Intellectual property law

Your name, logo, or brand can be protected through trademark law, marketing law, and, in certain circumstances, copyright law. The strongest form of protection is typically obtained through trademark registration, as it provides a documented exclusive right to use the trademark in connection with specific goods or services. Protection may also arise through use of the name or trademark in the marketplace.

Before investing in marketing and branding efforts, you should investigate whether the name or logo has already been registered or is being used by another party. A well-considered intellectual property protection strategy can help reduce the risk of disputes and strengthen the overall value of your business.

Copyright protects original works such as texts, images, music, films, software, and other creative content. Copyright protection arises automatically when the work is created and generally does not require registration.

Trademark rights protect distinctive signs such as names, logos, slogans, and other elements that identify a company’s goods or services. Design rights, by contrast, protect the appearance of a product, including its shape, pattern, configuration, or other visual characteristics.

These different forms of intellectual property protection can often exist alongside one another and protect different aspects of the same product, brand, or creative work.

A trademark can be registered in Denmark through the Danish Patent and Trademark Office (DKPTO) or throughout the European Union through the European Union Intellectual Property Office (EUIPO). Similarly, design rights can be registered either nationally or as an EU design registration, providing protection across all EU Member States.

Before applying for registration, it is advisable to investigate whether identical or similar rights already exist. The application must clearly specify the goods, services, or designs for which protection is sought, and the scope of protection will depend on the content of the registration. A properly prepared application can be crucial for ensuring the value of the right and the ability to enforce it effectively.

If you believe that someone is infringing your intellectual property rights, the first step is to determine whether you hold a valid and protected right and whether the other party’s actions constitute an infringement. This may involve the unauthorised use of a trademark, the copying of a design, or the use of copyright-protected material without permission.

In many cases, the appropriate first step is to send a cease-and-desist letter or formal demand requiring the infringing party to stop the unlawful use. If the matter cannot be resolved amicably, it may be necessary to pursue claims for damages, financial compensation, or injunctive relief to prevent the infringement from continuing.

If you receive a cease-and-desist letter alleging infringement of intellectual property rights, you should avoid either ignoring the letter or immediately admitting liability. The first step is to assess whether the other party actually holds a valid intellectual property right and whether there is a legal basis for the alleged infringement.

Many cease-and-desist letters include demands for damages, financial compensation, or the immediate cessation of the use of a product, design, trademark, or other material. As the potential consequences can be significant, it is often advisable to obtain a legal assessment of the claim, the supporting evidence, and the available response options before replying to the letter.

Intellectual property rights may be assigned in whole or in part through a written agreement. This includes, among other things, copyrights, trademarks, design rights, and other intellectual property assets. The agreement should clearly specify which rights are being transferred, to whom, the scope of the transfer, and the terms and conditions governing the assignment.

A carefully drafted agreement is essential to avoid future disputes regarding ownership, usage rights, payment terms, and the ability to further assign the rights. Unclear or ambiguous provisions can create uncertainty as to who is entitled to exploit, license, or enforce the intellectual property rights.

It is a common misconception that a business automatically owns the intellectual property rights to materials or products developed by employees, freelancers, or external suppliers. In many cases, an explicit agreement is required to ensure that the intellectual property rights are transferred to the business.

For this reason, contracts with employees, consultants, developers, designers, and other collaborators should include clear provisions regarding ownership of intellectual property rights. This is particularly important in connection with the development of software, marketing materials, product designs, photographs, videos, and other creative or technical content.

Contracts should contain clear provisions regarding ownership, usage rights, confidentiality, assignment of rights, and the handling of potential infringements. The purpose is to ensure that the business retains control over its intellectual property assets and to avoid uncertainty regarding who owns or is entitled to use the relevant materials.

Depending on the nature of the collaboration, it may also be appropriate to regulate matters such as licensing arrangements, non-compete obligations, marketing rights, further development of products, and the enforcement of intellectual property rights. A well-drafted contract can be crucial in protecting the value of the business and minimising legal risks.