agreements. The notary is your best choice to act as depositary for preserving your source codes.

Your notary will so inform you on elements to be known when you consider depositing your source codes with a third party, the depositary, what form this deposit must take and what documents must accompany the source codes entrusted to the depositary.

Your notary will answer your questions on escrow and the agreement which accompanies it. Why put under escrow your source codes? Who is the owner of the intellectual property right of the source codes? During the term of the escrow, will it be possible for you to grant guarantees to your creditors and thus obtain financing to develop the activities of your business and launch new projects?

The information, but also the confidentiality of this information, are essential elements of your intellectual and commercial activities. You must be able to protect your rights by concluding confidentiality, non-competition and non-solicitation agreements with your key staff members.

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