IP, IT and Privacy
Your intangible assets often determine to a great extent the value of your business. As a creative and innovative business or entrepreneur it is a given that you want to protect these assets in the best possible way. Intellectual property rights give you the right to take action against competitors in case of infringement.
That is why we advise and litigate to protect your marketing investments, such as brands, trade names and domain names, geographic specifications, advertising, and your unique creations that are subject to copyright or design rights.
An infringement often is an expression of ‘unfair competition’. We give pre-emptive advice on how to control the ‘freedom to operate’. What is allowed and what is not.
A good contract often prevents disputes. The importance of a well-drafted contract cannot be stressed enough. We are happy to assist you in drawing up contracts with an IP component. This goes beyond the typical agreements, such as a licensing agreement, (book or music) publishing agreements, agreements on the transfer of technology, but also distribution and agency agreements, franchising, …
Basically every business, no matter how small, has to deal with this area of law. However, there are sectors where IP-rights weigh in more such as fashion and design, entertainment, media, ICT, food and beverage, internet companies, …
Because this area of law is almost by definition international, we have an extensive and reliable worldwide network of correspondents. We are happy to assist you in case of an infringement, in our jurisdiction or abroad.
One of our attorney’s is a skilled and certified Data protection Officer and can assist you in all matters related to Data and GDPR.
Some real life examples:
- How can I gather evidence when I suspect an infringement of intellectual property right?
- I have been confronted with a ‘seizure of knockoffs’;
- Litigation on the copying of a product design, e.g. a TripTrap children’s chair;
- As a website may I link to news items on another website?
- Is my company or my website GDPR compliant?
- Who is liable in the event of a failed IT implementation?
- What can I do against theft of my company secrets?
- To what extent is the format of a television programme protected?
- I want an IP audit of the company I intend to acquire;
- As a trader, can I import certain branded goods from a supplier in another country that is cheaper (parallel import)?
- Does the label of one beer brand looks too much alike that of another brand?
- How are damages calculated in the case of infringement?
- Assistance to a farmer accused of infringement of the breeders’ rights for a potato variety;
- Am I infringing the rights of Adidas if I put more or fewer than three stripes on clothing or shoes?
- Can a third party refer to a well-known brand in a work of art ?
- What is the most optimal way to exploit the portrait rights of a famous football player?