Protection of property rights
Not all types of protection of intellectual property rights require registration. We can distinguish:
Copyright
Copyright protection is created automatically by creating a design; it requires no registration at all. However, in order to be able to apply it successfully, at a later date, it is important to secure your future evidence. For example by recording what was designed, by whom and when. It is therefore advisable to keep all design drawings and have them dated by an independent party. There are several parties who will, for a moderate fee, officially date documents. Please feel free to request further information on this service.
Registered design rights
Registered design protects the design of objects and, for example, patterns. There is also a free design right, which offers design protection for three years without registration. However, to be entitled to this you must register the design at the BBIE (Benelux Office for Intellectual Property) or the OHIM (Office for Harmonization in the Internal Market). It is important to do this in time, as designs can only be registered if they are still ‘new’. If a design has been available to the public for some time, it can no longer be registered as such. It is therefore advisable to keep a new design or pattern a secret until you have applied for this protection.
Patent law
Some (parts of) designs can be protected under patent law. These must be ‘technical solutions’ that are new and inventive. For example, a new kind of zip for clothing. As with registered designs, ‘novelty’ is an important requirement. If you want your design patented, it is advisable to keep it secret until patent rights have been requested.
Trademark law
In order to be able to invoke trademark protection, you must register your trademark and/or logo. Before registering and using a trademark and/or logo, it is wise to have research conducted into the existence of older, conflicting trademarks and trade names of third parties. This prevents you from having to change a brand when you have already invested in it.
Legal advice on the protection of Innovation, Design & Fashion
It is important to know who owns the rights to a design. In practice, this is often more complicated than it seems at first sight. It is therefore advisable to be well informed in this regard and make adequate agreements with your business relations. This prevents you from thinking you have rights that you do not actually have, and can prevent others from making off with your rights.
More information on the protection of innovation, design and fashion? Please feel free to contact one of our Intellectual Property team specialists. We’re always happy to help you.