What are intellectual property rights?
Intellectual property rights are intellectual property rights and include patent rights, utility models, copyrights, trademark rights and design rights, among others.
By obtaining protection of one's intellectual property rights, the owner obtains an exclusive right and can prevent others from using these rights, as well as claim compensation for infringement resulting from unauthorized use.
- Patent rights provide protection for inventions that contain new functional or technical aspects.
- Utility models are often referred to as the "small patent". The protection is narrower and aimed at more humble inventions. Both patent rights and utility models give the owner an exclusive right to exploit the rights to the invention.
- Copyright protects artistic works, literary works and software. The author has the exclusive right to make copies of the work and make it available to the public.
- Trademark rights include rights over a logo, a name, colors or a slogan. By protecting a trademark, the owner obtains an exclusive right to use the trademark.
- Design rights provide protection for the design and appearance of a product. Design protection can include clothing, jewelry, handicrafts, packaging, apps, etc. Registering a design prevents competitors from imitating, copying or misusing the design.
Why you need to keep track of your intellectual property rights
Intellectual property rights are assets that can have a significant financial impact on a business.
That's why you should always protect your intellectual property rights and ensure you get the full benefit of them. Intellectual property rights include trademark rights, patent and utility model rights, design rights and copyrights.
Protecting your intellectual property ensures that you have control over how your products or services are used and that you receive financial compensation for unauthorized use by others. Protection can also help prevent others from misusing or infringing your intellectual property rights.
You should therefore investigate what intellectual property rights you have and how best to protect them. This can be done, for example, by applying for a patent or registering your trademarks or designs. In this regard, it is recommended to get advice from Attorney or another expert who can help you protect your intellectual property rights in the most optimal way.
What are intangible assets?
Intangible assets are assets without a physical appearance. Classic intangible assets include copyrights, trademark rights, design rights, patents and utility models. Intangible assets also include goodwill, know-how and trade secrets.
Goodwill covers the company's economic value in the form of its image, customer base, network, etc. Knowhow and trade secrets, on the other hand, cover knowledge that is not publicly available and are a form of intellectual property that has economic value.
What is IPR?
IPR or IP stands for Intellectual Property Rights, which translates to intellectual property rights or intangible rights. For a property right to be intellectual or intangible means that the asset does not have a physical appearance. For example, you can obtain intellectual property rights over a new invention, a design, a name or a slogan, which gives the owner the right to decide who can use the rights and how the rights are used.
Is protecting a product, logo or name relevant to you?
Whether you should protect your product, logo or name is a case-by-case assessment. You should consider how important your intellectual property right is to your company or product. If you believe that your intellectual property strengthens your competitiveness and is important for your market position, it is recommended that you protect it through registration. You should also consider whether the company has plans to expand into other geographical areas or is already active in areas other than Denmark.
What does intellectual property law cover?
Intellectual property law is a collective term for exclusive rights to intellectual creations. With an intellectual property right, the owner obtains an exclusive right to exploit these intellectual creations. In English, intellectual property is referred to as "intellectual property" (abbreviated "IP" or "IPR"), which is also a term often used in Denmark.
Intellectual property law covers copyright, patent law, utility model law, design law, semiconductor law and trademark law.
Copyright gives the owner an exclusive right to economically exploit literary and artistic works and software, among other things. Patent and utility model rights provide an exclusive right to the economic exploitation of inventions and technical creations. Design law provides an exclusive right to the economic exploitation of designs, and trademark law provides an exclusive right to the economic exploitation of trademarks.
How can an intellectual property right be protected?
It is possible to protect your intellectual property rights both nationally and internationally. The procedure depends on the type of right you are trying to protect.
Below you can read more about the procedure for the different types of rights.
Trademark law
If you want national protection of a trademark in Denmark, you can submit an application for registration to the Danish Patent and Trademark Office. Registration is not a requirement for a trademark to obtain protection in Denmark - but it is often an advantage to have a registration.
Protection may also arise from use of the trademark. Protection by putting into use basically requires that the trademark has been put into use at the time protection is claimed and that the use is of more than a localized nature. This means that the use must have a certain scope so that the trademark can be considered to have been put into use in relation to the relevant group of consumers. The mere presence on the internet cannot in itself fulfill the requirement.
An alternative to the national trademark is an EU trademark. An EU trademark has unitary character, which means that it has effect throughout the EEA, including Denmark. The registration of an EU trademark is done through a single application to the European Union Intellectual Property Office (EUIPO). Protection cannot be obtained by putting an EU trademark into use. This must be done by application and registration.
If you want protection in a few specific countries within or outside the EEA, this can be done through an international registration. In the application, you must check the countries in which you want protection. The application must be submitted to the World Intellectual Property Organization (WIPO), which is an organization under the UN or alternatively to the Danish Patent and Trademark Office. An international registration does not have a unitary character, but provides protection in the individual country. Upon receipt of the application, the individual country will decide whether the application meets the requirements for registration of the trademark in that country.
Design right
Just like trademarks, design rights can be protected nationally in Denmark and internationally both within and outside the EU.
If you only want national protection in Denmark, you must apply for registration with the Danish Patent and Trademark Office.
If the design is to be protected in the EU, you have two options. This is either to register the design as a registered Community design or to obtain protection as an unregistered Community design through publication of the design.
For registration, an application must be submitted to the European Union Intellectual Property Office (EUIPO).
In the case of an unregistered Community design, protection will begin from the time when the design was first made available to the public in the EU. Publication means that the design has been made available in such a way that it may reasonably be expected that interested circles in the EU have become aware of the design in question.
International protection of a design in individual countries within or outside the EU can be submitted directly to WIPO or to the Danish Patent and Trademark Office in the same way as for trademarks. In the application, you must check the countries in which you want protection, or alternatively you can apply in each individual country. It is not possible to obtain international protection by publication.
Patents and utility models
The application process for patent or utility model protection is generally similar, which is why they are treated together.
For national protection in Denmark, an application must be filed with the Danish Patent and Trademark Office.
If international protection is desired, an application can be filed under the Patent Cooperation Treaty (PCT). Through this system, an international patent application is filed either with the Danish Patent and Trademark Office or with an international organization entitled to receive such applications.
For patents, protection can also be obtained in the EU. The application must be submitted to the European Patent Organization (EPO) using an application form available on the EPO website. The application can be filed either with the EPO or the Danish Patent and Trademark Office.
Copyrights
A copyright does not need to be registered and the right is created by the creation of the work without any formal requirements. This means that you are automatically protected from the moment the work is created.
Why is intellectual property important?
Intellectual property rights can be very valuable assets for businesses and entrepreneurs. By securing your intellectual property rights, you gain an exclusive right of use and protection against competitors' copying and unauthorized use. In particular, the ever-increasing use of the internet and digital media has created a greater incentive to focus on protecting your intellectual property rights.
Intellectual property law grants an exclusive right for the owner to use the right (e.g. an invention). The owner thus determines how a right is used and can earn money by, for example, licensing the right.
What laws protect intellectual property?
Intellectual property is protected by the following laws:
- Copyright law (protects artistic and literary works and software)
- Patent law (protects inventions)
- Utility model law (protects technical creations)
- Trademark law (protects business trademarks)
- Design law (protects the appearance of industrial products)
- Semiconductor law (protects semiconductor products)
Originally published January 26, 2024
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.