10 practical tips to get started with protecting intangible assets

When you spend time and resources on development and creating something new, it's smart to make sure that it's you and your company who do all the work. You can use the intellectual property rights to increase profitability in your company. The first thing you must take care of is securing the right to the business you are developing, by registering a patent, design and trademark.

Often as much as 90 percent of the value of the business can lie in the intangible assets. Companies that develop and consciously exploit these values have higher profitability than those that do not.

Competitors can copy and imitate your innovative solutions, product or services. Piracy can be stopped when you can show your registered patents, designs or trademarks. It can be unnecessarily expensive and resource-intensive to handle this after a conflict has arisen.

A good tip is therefore to have a conscious relationship with your own and the intellectual property rights of others right from the start.

A good first step is to map out what kind of intellectual property rights may be relevant for your company. You get a good starting point by taking our test.

Good ideas are often a little late in life, and when you get a brilliant idea, it may be that others have thought along the same lines. It is therefore important that you carry out thorough searches on the internet and find out what is already available for the same or similar products and services.

Searching databases will give you an overview of how unique your idea is. You can also see who your competitors are and whether you may be infringing the intellectual property rights of others by putting your idea on the market.

Makes an initial search in the various databases

Ask yourself the question:

• In which country other than Norway do I want to launch my new invention, logo or design?
• Where do I want to reach in the long term?
• What would I like to produce?

To prevent you infringing the rights of others, it is important that you also check what rights others have to the same products in countries that are relevant to you and your company.

Makes an initial search in the databases referred to under point 3.

When you have mapped which rights are relevant to you and have an overview of which countries you want to protect your rights in, it is smart to get a quick cost estimate.

When you make conscious choices about intangible values and correct them from the start, you are in a stronger position vis-à-vis competitors and business partners. Then you can also prevent others from stealing your work. The strategy describes how your intangible assets are to be protected and used, and belongs in your business plan.

A trademark distinguishes your goods and services from those of others. A trademark can consist of words, names, logos, figures, images, letters, numbers, packaging, sound or combinations of these. The trademark acts as a guarantee that the goods and services come from one particular manufacturer or supplier, and that the customer will receive an expected quality.

When choosing a name, it is important to be aware that you cannot get exclusive rights to words or figures that only describe your product. The trademark cannot also resemble previously registered trademarks, but be unique and have a distinctive character.

Judgment:

• You do not get exclusive rights to "ØKERN RØRLEGGERSERVICE" for services that involve "plumbing services". Because this only tells where the service is offered, namely on Økern, and describes what types of service are offered.
• If you still want to call your business "ØKERN RØRLEGGERSERVICE", you can do so, but you cannot register this as a trademark. Then others can get close to your name, and confusion can arise in the market. Others may, for example, call themselves "ØKERN RØYRSERVICE", "ØKERN RØRLEGGERTJENESTE" or "SERVICE RØRLEGGERN PÅ ØKERN".
• You get a stronger exclusive right to the brand if you prefer to give your business a fancy name, such as SWIX for ski lubrication.
• You can combine "ØKERN RØRLEGGERSERVICE" with a picture or figure that not only supports the meaning of the text, for example an eagle. You can register this as a combined mark. Then you get exclusive rights to how your logo looks, but not to the descriptive words.
• A slogan such as "WE KEEP OUR PROMISES" cannot initially be registered as an exclusive right. This is because others must be allowed to say the same about their goods and services. However, if you combine the slogan with a more special word "STAUREA - WE KEEP OUR PROMISES", it can be registered as a trademark.

Get tips on registering a trademark

On NIPO's website:
Search for a trademark in Norway - What can you register?

Check whether competitors have registered a similar trademark in the same industry as you in NIPO's search service (for courts in Norway).

Early in the process, it is very important that you check whether your company name has been registered as a trademark by others, and whether the domain name you want is available. The trade mark register and the Brønnøysund register are not coordinated, and you yourself must ensure that you have control over this.

You can go to navnesok.no to check about domain names, company names and trademarks in one and the same search.

Read more about domain names

Have you come up with a new way to solve a problem? Your solution may be patentable, but before you submit an application for patent protection, you must make sure that the invention does not in any way become known to others. Known and published solutions cannot be patented.

Judgment on situations where your invention is considered "published to others" and "generally available" is when the invention or solution:

• is published. For example, describe in a text, in a newspaper article or brochure, or orally through a lecture, interview, radio, film or video
• has been demonstrated, so that he can be considered known
• has been sold , so that he can be considered known
• is talked about among friends and acquaintances
• is tested in a place where others have been able to see him

If you need to talk to someone about your invention, test it or show it, it makes it confidential to a certain circle of people. See tips on how to share confidential information under point 9.

The content of the patent application is secret for 18 months from the day the application is sent to the Patent Office

Read more about patent - invention

More about confidentiality and confidentiality

The novelty requirement also applies to applying for design registration. But for design applications in Norway, the USA and the EU, you can publish the design up to 12 months before you submit the design application. Other countries have different rules, so research other applicable countries before publishing your design.

Are you wondering how you can share confidential information?

When you have an idea that you want to commercialize, you need to present it to others in order to progress. If you are afraid that someone will steal the idea, a confidentiality agreement can be a useful tool.

Guide on confidentiality agreements developed by Innovation Norway

Has someone stolen your idea or violated your intellectual property rights? Are you blamed for lying too close to the rights of others?

In many conflicts about patents, trademarks or designs, it is common for the person who believes to be infringed to take the first step. A "cease and desist letter" will then be sent to the person or business that is believed to be operating an illegal business.

This is a letter that states which rights are believed to have been infringed, and the recipient is asked to stop the encroachment on the intellectual property rights. It should also be stated what kind of legal steps are planned to be taken if the violations do not stop, such as, for example, taking the case to court. If you receive such a letter, you should respond in writing within the deadline, regardless of whether you agree or disagree with what is written there.

Also read more about how you can monitor whether someone infringes patent, design or trademark rights: Has someone infringed your rights?