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Intellectual property (IP) is a collective term for rights to creations of the human mind — brand names, logos, texts, software, inventions, product design. In the Netherlands and the EU, there are five main forms: trademark law, copyright law, design law, patent law, and trade name law. Some rights arise automatically (copyright), while others must be actively registered (trademark law, design law, patent). Below is a quick overview — Maya (graphic designer) learns what she needs to protect in 5 minutes.
The short answer
- Trademark right: name/logo, BOIP/EUIPO registration, term of 10 years (renewable).
- Copyright: original works (text, images, software), automatically upon creation, term of 70 years after death.
- Design right: design of products, BOIP/EUIPO registration, term of up to 25 years.
- Patent law: technical inventions, registration via Patent Office NL/EPO, term of 20 years.
- Trade name law: business name, automatically associated with use (Trade Name Act).
The five IP rights
1. Trademark law
Protects brand names, logos, slogans — everything that distinguishes your products/services. Registration with BOIP (Benelux) or EUIPO (Europe) — costs starting from €240 for 10 years. Renewable indefinitely. See trademark registration.
2. Copyright
Protects original creative works: texts, photos, videos, software, designs. Created automatically upon creation — no registration required. Lasts until 70 years after the death of the creator. See copyright protection.
3. Design rights
Protects the external design of products — furniture, clothing, packaging, jewelry. Registration with BOIP or EUIPO. Duration 5 years, renewable up to a maximum of 25 years. See design registration.
4. Patent law
Protects technical inventions — devices, processes, assemblies. Requires novelty, inventive work, and industrial applicability. Application at Patent Office NL (NL) or EPO (Europe). Duration 20 years, non-renewable. See patent /.
5. Trade name law
Protects the name under which you operate a business. Arises automatically upon operation (Chamber of Commerce registration helps). Geographically limited — protection in the region where known.
Which right protects what?
| What do you want to protect? | Which right? |
|---|---|
| Brand name, slogan, logo | Trademark law |
| Text, photo, software | Copyright (automatic) |
| Furniture / packaging design | Design rights |
| Technical invention | Patent |
| Company name | Trade name law (automatic) |
| Plant species | Plant breeders' rights |
| Neighboring right (implementation) | Neighboring rights |
You often combine several — a product can simultaneously be protected by copyright (design), registered under design rights (shape), and be a trademark (name on product). A software package: copyright (code), trademark rights (product name), and possibly a patent (technically unique algorithm).
Register or not?
Automatic:
- Copyright — upon creation.
- Trade name law — regarding usage.
- Neighboring right — upon execution.
Register (required for protection):
- Trademark law — otherwise no protection.
- Design right — otherwise no protection.
- Patent — otherwise no protection.
- Plant breeders' rights — otherwise no protection.
Tip: even with automatic rights, you can record useful proof of the creation date (i-DEPOT at BOIP, blockchain timestamp, certified email) — especially for copyright in disputes.
What happens in the event of an infringement?
In the event of infringement of IP rights:
- Demand letter: request to cease infringement + damages.
- No response? Summary proceedings for immediate relief.
- Substantive proceedings: case on the merits for a final ruling and damages.
- In the event of a cross-border infringement: EU procedure or international steps.
For trademark infringement specifically: see trademark infringement.
International dimension
IP rights are national or regional (Benelux, EU). For worldwide protection:
- Trademarks: Madrid System via WIPO — worldwide via a single application.
- Designs: Hague Convention — international design registration.
- Patents: PCT procedure via WIPO — file worldwide, validate by country.
- Copyright: Berne Convention — automatic recognition in 180+ countries.
Maya's checklist
Maya (graphic designer, own brand name “MayaDesign”):
- Trademark name “MayaDesign” → BOIP trademark registration (€ 240).
- Logo → automatically copyrighted + i-DEPOT for proof of date.
- Designs for clients → agreements via license agreement or transfer in quotation.
- Own design portfolio on website → protected by copyright, watermark + IP clause in general terms and conditions.
Honest recommendation
For SMEs: register the trademark before market introduction (€240 BOIP is negligible compared to rebranding costs in the event of a conflict). For designers and software entrepreneurs: include copyright clauses in every client contract. For product designers: apply for design rights before publication (loss of novelty). For inventors: the patent route is expensive (€5,000 – €50,000+) but essential if the business model depends on it. An IP lawyer or trademark agency pays for itself with every serious creation.
For specific topics: trademark registration, copyright , and patent.
Frequently Asked Questions
Collective term for rights to creations: trademarks, copyrights, designs, patents, trade names, plant breeders' rights, neighboring rights. Some arise automatically (copyright, trade name), others require registration (trademark, design, patent).
Trademark law (names, logos), copyright (original works), design law (design), patent law (technical inventions), trade name law (company name). Plus plant breeders' rights and neighboring rights for specific domains.
All original creative works: texts, photos, videos, software, designs, music, architecture. Created automatically upon creation — no registration required. Duration 70 years after the death of the creator.
At BOIP for the Benelux (€240) or EUIPO for the EU (€850+). Select classes, submit mark, pay. Procedure 4-6 months. Preliminary search recommended before filing — search for existing marks in the intended class.
Trademark law protects distinctive signs (names, logos) — indefinitely renewable. Patent law protects technical inventions (devices, processes) — maximum 20 years, non-renewable. Different purposes, different procedures.
Automatic upon creation — but proof of creation date is useful. Options: i-DEPOT at BOIP, blockchain timestamp, certified email to yourself, or registration with a collective management scheme (BUMA, Pictoright). Indispensable in the event of disputes.
Demand letter from IP lawyer (€500-€2,000) → in case of no response, summary proceedings (€3,000-€10,000) → potentially main proceedings. For international cases: EU or WIPO proceedings. Act promptly — inaction weakens rights.
