What is Intellectual Property?
Types Intellectual Property
There are different types of intellectual property rights, and rights very similar to them, to protect your developed idea. Some rights arise automatically, others you have to register first. For all rights, you must meet conditions to qualify for them.
A number of rights are further explained in this Library Guide under the IP-rights tab.
| Types of Intellectual Property Rights | What is protected? | What does it mean? | Example |
|---|---|---|---|
|
(arises automatically with creation) |
Original works | Right to disclose. Right to reproduce. Personal rights. |
Book, software, painting, web content (text, video, animation, image) |
|
(arises automatically) |
Topographies of semi-conductor products | Right to reproduce. Right to exploit. |
Computer chip |
|
(arises automatically) |
A ordered collection of works or data | Right to act against retrieval and reuse of elements without producer's consent. | Jobboard on a website |
|
(established by being first to use) |
Name under which a company trades | Right of use in a specific area. | Company name |
|
(established by registration) |
Plant variety | Right to cultivate and trade cultivated materials. | Jonagold |
|
(established by registration) |
Distinctive name or sign | Monopoly on use. Right to prohibit use by others. |
 |
|
(established by registration) |
Design of a product | Monopoly on use Right to prohibit use by others |
Furniture |
|
(established by registration) |
A technical product of process | Right to exploit | Paint brush clip, medicines |
|
(established by registration) |
The unique address of a webpage | Right of use of the domain name | https://www.hanze.nl |
|
traditional specialties (established by registration) |
Regional products | Protection against unauthorised use and practices that may mislead consumers. |
Gorgonzola, Chickory heads, Mozzarella |
| Not an Intellectual Property right, but still a form to protect certain developments: | |||
|
(arises automatically) |
Business secrets | Protection against third parties who misappropriate your trade secrets | Coca-Cola recipe |
Where is Intellectual Property regulated?
The European Union Intellectual Property Office (EUIPO) is the European Union (EU) agency responsible for managing EU trademarks (EUTMs), registered Community designs (RCDs), geographical indications (GIs) for craft and industrial products and European and international intellectual property (IP) cooperation, as well as the European Observatory on Infringements of Intellectual Property Rights.
World Intellectual Property Organisation (WIPO) is a United Nations organisation based in Geneva, which currently has more than 180 member countries. WIPO administers more than 20 international intellectual property rights treaties, including the two oldest: the Paris Union Treaty and the Berne Convention.
EUIPO and WIPO have been working together since 2015. In December 2023, an agreement was signed for increased cooperation in 18 areas of cooperation and on IP valuation and IP financing, developing best practices in these areas and facilitating access to financing, especially for small and medium-sized enterprises (SMEs).
The Benelux Office for Intellectual Property (BOIP) is part of the Benelux Organisation for Intellectual Property (BOIE). BOIP's task is:
- the implementation of the Benelux Convention on Intellectual Property (BCIP) and its Implementing Regulations;
- the promotion of the protection of trademarks and designs in the Benelux countries;
- the performance of additional tasks in other areas of intellectual property law, designated by the Board of Directors;
- continuous evaluation and, if necessary, adaptation of Benelux law on trademarks and designs, in the light of, among other things, international and Community developments.
Intellectueel Property in research
Hanze does much of its research in collaboration. It is therefore important to look at Intellectual Property policies from that perspective. The basis of collaboration is a collaboration agreement.
By drawing up a collaboration agreement, you can secure Intellectual Property on the results of your research.
Furthermore, drafting a collaboration agreement ensures that Hanze can secure the following goals:
- The open dissemination of publicly funded research results.
- Achieving the broadest possible impact in education, research domains and professional practice.
- Profiling as an expert knowledge institution.
- Be an attractive research partner.
- Stimulating entrepreneurship and valorization.
- Generating recources to fund research.
These interests are sometimes mutually contradictory. In addition, the parties we collaborate with also have interests of their own. In short, the details agreed upon in the collaboration agreements will be tailor-made. The aim is to build a good collaborative relationship and at the same time establish a number of clear agreements. The legal advisor of the Executive board office can advise on this.
