Intellectual property is a catch-all term for multiple protection regimes. To give you guidance, below is a list of the various intellectual property rights. You can find more information about the individual rights via the corresponding links.
Intellectual property rights
A domain name is not strictly speaking an intellectual property right, but merely a kind of right to use a unique word as an Internet address. Nevertheless, the domain name is listed because it is often associated with trade names and/or trademark rights.
As a capstone, 'pseudo rights' such as slavish imitation (unfair competition) and/or torts can often be invoked in cases of counterfeiting or piracy.
IE: what's in it for you?
We can imagine you are wondering, "All well and good, but what am I supposed to do with intellectual property rights?" You can use intellectual property to protect a product or service or its branding.
In most cases, it comes down to economic rights, such as:
-
protection of goodwill, balance sheet value
-
protection against naäpery (conscious or unconscious)
-
protection against free-riding by competitors
-
exploitation
-
license
-
franchising (form of brand licensing)
-
merchandising
-
tax planning: e.g., IP company, U-turn (transfer with relicensing)
-
value of the business, goodwill
-
transfer e.g. with royalty obligation or lump sum redemption
Some cases also involve intangible interests, such as the ability to oppose mutilation of a copyrighted work, publication without attribution. Or, for example, the ability to reasonably oppose use of your portrait without permission.
Strategy
Registration
Legally, a registered intellectual property right is preferable (e.g., a patent, design or trademark). This is not always possible because the requirements are not met. Moreover, registration is not always desirable. For example, the disadvantage of patent registration is that the patent application is published after 18 months. That's when the invention becomes public. This deters some companies from applying for a patent. After all, you are then telling the competitor the blacksmith's secret.
Also, cost is often seen as an insurmountable objection to registration. But usually the benefits outweigh the disadvantage of putting costs before benefits.
Most intellectual property rights require registration. Copyright, database right, chip protection or trade name are not. Those rights arise automatically when certain conditions are met.
Alternatives
Can a particular product not be registered as an intellectual property right? Or do you choose not to register the product? In that case it may be useful to file a business plan, product description or image etc. as an
I-Depot with the
Benelux Office for Intellectual Property (BBIE) in The Hague. That can help if you need to prove when the business plan, product description, design was made. If you are accused of infringement, it allows you to prove your authorship. Moreover, a confidentiality agreement can refer to it without directly disclosing its contents.
Do you have no intellectual property rights, but you do have the idea or advertising concept of the century? Then you will need good contracts and especially good confidentiality and non-competition provisions, e.g. if you want to discuss or negotiate possible cooperation with partners, licensees, producers or other business partners.
