Office Freylinger

Great ideas behind a new business, expansion of a business or a product range are only of value if they can be protected from the competitors. Intellectual Property rights grant their owners monopolies on innovations, products or names to create monopolies and thus may help to escape free competition. Effective protection of the intellectual property of a business is an asset in the competition and in the markets.

Free competition (including the right to copy the products of a competitor) is certainly the basis of our whole economic system. Anything that restricts that competition is generally considered a hindrance to business development in general. Intellectual property rights, however, are monopolies that promote development of our collective technical and commercial heritage. Thus, intellectual property and the exclusive rights relating thereto are a powerful stimulus to innovation; all countries having implemented appropriate ways to adequately protect inventions, trademarks, industrial designs and other original works, have secured faster growth since the end of the last century.

Companies that fail to properly protect their technology, their inventions, their brands or their products or do not put in place appropriate measures to safeguard the confidentiality of their trade secrets are very vulnerable, as their competitors may manufacture and provide the same products without restrictions. The competitors can even use the same name, and in certain case prevent the original company from using the original name!

Protecting Intellectual Property has several advantages on a legal, commercial and financial level.

• The legal advantages provided by Intellectual Property rights (IP rights) include the right to prevent third parties from using the same technology, an identical or similar name, design or shape. IP rights are also powerful tools to negotiate partnerships and other legal agreements.
• Based on these legal advantages, IP rights will confer a commercial advance. The exclusive aspect of the product, manufacturing method and/or service may indeed be used as a commercial tool, to attract new customers and to keep existing customers.
• IP rights also create an innovative image, which can be largely promoted: Intellectual Property is a recognition factor providing greater credibility with your partners. It is also a way to support creations and innovations when negotiating with partners, and build a reputation.
• IP rights may also help in expanding into other markets, by opening new markets to exploit products and/or services, and to find new alliance partners abroad.
• Internally, IP allows assessing the novelty of an innovation or the pertinence of a name, and encourages finding ever more creative solutions.
• Last but not least, financial gains may be derived from Intellectual Property when protected by IP rights. Exclusivity may lead to higher sales or higher sales prices. IP rights are for example also useful for licensing activities, selling a business or securing financing. IP rights can also be sold independently, or put in IP rights pools to obtain more direct and tangible financial return.

OFFICE FREYLINGER PROPOSES TO:

• assist you in determining a protection strategy;
• manage filing procedures to obtain rights;
• provide advice in case of conflicts;
• assist you in exploiting your rights, e.g. by drafting your contracts (in English, German or French);
• assess all or part of your portfolio of intellectual property rights;
• answer your questions on intellectual property.

Please contact us for additional information or documentation.