More information can be found in the Open Science Framework from Hanze and in the Library Guide on Knowledge Security (Under construction).
- Cooperation agreements that the Hanze concludes with external parties are based on the following principles:
- Freedom to publish own results, possibly after a maximum 6-month embargo.
- Freedom to conduct follow-up research, also with other parties.
- Freedom to use new knowledge (foreground IP) in education.
- Ownership of new knowledge goes to the inventor or creator.
- No compulsory transfer or licensing of new knowledge.
- The Hanze receives fair compensation for commercial use of new knowledge.
- Permission for commercial use of new knowledge is subject to conditions, such as an anti-shelving clause (against non-use of knowledge).
- The Hanze need not give access to old knowledge outside the project.
- The partner does not get an automatic right to future results or intellectual property rights.
Clarification: These rules are based on the VSNU/NFU guidelines for public-private partnerships and protect the rights of the Hanze. In some collaborations, the company may be given an option to acquire exclusive rights, with the transfer of intellectual property taking place at least 18 months after filing a patent.
- In principle, Hanze does not apply for patents, except in special cases as described under Patent application in exception to Open. This applies both to inventions of which the Hanze is full owner and to shared properties in collaborations.
Clarification: Applying for patents requires specific expertise, and managing and defending them is expensive. Although this can be outsourced, it remains a large investment in money and knowledge, which does not seem profitable for Hanze at present. Selling patent rights for a fee suits our approach better. Also, profiling is not a good reason for a patent application; it is better achieved by being the first to publish.
- If collabporative partners wish to take over the intellectual property (IP) rights of the Hanze, for example for a patent on an invention in which the Hanze is a co-inventor, a reasonable fee is agreed.
Clarification: Hanze weighs up the interests before deciding to transfer IP rights. Sometimes a partner can only further develop the product or attract investors if the IP is well protected. What constitutes reasonable compensation depends on the situation and may include, for example, research equipment, man-hours or internships. Such an agreement can also be made later when there is more clarity about the outcomes.
- If a patent right is transferred, Hanze requires the inventors to be named in the patent application.
Clarification: The right to be named as an inventor is a personal right of the Hanze employee(s) or student and helps with their profiling. It does not affect the patent itself.
- Hanze does not currently offer specific patent application support. If needed, external expertise is called in.
Clarification: Bringing in external experts is usually more cost-effective than building up knowledge yourself. One option is to hire the expertise of the University of Groningen through the partnership Northern Knowledge.
More information can be found in the Open Science Framework from Hanze.
At Hanze, it is standard practice to make research public through Open Science and Open Access publishing. Sharing knowledge is paramount. In exceptional cases, Hanze may deviate from this.
When do we deviate and apply for a patent? This is only done if the discovery or new knowledge:
- Is expected to generate at least €100,000 extra income in the first 5 years, and
- Fits within the goals of the Hanze and the relevant section.
If you think a find meets these requirements, contact the legal advisor. He is an expert on intellectual property and patents and can help further, including with external contacts. An external preliminary investigation can then be started. The costs for this will be borne by the knowledge centre or school, so the budget holder should be involved.
The next step is to draw up a business case, which includes the costs of the patent application and possible legal defence costs. The budget holder must agree to the investments, and the proposal must be approved by the Executive Board.
More information can be found in the Open Science Framework from Hanze.
Related information
- European Union Intellectual Property Office (EUIPO)
The European Union Intellectual Property Office (EUIPO) is responsible for managing EU trademarks, registered designs, geographical indications for craft and industrial products, and intellectual property cooperation in Europe and internationally. It also manages the European Observatory on Infringements of Intellectual Property Rights. - Open Science Framework
Principles and guidelines for Open Science practices at Hanze - World Intellectual Property Organization
The World Intellectual Property Organisation (WIPO) is a United Nations agency that supports innovators and creators worldwide, ensuring that their ideas reach the market safely and contribute to a better life everywhere.