Intellectual Property (IP).

Intellectual property (IP) is an umbrella term for rights to creations. It involves ownership, but not of things. Intellectual property law allows you to own an idea, a design, text and inventions. There is no single law governing intellectual property law: intellectual property law includes several legal rules, both national and international.

What types of intellectual property rights exist?

Intellectual property rights protect the owner of intellectual property. That intellectual property exists in various forms. One can think of the trade name law, the trademark law and the copyright. Other intellectual property rights include database law, patent law (patent law), design and model law, neighboring rights and plant breeders' rights.

Trade name law

Businesses often operate under a particular name. The name under which a company goes public is called a trade name. The trade name is protected. Once a company actually uses a name that is recognizable to the public, the user of that name enjoys protection. It does not matter whether the trade name is used by an individual (sole proprietorship) or a legal entity (such as a limited liability company). Nor does it matter how large the company using the name is. The person who first used a particular trade name is protected. This means that no one else may use an identical or very similar name for a similar business if this may cause confusion among the public. Trade name law arises automatically from the use of a particular name. Registration of a trade name is not required. Read more about the trade name law.

Trademark law

A company name is often automatic and trade name, but not necessarily a trademark. Trademark law serves to protect distinctive signs in a company name or logo. Slogans can also be covered by trademark law. Trademark rights arise only after registration with a trademark office. There are several trademark offices, such as the Benelux Office for Intellectual Property. (BOIP) where a trademark can be registered in the Benelux. A European trademark can be registered at the EUIPO.

With a registered trademark, the owner has the exclusive right to use the mark within specific countries and for certain categories of products or services. Read more about what the trademark lawyer of Lexys can do for you.

Copyright

Copyright protects creators of works. Copyrighted works include works of literature (texts), art and science. These include books, weblogs, music, films, software and images. Copyright arises automatically when a work is created. Registration is not required. The creator of the work is usually the copyright owner, but if the work is commissioned by another person, that other person may be considered the copyright owner. Also, the creator's employer may be the copyright owner. Another special feature of copyright law is that it often remains valid for 70 years after the creator's death. Click here to read more about the copyright.

Intellectual property litigation

If intellectual property rights are being infringed, our lawyer can help you further. If necessary, he or she can file a initiate proceedings to force the other party to continue infringing on your rights. This is often accompanied by a penalty. A special feature of intellectual property litigation, is that it often involves what is called a ‘actual legal costs‘. You will then be reimbursed for all your legal costs, if you win the lawsuit. Take contact contact our attorneys for more information on this.