FAQs

You are an expert in your field and possess knowledge and knowhow that is unique to you. Intellectual property (IP) can be an important asset for a business and should be considered as part of the overall business planning process. 

Some ways to incorporate IP into business planning include: 

• Identify and protect your IP: It is important to identify what IP your business owns or has the potential to own, and to take steps to protect it. This may involve obtaining patents, trademarks, or copyrights, or entering into non-disclosure or licensing agreements.
• Develop an IP strategy: An IP strategy can help a business to identify how it can best use its IP to achieve its business objectives. This may involve leveraging IP to enter new markets, to differentiate the business from competitors, or to generate revenue through licensing or other means. 
• Consider IP in business decisions: When making business decisions, it is important to consider the potential impact on the business’s IP. This may include considering the IP implications of entering into partnerships or collaborations, or of launching new products or services. 
• Manage IP risks: It is important to manage the risks associated with IP, including the risk of infringement of third-party IP and the risk of losing control of IP. This may involve obtaining insurance or using other risk management strategies. 
• Monitor and enforce IP rights: It is important to monitor the marketplace for any unauthorised use of the business’s IP and to take appropriate action to enforce the business’s IP rights if necessary. This may involve taking legal action or entering into negotiations with the infringing party.

Developing an IP strategy involves identifying how a business can best use its intellectual property (IP) to achieve its business objectives. Following are some steps that can be taken to develop an IP strategy. Our specialists can assist you with each of these steps. 

• Identify the business’s IP assets: The first step in developing an IP strategy is to identify what IP the business owns or has the potential to own. This may include patents, trademarks, copyrights, trade secrets, and other forms of IP. 
• Determine the value of the business’s IP assets: It is important to understand the value of the business’s IP assets and how they can be used to achieve the business’s objectives. This may involve analysing the potential revenue that can be generated from the IP, the cost of obtaining and maintaining the IP, and the potential risks associated with the IP. 
• Develop an IP plan: Based on the value of the business’s IP assets and the business’s objectives, it is important to develop a plan for how the IP will be used. This may involve identifying specific IP assets that can be leveraged to enter new markets, differentiate the business from competitors, or generate revenue. 
• Implement the IP plan: Once the IP plan has been developed, it is important to implement it by taking the necessary steps to protect the business’s IP, such as obtaining patents, trademarks, or designs, or entering into licensing or other agreements. 
• Monitor and review the IP plan: It is important to regularly review and update the IP plan to ensure that it is still aligned with the business’s objectives and that the business’s IP assets are being used effectively. This may involve monitoring the marketplace for any changes that could impact the value of the business’s IP assets and taking appropriate action to adapt to these changes.

If someone infringes on your patent, you can take a number of steps depending on the severity of the infringement and impact on your circumstances and future goals. As a first step, a cease and desist letter may be all that's needed. Should this action fail to have the desired effect, stronger legal action may be required to enforce your rights. This may involve filing a lawsuit and seeking damages, an injunction, or both. BOVARD can assist you with enforcing your patent rights.

There is no such thing as a “worldwide patent,” but you can apply for patent protection in multiple countries through the Patent Cooperation Treaty (PCT) or the European Patent Convention (EPC). These treaties provide a streamlined process for filing and examining patent applications in multiple countries.

In addition, it is also possible to secure grants of patents in individual countries all over the world. 

The time it takes to obtain a patent varies depending on the country and the complexity of the invention. In general, it can take several years for a patent application to be examined and granted.

In general, inventions that are new, useful, and non-obvious can be patented. This includes machines, processes, compositions of matter, and improvements thereof.

There are several factors that are taken into account when valuing a patent registration. There are several methods that can be used to value a patent, including the cost approach, the market approach, and the income approach. Each of these approaches takes into account different factors and may be more or less appropriate depending on the specific circumstances.

