Other IP rights
Apart from the protection rights regarding inventions, trademarks and design patents, the following property rights also still exist:
- Trade names
- Company names
- Domain names
- The protection of microprocessors
- Breeders' rights
- Commercial practices
We will gladly provide you with all required information regarding the latter property rights, without any engagement on your part.
What is a patent?
A patent guarantees the protection of a new invention, product or method.
Consequently, by obtaining a patent you have the possibility of prohibiting others from counterfeiting your patent's object.
An invention can be protected by patent on the following conditions:
- the invention has to be new ;
- it has to show an inventive step, i.e. it must have a new effect ;
- it has to be susceptible to industrial exploitation.
Aplication of patents
Patents can be applied for in three ways, namely :
- By filing a national patent application, for example a Belgian patent application
- by filing a regional patent application, for example a European patent application;
- by filing an international patent application.
The job of a patent attorney
In order to draw up such a patent application, with full knowledge of facts, to ensure the necessary administrative formalities on the right moment, so as to obtain a full protection, preferably, we advise you to contact a patent attorney.
The patent attorney has had the advantage of a technical university education and is the official link between the inventor and the official patent administrations, either national, regional (e.g. European) or international.
Furthermore, deadlines will be monitored in order not to endanger lapse of your patent application.
Apart from drawing up and filing patent applications, the patent attorney will be able to conduct searches among the patent literature and to give advice during the granting procedure, in case of counterfeiting and court actions, when drawing up licences, and the like.
Contact us for more information or dial 03/225.00.60.
The holder of a valid patent is entitled to act whenever the patented object falls prone to infringement.
A case of infringement shall be examined on the basis of the material disclosed in the patent claims, whereby similarities are of major importance.
It is considered most useful to have a study carried out by a patent engineer in order to verify a case of possible infringement.
Afterwards, one can decide on the different possibilities on how to proceed, such as issuing a communication by registered mail, initiating a descriptive seizure or by a summoning to court.
The holder of a valid trademark is entitled to act whenever an identical or similar trade mark is used for the same or related products or services.
The legislator determines that in the following cases the use of a sign (a word, a logo, a means of identification) under economical circumstances is deemed as an infringement to a registered trade mark:
- the use of a sign identical to a registered trade mark (in the same domain of activities);
- the use of a similar sign, in case this use should create confusion with a registered trade mark (e.g. the danger of association);
- the use of a sign, similar to a known trade mark, for non-similar services, insofar as its use is detrimental to the differentiating ability or the reputation of a registered trade mark;
- the use of a sign that hooks on to a registered trade mark.
- an identical trade mark on a counterfeit product;
- the use as a keyword or adword on the internet;
- using the trade mark of a third party in publicity material.
Contact us for more information.