What is Intellectual Property?

Definition of Terms 

Intellectual property (IP), or intellectual property rights, collectively refers to industrial property rights governed by intellectual property law. These include copyright, patents, trademarks, and design rights.

Intellectual property also represents a crucial repository of works collected by and for creators, developers, and entrepreneurs. It serves as one of the most important sources of information for rights protection.

Benefits 

Whether it's the design of a product logo, a new software development, or a novel idea, many of these concepts can be highly successful when implemented. Therefore, they are valuable even before publication.

While registration is not mandatory, it marks the beginning of every professional marketing process and lays the groundwork for a future strong and unique product or brand.

Functionality 

Upon the enforcement of an intellectual property right, the production, use, and sale of one's own products and services can be legally prohibited for third parties. This also includes giving away the goods.

Overview of Various Rights

Here's a simple overview of the different types of intellectual property rights: 

Trademark Protection

As the name suggests, this protects the names and logos of products and services. When you register your trademark, you obtain the exclusive right to use it and advertise your products and services with it.

Design Protection

As the holder of a design right, you can prevent other market participants from using the same or a very similar design for their products.

Patent Protection

This protection applies to inventions that have a new or improved product or manufacturing process. By patenting your invention, you can take legal action against copycats or third parties seeking to bring the same or a very similar product to market. The "first come, first serve" principle applies here.

Copyright

With a copyright, as the owner, you can decide whether, how, and when your work can be used or marketed. Copyright primarily applies in the artistic field.

Important Notes

As with all rights, there are several things to consider regarding intellectual property rights.

Expiration Dates

All intellectual property rights have an expiration date and must be renewed by a certain deadline. For example, a trademark right lasts for 10 years. The maximum protection period for all intellectual property rights is 20 years.

Trademark protection is an exception to this rule. It does not need to be reapplied for but must be renewed. Forgetting to renew or pay can be particularly tragic. Once the protection expires, there is no longer any protection, and your original idea becomes publicly visible and usable by anyone.

Territorial Principle

Intellectual property rights are granted based on the principle of territoriality. This means they only apply in the country where they were applied for and issued. If you want to patent your invention in other countries, you need to keep this in mind.

In Switzerland, thanks to the Madrid Agreement, you can extend your intellectual property rights to other member states. For registration within Europe, you should consult the European Union Intellectual Property Office.

Note: Do not be misled by terms like "international application procedure." Often, the application is made only in the respective region.

Priority Period

The priority period determines the time within which you can additionally register your creation abroad. Depending on the intellectual property right, this period ranges from six months to one year.

Scope

Note that intellectual property rights generally prohibit economic use and distribution by third parties. However, usage for research purposes and in the private sphere is not included. Nevertheless, there is regulation for protection against piracy within the scope of private use.

Competition Research

Obtaining a patent in Switzerland does not guarantee that a competitor was not faster or that a third party is not already marketing a similar process. It is the responsibility of the applicant to find out. Therefore, it is necessary to thoroughly examine the existing market through good competition research before applying for patents and intellectual property rights. Good sources for research are primarily trademark and patent databases, which are generally publicly accessible. In Switzerland, the Swiss Federal Institute of Intellectual Property (www.ige.ch/en/) is the right address for this purpose. Additionally, there are free online databases that can be useful for initial research but should be used with caution. In any case, it is advisable to consult an expert.

After the research, the details can be clarified with the competitor in advance. If this step is bypassed, not only the production of your own product is at risk, but you may also face challenges, warnings, and even lawsuits. Furthermore, everyone has the right to challenge the intellectual property right granted to you at any time.

Preparatory Questions

Are you still unsure whether you should register your idea or how? The following basic questions are often helpful:

• Is there an economic need to register your idea? (Competition research for the target country)
• What is the competitive situation? (Competition research; are there already similar products in my target market, could you infringe existing rights, etc.)
• What exactly do you want to protect? (Brand, design, the product itself, or the process behind it, etc.)
• What are your priorities?
• What can, but do you not necessarily need to protect (brand, design, etc.)? Or are you proceeding in parallel and want to protect everything?
• Is informal protection also necessary? (e.g., early publications, confidentiality)
• Do the costs and fees for the applications balance with your expected profit?

Institutions, Consultants & Co.

The actual contents and special cases within intellectual property are very complex. There are now a number of consulting services and information centers to help you better understand and delve deeper into the exact subject area. For example, the Swiss Federal Institute of Intellectual Property offers various information services and training courses.

However, if you need short- or long-term professional support with the registration of intellectual property, there are now highly trained patent and trademark attorneys available. They skillfully interpret paragraphs and guide you through the legal jungle. Consulting them can save you a lot of time and money – and is therefore worthwhile in any case.

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