Marxman Advocaten Speelveld

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Intellectual Property

The term intellectual property covers a wide range of fields of expertise. These are products of the mind that often translate into creative expressions or technical solutions, but also, for instance, into a good name for a product or service.

The umbrella term ‘intellectual property’ includes the following specific rights:

  • copyright
  • databank rights
  • domain name rights
  • trade name rights
  • plant breeders’ rights
  • trademark rights
  • design rights
  • related rights
  • patent rights
  • topography rights

Protection of your intellectual property

Intellectual property is one of the most important assets of your business. Its value and the importance of protecting it well often only becomes clear once someone else wants to profit from it. Whether a brand, a graphic or other design, a technological invention or a trade name is involved, it is always wise to protect your intellectual property well. Thanks to the experience of our specialists, we can ensure in most cases that your position is protected in a timely manner. This may, for instance, include a ban on the use of a certain name or brand name, or the destruction of counterfeit products.

In addition, the protection of your intellectual property plays a role in the granting of licences for certain products or services. After all, the better the protection of your intellectual property, the more valuable the licence becomes. This also applies when your business is sold. Although intellectual property rights are often not included on the balance sheet, they do form an important part of the value of the company. Marxman will gladly advise you on this matter.

Trade secrets

In addition to the above intellectual property rights, trade secrets play an important role in innovation and development within a company, as well as in protection against exchanges of knowledge between companies. ‘Trade secrets’ is a broad term, as it covers both technical and commercial information, and can relate to a wide range of information, from technological know-how, such as production methods and formulas, to trading data, such as information on clients and suppliers, business plans or market research and market strategies. Trade secrets are not intellectual property rights in the same way as patents, models, brands or plant breeders’ rights, which amount to a monopoly, temporary or otherwise, once they are publicly registered. The opposite applies for the protection of trade secrets: they are protected as long as they remain secret and as long as the right-holder makes reasonable efforts to retain that secret character. Trade secrets are therefore one of the most frequently-used ways for companies to protect creations and innovative know-how.

Legal advice in the event of a possible infringement

Of course it is also possible that you yourself are held liable for an alleged infringement of the intellectual property rights of a third party or a breach of trade secrets. In practice, such a hypothesis often goes hand in hand with large claims for damages and cease and desist declarations, under penalty of high fines. In many cases, it is unwise to respond to this without having sought legal advice. Such agreements may unnecessarily restrict your freedom of movement in the future. Marxman will gladly identify your situation and options together with you. In addition to providing practical advice, our lawyers also have extensive litigation experience.

IP Desk: value creation in your business processes

Marxman’s IP Desk can relieve you of worries and assist you with all aspects of doing business with your intellectual property and trade secrets. The support provided by the IP Desk is more than the sum total of knowledge management, advice and ad hoc solutions. The IP Desk also does more than provide legal information, submit or register intellectual property rights and conduct infringement proceedings.

The IP Desk is there for you every day and helps you throughout the service life of your intellectual property and trade secrets, from their creation to their protection and operation. In order to obtain a clear picture of your company, the IP Desk studies your business processes. This means that we can always offer pro-active advice and custom solutions. In this way, the IP Desk helps you to create value in every phase of your business processes.

Would you also like to create more value in your business processes? Then please do not hesitate to contact us.

Whitepapers on intellectual property

Our specialists are more than willing to share their knowledge in this field with you. In the dutch whitepaper ‘Infringement of your intellectual property’, read what you can do in the event of an infringement of your intellectual property.

Full service provision

Issues relating to intellectual property often also involve legal issues that overlap with the fields of Corporate Law and Mergers & Acquisitions. Our lawyers also have extensive experience in these specialist fields. This ensures that you will receive a full range of services, allowing you to focus on what you like doing most, doing business.

Our lawyers in this jurisdiction