The document discusses potential legal aspects and questions around coworking spaces. It raises questions about [1] protecting confidential information and intellectual property rights given the open shared workspace, [2] appropriate dispute resolution mechanisms that fit the collaborative philosophy when conflicts arise, and [3] determining the legal relationships between coworkers, promoters, and projects to address issues like conflicting loyalties, occupational classifications, and equitable distribution of intellectual property rights. The document suggests collaborative law agreements and mediation could help prevent and resolve disputes in a cooperative manner aligned with coworking values.

1. Notes on Coworking:
Potential Legal Aspects
IDEAS THAT CREATE
STRUCTURES
Consultancy, Construction and
Property Development and Services
Legal and Tax Advice Firm
Communication and Proximity
Services Management Agency

2. ?

4. We belief that is
possible to work in
a different way…

6. … a belief that
GOES FURTHER
than sharing a
space

8. IDEAS THAT CREATE
STRUCTURES
COllaborative INnovation

11. We …
Who are We?

12. Share values, concerns,
management styles and
We …
the desire to collaborate
and innovate

14. Consultancy, Construction and
Property Development and Services
We …
Legal and Tax Advice
Communication and Proximity
Services Management Agency

16. Our challenge
to develop projects
to generate ideas and
business opportunities

18. Our challenge to discover talent
to create synergies
among the promoters
and coworkers

21. common interests
REUSE of
Smart Cities commercial
Legal
Urban Innovation
REHABILITATION
MOBILITY
solutions
CSR Green
economy
Collaborative
LAW
Financing of social housing PPPs

22. How?
The rules of the game

24. project selection
How?
defined of
and led coworkers
by the by
promoters type of
projects

28. feasibility of the
How?
project guaranteed
all participants paid
for their work

29. Prerequisite
to spend a few hours
per month to develop
new projects that
create new business
opportunities for all

30. Prerequisite
methodology and
philosophy of
collaborative work

32. Some
LEGAL QUESTIONS

33. 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

34. 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?

35. 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?

36. 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.

37. 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.

38. 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.

39. 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?

40. 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?

41. 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).

42. 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).

43. thanks