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What types of intellectual property are there and how do you protect them?

Intellectual property is a collective term for various rights, each protected in its own way. Some, such as copyright, arise automatically; for others, such as trademarks and patents, you must apply for registration. Patent law (patent) The...

Published on September 24, 2020 by MKBjuristen.nl
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Intellectual property is a collective term for various rights, each protected in its own way. Some, such as copyright, arise automatically; for others, such as trademarks and patents, you must apply for registration.

Patent law (patent)

Patent law protects technical inventions: a new product or a new process. Protection does not arise automatically; you must apply for a patent and meet strict requirements, including novelty. A granted patent gives you the exclusive right to the invention for a limited period.

Trademark law

Trademark law protects distinctive signs for products or services, such as a name or logo. Here too, protection is in principle obtained through registration with the Benelux Office (BOIP) or the EU Office (EUIPO). A registered trademark provides strong protection for the registered goods or services.

Copyright

Copyright protects works with a unique, original character: texts, designs, photographs, music, and software. This right arises automatically upon the creation of the work; you do not need to register anything. However, it is advisable to record who the creator is and who holds the rights.

Design law and trade name law

Design rights protect the appearance of a product (shape, color, lines). A registered design requires registration; in addition, there is limited protection for unregistered designs. Trade name rights protect the name under which you conduct business and arise from the actual use of that name.

Frequently Asked Questions

Which IP rights arise automatically?

Especially copyright and trade name law. Registration is required for patents, trademarks, and registered designs.

How do I protect an invention?

With a patent, which you must apply for and which must meet strict requirements such as novelty.

Do I need to register my copyright?

No, that happens automatically. Do record who the creator is and who holds the rights, especially for work by staff or freelancers.

Protect your intellectual property?

Our legal experts advise on all IP rights and handle registrations. View our IP, trademark, or copyrightteam, 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.

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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