• The strength of the patent: A strong patent is one that is likely to be upheld in court if it is challenged, and it is generally more valuable than a weak patent. Factors that may affect the strength of a patent include the novelty and non-obviousness of the invention, the clarity and scope of the claims, and the level of prior art that exists in the field. 
• The market demand for the invention: The value of a patent may be higher if there is strong demand for the invention that is protected by the patent. This may be the case if the invention is useful, innovative, and has the potential to generate significant revenue. 
• The stage of the product development: 
• The value of a patent may be higher if the product or process that is protected by the patent is already being commercialised or is close to being commercialised. This is because a patent that is already being used to generate revenue is more likely to have value than a patent for a product or process that is still in the early stages of development. 
• The potential for licensing: The value of a patent may be higher if there is potential for the patent to be licensed to other companies. This may be the case if the patent covers a technology or process that is widely used in the industry or if the patent owner has a strong reputation in the field. 

A design is solely about the visual aspect of a product or its packaging whereas a trade mark is used to indicate the origin of a product or service. To be able to be registrable, a trademark may not be descriptive of a the goods or services; in other words, is not registrable if it is a commonly used shape for that type of product or has a functional purpose. For this reason, it is not easy to secure registration of a shape trademark. If granted, a shape trade mark can be renewed indefinitely. 

A Swiss design on the other hand, must be novel to be able to be registered and can be renewed to a maximum of 25 years. 

A trademark is used to identify and distinguish the goods of one company from those of another, while a service mark is used to identify and distinguish the services of one company from those of another. In other words, a trademark is associated with a product, while a service mark is associated with a service. The legal protection for trademarks and service marks is generally the same. It is also possible and common that a trademark registration covers both goods and related services and vice versa. 

Yes, you can obtain international trademark protection through the Madrid System for the International Registration of Marks. This system provides a streamlined process for filing and examining trademark applications in multiple countries.

Depending on the severity of the infringement and its impact on your circumstances and future goals there are a number of options available to you. As a first step, a cease and desist letter may be all that's needed. Should this action fail to have the desired effect, stronger legal action may be required to enforce your rights. This may involve filing a lawsuit and seeking damages, an injunction, or both. BOVARD can assist you with enforcing your trademark rights.

The duration of a trademark registration varies depending on the country in which it is granted. In most countries, trademark registrations last for 10 years, and can be renewed indefinitely as long as the trademark is still in use.

An international trademark,  is a trademark registration that provides protection in multiple countries through a single application. It is governed by the Madrid System, which is a treaty administered by the World Intellectual Property Organization (WIPO).

Under the Madrid System, a trademark owner can file a single application, called an international application, with their home trademark office to seek protection in multiple countries that are members of the Madrid System. The home trademark office will then forward the application to the WIPO, which will examine it and register the trademark if it meets the legal requirements. Once the trademark is registered, it is then examined in each designated country of jurisdiction in accordance with their specific trademark law and requirements.  

• Protection can subsequently be expanded provided the examination process in the newly designated country is successfully concluded. The advantages of an international trademark include:
• Filing an international application is often more cost-effective than filing separate applications in multiple countries.
• The Madrid System provides a streamlined process for registering and managing international trademarks.
• The owner of an international trademark can renew and maintain the trademark in all designated countries through a single renewal process

A brand and a trademark are related concepts but are not the same thing.

A brand is the overall image, reputation, and identity of a company, product, or service in the marketplace. It encompasses a wide range of elements, such as the company’s values, mission, messaging, design, and customer experience. A brand is a perception held by the public about a particular company, product, or service, and it can influence consumer behaviour, loyalty, and trust.

On the other hand, a trademark is a specific symbol, word, phrase, or design that identifies and distinguishes the goods or services of one company from those of another. It's purpose is to provide the owner with exclusive rights to use the mark in connection with their products or services. 

In summary, a brand is a broader concept that includes many different elements, while a trademark identifies and distinguishes a company’s products or services. 

Yes, you can obtain international design protection through the Hague System for the International Registration of Industrial Designs. This system provides a streamlined process for filing and examining design applications in multiple countries.

If someone infringes on your design registration, you can take legal action to enforce your rights. 

There are a number of options  available to you. We are here to help you strategise your next moves. Sending a cease-and-desist letter could be your first step, alerting the infringing party of your rights and initiating negotiations. Should additional weight be required, filing an opposition or pursuing the matter in front of a court are additional options.

The term of a design registration varies depending on the country in which it is granted. In Switzerland, design protection can be obtained for a maximum of 25 years. 

In general, any product with an ornamental or aesthetic appearance can be protected by a design registration, including furniture, clothing, jewelry, packaging, and electronic devices.