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Intellectual property: what can I do with it?

Intellectual property is your property: you may protect it, but also exploit it commercially. Just as with tangible assets, you can license, transfer, or pledge your IP rights — and take action against anyone who infringes upon...

Published on October 22, 2020 by MKBjuristen.nl
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Intellectual property is your property: you may protect it, but also exploit it commercially. Just as with tangible assets, you can license, transfer, or pledge your IP rights — and take action against anyone who infringes upon them.

Protecting and enforcing your IP

Intellectual property is intangible, but it does enjoy protection. No one may simply use your work, trademark, or invention. If someone infringes, you can take action: send a cease and desist letter, demand removal and damages, and seek an injunction with a penalty payment.

Licensing IP

You can grant someone else permission to use your IP via a license, in exchange for a fee (royalty). The license can be exclusive or non-exclusive and limited to a territory, period, or application. This way, you earn from your IP without giving it away.

Transfer or pledge intellectual property

You can also fully transfer IP rights to another party, for example in the case of a business acquisition. A deed is required for the transfer of certain rights, such as copyright. Additionally, you can pledge IP rights as security for financing.

Document agreements properly

Whether you grant, transfer, or pledge a license: record the agreements in writing and precisely. Uncertainty regarding the scope of a license or the transfer leads to conflicts. For work performed by employees or freelancers, determine in advance who holds the rights.

Frequently Asked Questions

Can I earn money from my intellectual property?

Yes, inter alia by granting a license against a royalty, or by transferring or pledging the rights.

Do I need a deed to transfer intellectual property?

For certain rights, such as copyright, a deed is required. Always record the transfer in writing and precisely.

What can I do in case of infringement?

You can issue a formal demand, demand removal and compensation, and seek an injunction with a penalty payment.

Leveraging your IP commercially?

Our legal experts draft license agreements or deeds of transfer and take action against infringement. View our IP lawteam or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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