Intellectual property: What is it? + capture & protect

Introduction

If you create or invent something, that creation is your intellectual property. Chances are, of course, that others also want to benefit from your success. Therefore, it is very important that you protect your intellectual property. That way, others cannot run off with your idea without your permission.

What is intellectual property?

To start at the beginning, what exactly is intellectual property? Intellectual property is an umbrella term for rights that protect ideas, concepts and inventions. It refers to worked-out ideas, i.e., not figments of your imagination. Intellectual property applies, for example, to new products, brands, techniques, software, music, texts, photographs and illustrations.

Types of intellectual property rights in the Netherlands

There are different types of intellectual property rights in the Netherlands. This is because you cannot lump creations and ideas together. If you make a new invention, that is something different than if you write a text. There are different types of intellectual property rights in the Netherlands:

• Patent law or patent law: protects an invention relating to a technical product or process. You can apply for a patent at the Netherlands Patent Office, which is part of the Netherlands Enterprise Agency.
• Trademark lawprotects names of products or services, including logos and packaging. You can register your trademark with BOIP, the Benelux Office for Intellectual Property.
• Copyright or copyrightprotects works of literature, science or art, such as books, paintings and photographs. This right does not need to be registered or established: it applies automatically as soon as you create work covered by it.
• Neighboring rightsprotect the efforts of performers, music producers, film producers and broadcasters. These rights arise naturally, as with copyright.
• Drawing and design rightprotects the design of two- or three-dimensional utilitarian objects, such as the design of household appliances.
• Database right applies to collections of curated data, such as Central Bureau of Statistics data. This is an automatic right that does not need to be registered first.
• Trade name law protects a company's name. This too is an automatic right, which takes effect as soon as you actively use your company name. For example, on your website, invoices or in advertisements.
• Plant variety rights are there to protect new plant varieties from breeders.
• Chip law protects electronic circuits on a computer chip, which is programmed to perform a particular function.

Capturing intellectual property rights

It is important to know what law your intellectual property falls under. That also tells you whether you need to register your intellectual property rights. For example, registering intellectual property rights is not necessary if your creation falls under copyright (that right applies automatically), but it is necessary if you want to retain your trademark rights. You must officially register your trademark if you want to protect it properly. The same applies if you have made a technical invention: it is important that you apply for a patent on it as soon as possible, so that it is clear that you are the inventor and no one else.

What if your idea is not yet developed?

Intellectual property rights apply only to elaborate ideas. But what if you want to legally register your idea anyway, to be able to prove later that you were the first to come up with it? Then you can record your idea including date stamp in BOIP's i-DEPOT.

What if your intellectual property is used by others?

By recording your intellectual property, you take the first step in protecting your brand. It allows you to prove that your creation belongs to you. Of course, it may still happen that other companies try to make off with your creation without your permission. In that case, there are several steps you can take:

• First, have a conversation with the party using your intellectual property rights. After all, this is not always done with malicious intent. You can demand that the party stop abusing your intellectual property, or demand that he pay for the use of your product.
• Is this not working? Then take it to court. In that case, there are several legal avenues you can take, depending on the type of intellectual property right that has been violated. In any case, involve a lawyer, who will know whether you need to file summary proceedings, for example, or whether faster action is necessary to prevent damage to your company. In that case, you can file a petition and ask for an immediate injunction.
• In consultation with your lawyer, you will determine what you want to claim, such as damages or profit transfer of the money the other party made from your intellectual property.

Be sure to seek sound legal help in matters involving intellectual property rights. This will ensure that you protect your work most effectively.

Articles related to this topic are our post on copyright and design rights.

Also read more about a finding venture capital, inventing your own brand name or are you still looking for interesting company name examples to start your own business with good ideas discover our extensive articles where we elaborate on these topics.