Definition

Cybersecurity refers to the set of practices, tools, and regulations aimed at protecting information systems and data from any violation of their confidentiality, integrity, availability, and traceability.
In the field of intellectual property (IP), cybersecurity is crucial to preserve a company’s intangible assets, such as software and source code, databases, digital works (videos, music, graphic works), business secrets, and know-how.
Cybersecurity therefore aims to prevent these elements from being stolen, copied, counterfeited, or exploited without authorization.

Practical issues for intellectual property

A cybersecurity breach can lead to the loss of control over protected strategic assets and compromise a company’s ability to assert its rights.
The main risks are:

• Intrusions and data theft: hacking of source codes, technical plans, or protected creations
• Unauthorized distribution: sharing content on illegal platforms (streaming, downloading, NFTs)
• Digital counterfeiting: reproduction and commercialization of identical products or content
• Harm to proof of ownership: difficulty in proving the creation or possession date of an asset in case of a dispute

To protect against these risks, it is recommended to implement:

• Encryption systems and enhanced authentication
• Timestamped deposits or with trusted third parties
• Regular audits and internal procedures for rights protection
• Incident response plans (cyberattacks, ransomware)

Legal framework

In France:

• Intellectual Property Code (CPI)
  o Articles L.112-1 and L.112-2 13°: Protection of software and databases as works of the mind.

Practical example

A video game company secures its source code by encryption, makes a timestamped deposit with a trusted third party, and applies internal access restrictions.
In case of theft or illegal distribution of the game, these measures allow:

1. To establish proof of ownership and creation
2. To initiate a counterfeiting seizure and a civil action to obtain damages
3. To prosecute the perpetrators of the intrusion and counterfeiting

FAQ :

1. What are the cybersecurity risks for IP?
   The main risks include data theft, illegal content distribution, digital counterfeiting, and difficulties in proving ownership of assets.
2. What tools are recommended to protect IP?
   Using encryption, enhanced authentication, timestamped deposits, and regular audits are essential to protect intellectual property.
3. What is the purpose of a timestamped deposit?
   A timestamped deposit helps prove the creation date of an asset, facilitating the defense of IP rights in case of a dispute.

Conclusion :

Cybersecurity is crucial for the protection of intangible assets. Appropriate measures, in compliance with the legal framework, allow for effective defense of intellectual property rights against digital risks.