Home English Intellectual property Issues concerning establishing Intellectual Property (IP) rights

Issues concerning establishing Intellectual Property (IP) rights

Intellectual Property

Intellectual Property (IP) refers to creations of the mind, such as software development, inventions; design; and symbols; names and images used in commerce. In the Netherlands IP is protected in law by several law types, every law type has its own specifics how protection works. In some cases it is necessary to protect your service or product by multiple property rights. For example when you develop new software or games. The quantity of protection laws and the level of protection make IP law complex. The right knowledge of the law of technology is necessary. The most used laws and there pitfalls are mentioned below. If you have any questions concerning this subject feel free to contact us at: frank@kreinn.nl

Which laws are there and what do they protect?

Fundamentally there two main difference: laws who automatically protect you and laws who will protect you after registration.

Automatically:

  • Copyright: The Copyright Act protects works of science, art, literature and scholarship. These for examples include the development of software, games, music, drawing and music.
  • Neighbouring rights: The neighbourings Act protects works of music and film producers.
  • Database protection: The Database Act protects collections or ordered data. Developing and creating a new database is protected by copyright. The collection of a database is protected by the Database Act.
  • Trade name law: The Trade name Act protects those names under which one does business. Protection is arranged automatically from the point when the enterprise starts operating.

Although registration is not needed due to evidence law it is highly advisable.

Registration is needed:

  • Design rights: Design rights protect the designs of two or three-dimensional products. This for examples includes design of multimedia products.
  • Trade marks: Trade mark rights protect the names of products or services. They also protect logos and designs.
  • Patents: Patents protect inventions of products and technical processes. The gain a patent one must license its invention.

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