IP – IT, DATA PROTECTION & TMT

IP – IT & Data protection

Our firm, aware that the preservation of its Clients’ ideas and Intellectual Property rights is of crucial importance, assists them, both as counsel and in litigation, in resolving the legal issues related to the protection of their intangible assets, issues that are becoming increasingly complex, driven by the rapid progress of information and communication technologies.

 

Our Missions:

Protection of Trademarks, Trade Names, Patents, Designs :
Assistance for the registration of trademarks, patents, designs and models:

  • Prior art searches;
  • Determination of the filing strategies best suited to the Client’s needs and business model;
  • Filing registration files with the Moroccan Office of Industrial and Commercial Property and internationally.

Protection of Personal Data:

  • Audit of personal data processing and protection policies and assistance in complying with the provisions of Law N°09-08 (information, access, rectification, opposition, restriction of automated profiling used as a basis for a decision, etc.);
  • Assistance to transfers of personal data outside Morocco and their compliance with the RGPD and complementary national regulations;
  • Advising and supporting Data Controller/Data Protection Officers (DPO) in their functions;
  • Assistance with the formalities to be completed with the regulatory authorities (CNDP/CNIL).

Computer Law, Electronic Commerce and New Technologies:

Consultations, negotiation and drafting of computer contracts:

  • Contrats d’outsourcing informatique. – Contracts related to software development;
  • Software licensing agreements;
  • Systems development and integration contracts;
  • Maintenance contracts;
  • IT outsourcing contracts.

E-commerce:

  • Assistance in setting up and operating e-commerce web sites:
    • General Terms and Conditions of Sale – Auditing the compliance of the ordering process with consumer law;
    • Drafting of Legal Notices, General Terms and Conditions of Sale, and General Terms and Conditions of Use (CGV-CGU);

Securing e-marketing operations.

Assistance in pre-litigation and litigation matters:

  • Actions in unfair competition;
  • Infringement litigation (Software – Databases – Trademarks – Works of the Mind);
  • Drafting and filing of complaints in matters of computer piracy, online harassment, illegal content.

Telecommunications, medias & technologies

The firm has acquired a certain experience in the field of TMT and intervenes, both in advice and litigation, with infrastructure owners, investors, operators and manufacturers.

 

DS-HLF is particularly in the news by assisting the national operator of reference in the first legal dispute ever initiated in Morocco related to the unbundling of the local loop.

 

The TMT practice of DS-HAMZI LAW FIRM covers :

All issues related to telecommunications regulation:

  • General and sectoral competition law;
  • Assistance to operators in the audit of their regulatory situation and the implementation of regulatory changes.

The implementation of specific agreements in the field of TMT:

  • Agreements for the construction and operation of infrastructure;
  • Interconnection contracts;
  • Contracts relating to the supply of equipment, transfer of rights, or purchase of materials, etc.;
  • Contracts relating to the construction and operation of infrastructure;
  • Contracts relating to interconnection;
  • Contracts relating to the supply of equipment, transfer of rights, or purchase of materials, etc.

Mergers and acquisitions in the TMT sector and the setting up of complex Telecom projects.

Representation before the regulatory authorities and settlement of disputes, by means of judicial litigation, arbitration, or mediation:

  • Abuse of dominant position;
  • Abuse of economic dependence;
  • Vertical and horizontal agreements ;
  • Anticompetitive practices.