Entrepreneurs have daily intellectual property rights. Each company has one or more names and therefore has to do with the Trade Name Act. Many businesses today use the medium “internet”. Even then they are dealing with intellectual property rights.
Intellectual property rights are rights that provide protection to “human goods” products against unfair competition. Various treaties and laws govern the protection of intellectual property rights, such as: copyright, trademark law, trademark law and patent law. Less well known are the design and model law and database law. This summary is not exhaustive, but indicates that intellectual property rights can be divided into various (overlapping) categories.
Part of working capital
The term “intellectual property rights” indicates that ownership is a matter of ownership. Rights holders therefore belong to these rights and entrepreneurs to their working capital. Intellectual property rights may be sold, pledged or licensed. Furthermore, it is advisable to protect intellectual property rights from infringement.
All right and you will think, but what do I need as an entrepreneur with this information. Unfortunately, for some entrepreneurs, it is only painful for some entrepreneurs when they are facing a negative impression, for example, when a competitor is “out of it” with certain ideas, (domain) names or products that have been dealt with by the particular entrepreneur or where this entrepreneur feels entitled to have.
To illustrate an example for you
A competing company brings a product to the market that is (virtually) identical to your own products. The term “imitation products” differs hardly from your own product name. In addition, the competitor does not bother to present himself under a trade name and / or a domain name that suspects much resembles the (domain) name of your own company.
Such situations are the order of the day. An entrepreneur who wishes to oppose this often finds himself afterwards facing the problem that the rights to which he claims to be claimed are not properly and / or adequately protected. For a legitimate appeal to intellectual property rights, prior (international) registration is usually required. Even if registration is not required, registration often prevents discussion about which party has the oldest rights. In short, intellectual property rights mean “old goes for new” or “first come first served”.
Your company logo, company name and name for your products can easily be registered as a trademark. Both in the Benelux and within the EU or worldwide. The design of your products may be eligible for model protection. Depending on the technical nature of the products concerned, patent law may also be available.
We, the specialists of Spectrum Advocaten, can advise you. Feel free to contact us for an appointment.
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