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INTELLECTUAL OWNERSHIP

Intellectual property is not only a fine achievement of the human mind, but also part of your wealth. Every invention, brand name, logo or trade name has great economic potential: it can earn your company more later (or even now) than originally expected. Mr Franklin will be happy to explain to you what intellectual rights mean and why you want to obtain intellectual property rights.

 

Intellectuele Eigendom

What is Intellectual Property?

Intellectual property is actually a collective term for all human intellectual creations. Think, for example, of a trademark, an invention, a work of art or a video game. These achievements of the human mind (both their creative and technical parts) enjoy special legal protection.

What are Intellectual Property Rights?

Intellectual property rights (intellectual rights) are rights attached to industrial, literary or artistic creations. These exclusive rights offer protection to intangible creations of the human mind. Protection can only be offered to creations that meet the specified conditions of protection.

Need legal advice on intellectual property?

 

Mr Franklin guides his partners to best protect and defend their intellectual property in case of infringement. Our experts have particular experience in all aspects of intellectual property law. Discover the benefits of enforcing your intellectual property rights.

It is imperative for a company looking to grow strongly economically to hedge against potential legal problems. Therefore, contact our experts: Mr Franklin will be happy to take care of your company's legal worries.

There is copyright in software, music, photographs, texts and graphic designs. Mr Franklin can assist you with the protection, transfer and tax optimisation of your copyrights.

Through trademark registration, you can legally protect a logo, a commercial name of your product, a trade name, and so on, from commercial use by others. 

Protect your drawing, prototype model or 3D design. Mr Franklin can assist you in the registration and defence of your design and drawing portfolio.

Patented inventions are often a company's most valuable asset, so strong legal support when contracting around patents and defending your inventions against infringements such as counterfeiting is not a luxury. 

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IP from a tax point of view

 

The right approach to intellectual property rights also allows you to enjoy certain tax benefits. For example, think about tax optimization of copyrights (also read more about the favorable tax rates for copyrights by clicking the link). There are numerous other options for optimizing your intellectual property both fiscally and legally.

What intellectual property rights are there?

 

Today, there are many different rights associated with intellectual property. We briefly explain some of the most well-known intellectual property rights.

Copyright in a broad sense

 

A major difference between copyrights and various other rights, such as trademark law and patent law, is that copyright is obtained without having to complete certain formalities. However, this does not mean that the author has to do nothing at all to proactively assert his copyright.

 

Copyright in the broad sense includes copyright in the strict sense of the word, the right concerning the protection of databases and the right concerning the protection of computer programmes. Also included in copyright are the so-called 'neighboring rights'.

Copyright in the strict sense

 

Copyright is an intellectual property right that protects "works of literature or art". This may be read very broadly: in fact, the author's right protects any work contained in a concrete and original form.

 

Thus, the author's right does not protect mere ideas or principles. A particular idea or method can only be protected by copyright if it has acquired a concrete form (mode of expression). In addition, the work must be original. That is, it must be its own intellectual creation, which must be evidenced by the free and creative choices made by the author in creating his work, which makes the work bear his personal stamp.

 

We will be happy to review with you the various ways to copyright your creative product. 

Neighboring rights

Neighbouring rights protect intellectual performances that cannot be protected by copyright. These rights mainly target 4 major groups: performers, producers of phonograms, producers of first fixations of films and broadcasters.

Law concerning the protection of databases

Law concerning the protection ofdatabasesis also part of copyright in the broad sense of the word. Click the link formore information about the databases and their legal protection in Europe.

Industrial Intellectual Property Rights

 

Industrial property law includes rules of law that protectindustrially useful intellectual creationsguarantees. Usually it concerns certain industrial inventions, but a trade name, for example, is also a form of intellectual property.

Unlike the author's right, industrial property rights only come into effect after the successfulregistrationof it.

Drawings and design law

 

If you want to protect the appearance of a product (for example, the shape of a device or piece of clothing), you can do this by depositing a drawing or model. You only get it after effective registrationexclusive design righton the registered form. 

Registration can take place in the Benelux, in the European Union and beyond. Read more about itdrawing and model law on this page.

Trademark law

 

Ittrademark law is a set of legislation surrounding the creation andprotecting your brand(Think of abrand name, a logo, etc.). At Mr. Franklin, we have built up special expertise inRegister, follow up and defend your brand. 

By theregistration in ittrademark register you get a trademark right that is linked to the registered trademark. Each brand is linked to the specific products or services that the company brings to the market. Iftrademark holderYou can prohibit your competitors from using an identical or similar name or logo for the same or similar products and services.

Your brandRegisteris therefore a necessary step to protect you as a company against possible infringements of your intellectual property. 

patent law

 

Apatent is a temporary exclusive right granted to the holder of an invention. The holder of a patent can prohibit anyone from exploiting his invention. So it is actually oneprohibition law. Anyone who commits an infringement by using your invention without your permission can therefore be held liable. 

If you want to protect your invention, you can choose between applying fora Belgian patent, a European patent or an international PCT application. As the name suggests, a Belgian patent is only protected in Belgium. A European patent is granted by the European Patent Office (EPO) and can, at the choice of the applicant, be validated as a bundle of national patents in the various Member States to the European Patent Convention. Finally, a PCT application also makes it possible to obtain patent protection outside Europe. More information about the patent application procedure can be found on the official website of theEOBand of itWIPO.

Other Intellectual Property Rights

 

There are also other intellectual rights, such as plant breeders' rights or the protection of designations of origin. For questions about these intellectual rights and all otherslegal issues surrounding intellectual propertyyou can always contact us without obligation. We are happy to assist you and your company with advice and action, so that the legal aspect of doing business is and remains in order.

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CONTACT US

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For more information about our services, you can always contact us without obligation.

At Mr. Franklin we use a pragmatic and clear approach, at fixed prices. When dealing with legal aspects, your personal vision as an entrepreneur is always taken into account. Already 250+ companies preceded you:on this page of our websiteread about their experiences with our services. 

Contact us here.

 

Peter Van Aerschot

+32 476 24 03 48

pieter@misterfranklin.be

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