Checklist: protecting a product, service or invention

1. Is your idea original?

First, make sure your idea for a product, service or invention does not already exist. Do this before developing the idea further. There are several ways to investigate:

• You can use several databases to check whether a trade name or design already exists, or an invention has been patented.
• Search for similar ideas online and in shops. Your product or invention may already be for sale.
• Go to trade shows and browse (online) trade magazines and literature to find new products and services.

Does the idea already exist? Then see if you can give it your own twist, so that you are still unique in the market. This could be with a different design or technique, for example, or with a different brand.

2. Do market research

You have established that you are the only one working on your idea. But what if that is due to a lack of demand for it? Will people want to buy your product or service? Market research can help you find out.

3. Do not develop your idea yet, register it first

Are you waiting to develop your idea? Or will it take you a while to work it out? Only after you have developed your idea can you protect it with IP rights. But you can register your idea in an i-DEPOT. The i-DEPOT stores your idea and dates it. This gives you proof that you came up with it and on what date. But this does not offer the same protection as registering intellectual property.

4. Develop your idea: register your IP

Intellectual Property, or IP rights, is the collective name for the right to new, developed ideas. You can protect your product or service with several IP rights. For example, you can legally protect a product with a novel technique and new design by taking out a patent (octrooi in Dutch). See the different types of IP rights.

You cannot register all IP rights. Copyright, for example, exists automatically on creation. In that case, it is useful if you have evidence with a date such as publication or registration with the Benelux Office for Intellectual Property (BOIP).

5. Use a Non-Disclosure Agreement

Would you like to share your idea with, for example, investors or staff? But have you not recorded or registered your idea yet? Then use a confidentiality statement, also known as a non-disclosure agreement or NDA, to keep the information secret. Or conclude a cooperation agreement.

If you protect your company secrets like this, they will be covered by the Trade Secret Protection Act (Wet bescherming bedrijfsgeheimen, Wbb). If anybody steals or reveals your company secrets, you can take them to court.

6. Market your idea

Once you have taken all the necessary steps to protect your product or service, it’s time to market it. See the steps to introduce a product on the Dutch market.

You can also license your product. This gives someone permission to make and market the product. You can charge a fee for this.