Copyright is the exclusive right of the creator of a work of literature, science or art, or his/ her legal successors, to publish and reproduce this work. In the Netherlands, there are no formalities involved in acquiring copyright. The right arises automatically when creating a work. There is a condition however that the work needs to be "adequately original". This means that there is certain creativity involved in the work.
In principle, the copyright always accrues to the creator of the work although it is possible for the creator to transfer the copyright. If an employee creates a work, the Copyright Act determines that the rights to this work accrue to the employer if this work was part of the employee's tasks. Copyright ends 70 years after the death of the creator. Even though not obligatory you can indicate that the work is protected by copyright by using the © symbol.
If you are of the opinion that someone is infringing your copyright, our lawyers can take action for you by for example sending a demand letter to the infringing party . If you would like more information about copyright, please contact us.
A good idea can be worth gold. In principle, it is not possible to protect ideas. Suppose you have a certain recipe, technique, or formula then design law, trademark law, and patent law do not protect it. The elaboration of an idea however may be considered for copyright protection. If you have a conflict with a third party, you will have to demonstrate that you thought of the protected copyrighted work first.
In that case, the I-DEPOT offers you the opportunity to record the creation date of your idea and the identity of the designer. You can record your registration for five years or immediately for ten years. The period can be extended for an unlimited number of subsequent terms of five years.
By filing an i-DEPOT, in the event of a conflict you have a reliable aid with which you can prove that a certain idea, concept, or procedure already existed on a certain date. This evidence is very valuable and particularly useful in countless situations, in particular where intellectual property rights are concerned, such as copyright, design and model rights or patent rights, but even if there is a case of unfair competition.
N.B.! The i-DEPOT serves as evidence when someone else starts to use your idea and gives you the time to work out the idea when you choose. The i-DEPOT however explicitly does not create an intellectual property right. It is still necessary to seek legal protection after the design stage.
If you would like to know more about the i-DEPOT and its significance then please contact us