How does a DAO protect its own intellectual property rights?
Select jurisdiction
France
« Protect » is a generic word and can englobe many meanings :
1. To register intellectual property rights : the DAO would need to found a corresponding
company/association/foundation.
A temporary solution would be to apply in the name of a participant acting in the name of a company currently under constitution (this will need to be regularized subsequently).
2. Any participant of a DAO : any one of the authors/ co-authors, inventors/co-inventors, owners/co-owners of trade secrets -could seek a precautionary measure -a blockchain inscription, a copyright registration, why not, an interlocutory injunction, provided they can prove their legitimate interests to act.
3. The DAO could also mandate/delegate a third party person/company or a participant to act in its name or as a shell company. There are DAO toolkits and other services provided.
4. In the event that the DAO has not opted for a legal form (company/association) which determines questions such as representation, patrimoniality and « capacité d’ester en justice » (legal interest to sue), it is the partnership agreement and its workings that may determine how the DAO works between participants but not with regard to third parties who may invoke the existence of a de facto partnership « société de fait »/ an investment or participation company « société en participation » or a trust « fiducie » and possibly, the illimited liability of a participant of the DAO.
