If you create something and post it online, anyone can see it—and, in theory, copy it. People can apply for patents on inventions, but things like a blog or a song you’ve written yourself are a bit different. That’s where intellectual property comes in: to protect the fruits of the mind. In this blog, we’ll tell you more about what intellectual property is and how it works!
What is intellectual property?
Intellectual property rights protect creations of the mind. That might sound a bit vague, but it basically means that you own the rights to something you’ve created. This can be anything from a story you’ve written to a specific design for a website or app. Unlike a patent or ordinary property rights, intellectual property rights protect intangible assets. If we take a car as an example, intellectual property rights do not protect the car itself, but rather the ideas behind it—such as the car’s design or specific new technologies incorporated into it. Intellectual property rights can even apply to a car’s model name.
What types of intellectual property rights are there?
Intellectual property consists of a number of rights that are governed by various laws and international treaties. Each type has its own requirements for protection, a different scope of protection, and a different term of protection. Below, we will explain the six most common forms of intellectual property: copyright, database rights, know-how, patent rights, trade name rights, and trademark rights.
Copyright
Copyright belongs to the creator of a work; the law refers to this as “a work of literature, science, or art.” In principle, you don’t have to do anything to obtain copyright; you don’t need to apply for the right or anything of the sort. You simply need to be able to demonstrate that a work was created or written by you. For example, copyright in a book arises when it is written, and copyright in a musical composition arises when it is composed. Software is also subject to copyright, of course, and that arises when the code for the software is written. For software, it also does not need to be finished to obtain copyright; even the alpha version is protected by copyright.
Patent law
You can obtain a patent if you invent something that does not yet exist or, at the very least, has not yet been made publicly known anywhere in the world. In addition, it must be the result of an inventive step—in other words, it must be inventive—and it must be capable of being applied, meaning it must actually work. You can apply for a patent at the Patent Office. Generally speaking, you cannot obtain a patent for software.
Database Law
Database rights are also known as extraction rights and are intended for the producer of a database. A database refers to collections that demonstrate a substantial investment. Examples include a collection of keywords in a dictionary or names in a directory on a website. There are no formalities required to obtain this right, so it is comparable to copyright. You don’t have to apply for it like a patent!
Trademark Law
Trademark law applies to signs used to distinguish a company’s products or services. In other words, signs that identify a company, such as a logo, a name, or a word mark. To obtain this right, it is important that the logo or word mark has sufficient distinctiveness. In some cases, trademark rights can also be obtained based on a color, a musical tune, or even a scent. You must apply for trademark rights. You do this through the Benelux Office for Intellectual Property.
Trade Name Law
Trade name law is intended to protect the name under which a business operates. A trade name may be registered with the Chamber of Commerce, but this is not required to qualify for trade name protection. The only requirement for this right is that the trade name be used consistently by a company—not just verbally, but also on stationery, on the website, as a domain name, and so on. In addition, the trade name must also be known to a wider public.
Expertise
The final type of right is know-how. This is sometimes still a somewhat vague concept, but know-how encompasses intangible works that are not, or only minimally, protected by intellectual property rights, yet still hold value. Examples include a mathematical formula, a marketing concept, or the image rights of a well-known person. In practice, we often see people protecting know-how through Non-Disclosure Agreements. A fine is therefore often imposed for breaching these agreements.
When is it essential to have your intellectual property in order?
It’s generally always a good idea to make sure you have your intellectual property rights for your business, product, or service in order, but there are a few situations where this is especially important:
- You want to transfer or sell your intellectual property rights
- You want to sell your business and therefore transfer shares
- You are currently involved in disputes with competitors or other market players regarding IP infringement
- You want to obtain financing or secure a lien
- You want to sign contracts with customers and distributors