Questions about intellectual property protection
Questions about intellectual property protection
Is my company name automatically protected as a trade mark?
Company name law and trade mark law are different. A trade mark application requires a protectable sign and appropriate goods or services. Earlier rights should be researched; a commercial register entry does not guarantee unrestricted use of a trade mark.
Which intellectual property rights may be available?
Trade marks, patents, designs and copyright protect different subject matter. Registration and terms of protection differ. Copyright arises without registration when the requirements are met; it does not protect a mere idea.
Can I protect a business idea?
An abstract idea does not generally constitute an intellectual property right in itself. Specific technical solutions, signs, designs and works may be protected. Confidentiality and contractual rules help, but do not replace any necessary application for registration.
Can I still apply for a patent after forming the company?
Yes, formation of the company does not itself prevent this. Novelty and a timely application before prejudicial public disclosure are particularly important. Technical information already published may jeopardise patent protection; exceptions require careful examination.
Complex questions from practice
What intellectual property and usage rights exist in inventions and software created by external contractors?
The type of contract and statutory allocation of rights must be examined. Payment alone does not automatically transfer all intellectual property and usage rights. Expressly regulate the chain of rights, modification and third-party material.
A rights register should record authors, contracting parties and third-party components used. Clarify which uses are needed, such as modification, distribution or further development. The chain of rights must also be traceable where subcontractors are involved. Delivery of a file and payment of an invoice do not replace an appropriate rights agreement.
Can disclosing an invention to investors jeopardise its novelty for patent purposes?
Disclosure without effective confidentiality may be relevant. Content, recipients and secrecy are decisive. A patent strategy should be established before detailed public presentations.
Before a presentation, establish which technical information will be disclosed and who will have access. Confidentiality agreements and the actual handling of information must be considered together. A protection strategy should be settled before public disclosure, since a later application cannot remedy every prior publication.
How can a confusingly similar trade mark be challenged while meeting the necessary deadline?
Earlier rights, similarity of signs and the goods or services must be examined. Opposition and court proceedings have different requirements and deadlines. A search or cease-and-desist letter is no substitute for meeting a deadline.
Preserve register information, evidence of use and the disputed sign. The relevant scope of protection can then be compared with the goods or services actually offered. Opposition and court proceedings serve different purposes and have their own deadlines. Negotiations should therefore be coordinated with the steps needed to meet those deadlines.
What licence obligations and contractual risks arise from using open-source components?
Licence terms may require notices, provision of source code or other obligations. The specific licence and use are decisive. A component inventory and clear approvals help ensure compliance with contractual commitments.
Maintain an up-to-date inventory of components used and their licence versions. Obligations may differ depending on how software is modified, distributed or operated. Approval should be aligned with commitments made to customers. A general description as open source does not establish which uses are possible without further steps.