Intellectual property
Intellectual property protects innovations and creative achievements. These are rights in the products of the mind. Think of inventions, designs, trade marks and artistic works. In the creative and technological sector it is crucial to protect and enforce your intellectual property properly. Intellectual property includes, among other things, copyright, trade mark law and design law.
It is not the material object that is protected, but the “intellectual” creation that underlies the object. So: it is not the vase that is protected, but the design of the vase. It is not the DVD disc that is protected, but the film on it. “Intellectual” is used in contrast to material. Someone can own the material vase without owning the design (the creation) of the vase. Someone can own a DVD disc without holding the intellectual property rights in the film itself.
The same applies to books, photos, software, fashion designs, industrial design, furniture, TV formats and designs of buildings. Inventions can be protected too, by having them registered as a patent. The name of a business or institution (the “trade name”) is protected. Trade marks are protected once they have been registered.
Protection by an intellectual property right means that the creator can prohibit others from using their creation. This right can be, and often is, assigned or licensed. The person who acquires the rights can then exercise them.
What is copyright?
Copyright is an intellectual property right and was created, among other things, to ensure that someone else cannot simply show off with “something another person has made”. Copyright protects the makers of various kinds of works: texts, academic work, art or photos. To enjoy copyright protection, the work must meet three conditions:
- The work is original and sufficiently creative;
- The work is perceptible to the senses (it can be seen, read or heard);
- It does not concern a new technical product or process (in which case it is a matter of patent law).
Copyright arises automatically as soon as a work is made, so registration is not necessary. Want to know more about copyright?
What is trade mark law?
Trade mark law protects signs, names and logos that distinguish your products or services from those of others. If you register a trade mark with a trade mark office, it may only be used by others with your permission as the rights holder. With a trade mark registration you can therefore prohibit others from using your trade mark (or something too similar to it) for, among other things, the products or services for which you registered it (or, if it is a “well-known” mark, also for other, non-comparable products or services, on which more below). Want to know more about trade mark law?
What is design law?
Design law protects the appearance (design) of new products, such as clothing, furniture or packaging, against imitation. A registered design gives exclusive rights and prevents imitation. In the absence of registration, the design enjoys protection as an unregistered Community design for 3 years from the moment of publication. Want to know more about design law?
How can intellectual property be protected?
Some forms of intellectual property are automatically protected as such. Copyright is an example of this. So to obtain copyright you do not have to do anything.
Other kinds of worked-out ideas or creative concepts you must record as your property in order to obtain the exclusive right to them. A trade mark, logo, the design of your products and technical inventions must first be registered before you may regard them as your intellectual property.
Assignment of intellectual property and licensing
Just like the ownership of a bicycle, intellectual property rights can be assigned to another party. This requires the assigning party to be authorised to assign the right. In addition, a signed agreement is needed and specific delivery formalities sometimes apply, such as a deed of transfer. In some cases a licence is more advantageous than an assignment. A licence is for a fixed period, and a periodic licence fee can be agreed.
Here it is important to consider what is most advantageous in your situation. We can advise on this.
What can an intellectual property lawyer do for you?
As lawyers in the field of intellectual property, we can advise you on whether your work or performance is protected by copyright. And where the work is protected, we can call a halt to infringers. In addition, we can advise you on whether or not to register a trade mark. We can also advise and, if necessary, take action against infringers of your trade mark. And if you are accused of trade mark infringement, we can assist you too.
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