Potential legal aspects-Ideas that create structures

Legal and Tax Advice Firm

Consultancy, Construction and Property Development and Services

Communication and Proximity Services Management Agency

Notes on Coworking: Potential Legal Aspects

IDEAS THAT CREATE STRUCTURES

?

We belief that is possible to work

in a different way…

… a belief that GOES FURTHER than sharing a

space

IDEAS THAT CREATE STRUCTURES

COllaborative INnovation

Who are We?We

…

Share values, concerns, management styles and the desire to collaborate and innovate

We

…

We

… Legal and Tax Advice

Consultancy, Construction and Property Development and Services

Communication and Proximity Services Management Agency

to develop projects

to generate ideas and business opportunities

Our

chal

leng

e

Our

chal

leng

eto discover talent

to create synergies among the promoters and coworkers

Smart Cities

Urban REHABILITATION

Legal Innovation

Collaborative LAW

MOBILITYsolutions

Green economy

PPPs

CSR

Financing of social housing

REUSE of commercial

com

mon

in

tere

sts

How? The rules of the

game

How?

selection of

coworkers by type of projects

project defined and ledby the

promoters

How? all participants

paidfor their work

feasibility of the project

guaranteed

to spend a few hours per month to develop new projects that create new business

opportunities for all

Pr

ereq

uisit

e

Prer

equi

site

methodology and philosophy of collaborative

work

SomeLEGAL QUESTIONS

1-Confidentiality and protection of (among others) IP rights

1.1. How can we preserve and protect the confidentiality of certain types of information which might be accessible within open and shared spaces? We are mainly thinking of IP rights

1-Confidentiality and protection of (among others) IP rights

1.2. What methods would best guarantee the protection of IP rights of parties involved in the co-working project? Will an “honor system” be sufficient ? Would a more traditional form of contractual agreement be helpful? Or would it be contradictory to the philosophy underlying co-working?

1-Confidentiality and protection of (among others) IP rights

1.3. Would an agreement based on the “collaborative law” model be the answer, to find a preventive and amicable solution?

2-Treatment of potential conflicts / dispute resolution

2.1. Once a breach of confidentiality (or any other commitment from co-workers) occurs,what dispute resolution mechanisms are appropriate? We would like something that fits in with the philosophy of co-working.

2-Treatment of potential conflicts / dispute resolution

2.2. In the U.S. and in France there are “collaborative law” initiatives that aim to work out conflicts in a cooperative manner, based in large part on successful techniques for negotiating or mediating conflict . What is the experience in francophone countries between coworkers pursuant to collaborative agreements? In particular, we would like to hear “success stories” in dealing with different types of issues: which solution was chosen, and why.

2-Treatment of potential conflicts / dispute resolution

2.3. We would be very interested in hearing about any successful experiences using mediation to resolve actual or potential disputes related to co-working projects.

3-Legal bases for relationships among and with co-workers

3.1. Leaving aside the promoters, how should the relationships between or among co-workers be regulated? Are co-workers business partners? Something more? Something less? Beyond the basic duty of good faith that is expected in all business dealings, what duties of loyalty, if any, would they, or should they, be expected to owe each other?

3-Legal bases for relationships among and with co-workers

3.2. Fresh knowledge may spring from the newly established relationships among co-workers and without the promoters’ participation in the projects, which might in turn give rise to conflicting relationships or loyalties that could negatively affect the original project. How can this be avoided? Or is this, to some extent, inevitable? Would an agreement based on the “collaborative law” model be the answer?

3-Legal bases for relationships among and with co-workers

3.3. How can the occupational risks be solved, those related to the difficulty in distinguishing between a self-employed person and a salaried worker, depending on the level of engagement or/and dedication to the project? (Depending on the success achieved, the need might arise for exclusive dedication to a specific project, which might hinder the aforementioned distinction).

3-Legal bases for relationships among and with co-workers

3.4. How could co-workers be offered a share in any successful outcomes where IP rights arise? For example, how could one establish from the outset a distribution between the person who had the initial idea and those who developed it at a later stage, including know-how as well as additional IP rights? (The time invested may be different compared to the additional value created, and this value may vary from project to project).

thanks