Intellectual property

Intellectual property law, also known as IP law, is a collection of rights that provide protection for (creative) human achievements, elaborate ideas and distinctive marks. Well-known intellectual property rights include copyright law, trademark law, trade name law and patent law.

Categories of intellectual property law

Intellectual property rights fall into three categories:

• Rights to creative works: this refers to the creative work of the creator or inventor. Examples include written (literary) works, music, software, clothing designs, artwork and (portrait) photographs;
• Rights to signs: this refers to distinctive signs such as registered trademarks and trade names. Using these distinguishing marks allows people to recognise your company, your product or the services you offer as such. This can include both the (written) name of your company, and the associated (if registered) visual elements of your trademark;
• Rights to technology and innovation: relate to inventions. A well-known example is patent rights that protect technical inventions, but plant breeders’ rights and topography rights can also fall under this category.

What is an absolute right?

An IP right is an absolute right. This means that, as an IP right holder, you alone get to decide vis-à-vis everyone else what can and cannot be done with your intellectual property rights.

Thus, only the IP rights holder may:

• producing the protected product
• publish and reproduce a copyrighted work
• Using a registered trademark to distinguish products or services.

In addition, it is also possible to transfer IP rights, grant licences to them or make other contractual agreements on them.

Intellectual property law within companies

Within companies, IP rights play an increasingly important role and also represent an increasing value. A company’s value used to consist mainly of its tangible assets (such as buildings and machinery). Nowadays, on the contrary, it is often the case that the value of a company consists largely of intangible assets that include IP rights.

Companies invest a lot of time, money and energy in developing IP rights and these rights need to be protected. IP law offers various enforcement options. Besides the possibility of seeking an injunction against the infringement in court, other claims may also be brought such as damages, disgorgement of profits and a section 1019h claim seeking full reimbursement of litigation costs.

Contact Bout Advocaten

Our lawyers can help you record and protect your IP rights. We can take action against parties infringing your IP rights, but we can also assist you if you are accused of infringing the rights of another party. Curious about the possibilities? If so, please contact one of our specialists to the right or complete here the contact form here.