Date: November 21, 2016
Modified November 14, 2023
Written by: Valerie Lipman
Reading time: +/- 2 minutes
We all have an idea sometimes. A brilliant idea that makes you wonder why no one has thought of it yet. For me it's just a brain twister, but fortunately many really good ideas lead to beautiful new products and techniques. That process from idea to product takes a lot of time and investment. In the meantime, of course, there is the risk that someone else will run with your idea, or happens to be developing the same idea. Protection requires more than one idea. But the I-depot is an important tool at this stage.
An idea, no matter how brilliant, cannot be protected by a patent, for example, or copyrights. After all, an invention is still abstract. We do not yet know how the technology will work or what the product will look like. An idea can lead to all sorts of very different products. Therefore, we cannot prohibit others from picking up that idea and developing it into something concrete. Protection only comes into play when an idea is developed into something concrete: for example, a technical solution that is applicable and repeatable, or a form. Think, for example, of a new technical production process, a book, a new app, or beautiful designer furniture.
During the development phase of a new product or a new technique, there is a risk that others may get hold of it. So it is very important to keep everything secret. Get a confidentiality agreement from all parties being talked to, and don't forget to impose a confidentiality obligation on staff or hired workers. You cannot stop someone who really wants to do harm. But violation of such a contractual obligation can lead to an obligation to compensate for the resulting damages.
You can also register your concept, design or other confidential information. This can be done through a so-called i-depot, at the Benelux Office for Intellectual Property. This allows you to register all kinds of things, such as a design, a protoype, a scenario for a film, a format, a recipe, drawings, confidential business information and know-how, etc.
Registration by an I-depot does not provide protection. But then what are the benefits?
The number of the i-depot can be included in the confidentiality agreement. If that secrecy is then breached, you can prove what information had to be kept secret. Your contract partner cannot then claim that that information was not secret.
The registration will also be labeled with the date the i-depot was registered. This allows you to prove that your concept or invention already existed on a certain date. Suppose you further develop your idea into a product. If someone else imitates your product and claims that you copied it, you can prove that you had the idea before and that you did not copy it. Of course, the more concrete the information in the i-depot is, the stronger the proof. And if someone makes off with your invention and applies for a patent for it, you can use the i-depot to claim that patent. Again, the invention must then be described in sufficient detail in the i-depot. So even for products and techniques that are already fully developed, but for which no protection has yet been applied for, an i-depot is a very useful tool.
An i-depot remains secret, so you don't run the risk of no longer being able to obtain protection through a patent, for example. To obtain a patent, the invention must be new, original and not yet disclosed anywhere. The Benelux Office for Intellectual Property is currently developing a way to make an i-depot public in whole or in part. This can be useful if you want to be able to prove when your product was first disclosed to the public in Europe. This is in fact a requirement to be able to invoke the protection of an unregistered Community design.
The i-deposit is similar to the well-known day stamp from the tax office, or to a deed from the notary. The advantage of the i-depot is that no one can claim that you changed something later. This is because the i-depot is kept at the Benelux Office for Intellectual Property and cannot be changed. The costs are also much lower than those of a notary: for € 37 your idea is already stored for 5 years. You can extend that term each time. Since September 26, 2016, your advisor, such as an agent or a lawyer, can also file an i-depot on your behalf and manage the i-depot for you. They can also help determine what is best to register.
This page was last updated on August 16, 2023.
As attorneys for business owners , we understand the importance of staying ahead. Together with us, you will have all the opportunities and risks in sight. Feel free to contact us and get personalized information about our services.