Intellectual property

In this article, we will discuss intellectual property. This is a collective term for the rights to all kinds of creations and elaborated ideas. If you work in the creative sector or have conceived or created something from another capacity, you would like to protect it. It would be a shame if someone walks away with it, even though you yourself have put a lot of work into it.

What is covered by intellectual property?

Many (elaborate) ideas and products are covered by intellectual property. Examples include design, inventions, texts and books, drawings, models, music, trademarks, software, games, artwork and photographs. To protect these things, there are several rights that you automatically have by creating something or can get by registering rights that allow you to protect your idea, concept or product in part or in whole. The main features of these rights are:

• Monopoly/prohibition;
• Protection in a particular area;
• Protection for a period of time;
• Multiple rights may apply simultaneously.

'Free' intellectual property rights

The moment you create something, you automatically have a number of rights without any registration requirement. Below are some of these rights.

• Copyright Copyright covers original works you have created, such as a book, a website, digital content and works of art. When you create, you automatically acquire the right to publish or reproduce it.
• Personal rights are part of this. On this website, we have also written an extensive article on copyright law.
• Neighboring rights As an extension of copyright, there are neighboring rights. If, for example, you are a performing artist, news publisher or film or music producer, you can decide who may use, distribute or reproduce your creation as far as primary exploitation is concerned. You have the right to charge a reasonable fee for this. For secondary exploitation, such as radio broadcasting and the like, the right of prohibition has shifted to CSs such as Sena, which take care of licensing and remuneration.
• Trade name law The trade name, for example, is the name you use in communications to customers. Registration of the trade and company name is done at the Chamber of Commerce. The right to the trade name arises through its first use in the area where you operate, where your customers are. Also read the section on trademark law (a little further on).
• Database law Database law covers a collection of data or information. Here you can think of a job board. It gives you the right to take action against the extraction and reuse of elements from the database.

Forms of intellectual property you can register

Besides rights that you acquire through creation, there are also some rights that you only acquire when it is registered in an official registry. Below are the most common rights in the creative sector.

• Patent law Patent law covers technical products or processes and gives you the right to exploit them.
• Trademark law With trademark law, you protect a name or a distinctive sign (such as a logo) that you use to distinguish your product or service from those of your competitors. You then have a monopoly on it and can prohibit others from using it.
• Design right Design right also protects you from being used by others and it relates to the design of a particular product.

How to register intellectual property

You can register your intellectual property yourself with one of the agencies listed below. You can also use companies that act as intermediaries. They can help you go through the registration process for a fee. In any case, it helps to go through the ideaSCAN first. This is a useful initiative of Benelux-Bureau for Intellectual Property (BOIP) and Octrooicentrum Nederland.

Bodies in the Netherlands

If you work in or from the Netherlands, you have some official bodies where you can register intellectual property. You can find these below. Other organizations that communicate under the title "trademark agency" or something similar are usually intermediaries.

• Benelux Office for Intellectual Property (BOIP) With this organization you can register trademarks (including names and logos), designs (3D) and drawings (2D).
• Rijksdienst voor Ondernemend Nederland / Octrooicentrum Nederland This is where you can apply for patents. These usually relate to technical products and applications.
• Chamber of Commerce At the Chamber of Commerce you can file your company name and trade names.

Bodies that can exploit intellectual property

Elsewhere on this website we have a list of organizations that can exploit copyright for you. This is linked to the type of art you make / the field of work within the cultural sector in which you are active.

I-DEPOT

The i-DEPOT is a tool developed by the Benelux Office for Intellectual Property (BOIP). It is a kind of digital safe in which you can store all kinds of documents, videos, texts and other items that you can use to prove that you had them in your possession at a certain time. The i-DEPOT has the status of an authentic deed but is a lot cheaper than the notary. You fill the i-DEPOT with information and then it will never be opened again unless you want to use it as evidence in case of a conflict. So you can't add anything to it after that.

What to do in case of intellectual property infringement?

In most countries, people who infringe someone else's intellectual property can be prosecuted criminally and privately. You have the right to protect your (intellectual) property. Ideally, you want to do this without going to court because this is often very costly and lengthy. Especially against large parties this is not without risk because if you lose you may also have to pay the winning party's costs, both judicial and extrajudicial. In addition, it simply takes a lot of energy. Always make sure that you have kept as much evidence as possible to prove that you are the creator of a work and therefore the rightful owner. In addition, you can make use of the previously mentioned options for filing via an iDepot, for example, for rights that arise automatically such as copyright. With that baggage in your back pocket, first try to settle it among yourselves by notifying the person who is infringing your intellectual property. If that is not enough you can send a summons letter and then proceed to hire a lawyer, with the possibility of starting a lawsuit.

Disclaimer

For this article we used the knowledge of RakenDra Smit who is an advocate/lawyer with the Kunstenbond. We also thank Jan Hart of the Benelux Office for Intellectual Property (BOIP) for contributing his knowledge.

If, from your expertise, you yourself have knowledge that would fit this topic, or if you see opportunities to improve this text, we look forward to receiving your message at info@cultuuracademy.nl.