Intellectual property (IP)
Copyright
The object of copyright protection is a work of literature or art. However, copyright does not protect ideas, thoughts, principles, methods or concepts. Only when your work has received a concrete and original form, it will qualify for protection. Frequently asked questions are: who precisely can claim the copyright, which are the prerogatives of an author (property rights [reproduction right, distribution right, right adaptation, translation rights, landing rights, etc.], and moral rights: [right to publish, right to paternity (of the work) and the right to integrity]) and the now existing statutory and regulatory exceptions Read more.
Trademarks
A trademark has several functions such as an a distinguishing, a quality, an origin, a warranty and a trust function, an advertising function and a goodwill function. Trademarks are of particular importance, both to individual trademarks, and service marks and collective marks. In order to get protection, you must have a sign (visual character) and it must have distinctive character. MyLex will guide you in registering a Benelux or international trademark (trademark depot). We also work with an established graphic design agency, who can develop your visual character .Read more.
Designs
The protection of designs and models is part of the industrial intellectual property domain and registering provides an opportunity to protect your drawings, models and designs. Design is a wide concept: you can register a coffee mug design, but also the interior of your restaurant or hotel room qualifies for registering. The protection requirements are obvious: novelty and individual character. Read more.
Trade name protection
A trade name is a name under which a (commercial) company does business and by which it is known. In Belgium, a trade name has a basis protection. However, there is no specific protection right in Belgium, despite Art. 8 of the Paris Convention which imposes the States of the Union Treaty to provide a national protection regime. The protection is based on common law. We can help you with registering your trade name as a trademark, with trade name disputes, or by defining the protection requirements for your specific business (public, visible and permanent).Read more.
Computer programs and databases
Under the software act a computer program is protected by copyright law (this is both the operating system software and application software and games). MyLex advises how to meet the requirements for protection as stated in Art. 2, paragraph 1 of the software act. We also deal with questions about the exclusive rights (integrity rights, reproductive rights, translation and editing rights and distribution rights).
A database is a independent collection of data, organized in a systematic or methodical way and electronically or otherwise accessible. A database is protected in two ways, namely through a ‘sui generis’ right and through copyright. The creation of a database often involves a significant investment. If you have questions about the scope of the protection, please contact us for legal advice. Read more.
Know-how
Know-how is the knowledge that has been gained on the basis of experience and operational basis of a company. The know-how is confidential, substantial and identifiable. This knowledge may consist formulas, designs, drawings, procedures and methods. Know-how is often obtained by severe financial and intellectual investment. Protect your investment and ensure the legal protection of your know-how.Read more
How can I protect my idea?
An idea by itself is not protected by intellectual property rights. Copyright requires an original and practical form, it does not protects ideas, thoughts, principles, methods or concepts. However, the idea is the mere basis of everything. That’s why The Benelux Office for Intellectual Property (BOIP) provided an i-DEPOT. With an i-DEPOT you have a record (with time stamp) of your idea, concept or prototype creation. You will receive a certificate of an official, reliable authority that guarantees the authenticity of your i-DEPOT. Read more.
Other question regarding intellectual property?
You have a specific question relating to intellectual property that is not covered by the above categories? Don’t worry, these categories are only a non-exhaustive list of the most common problems. Please contact us for an individual advice.
IP summary
We offer advice on copyright, trademarks, designs, protection of trade names and ideas, computer programs, databases,
know-how and other intellectual property rights.