Plagiarism and intellectual property violation

Plagiarism and infringement of your copyright

Plagiarism means someone copying someone else's work or idea and then presenting it as their own, without acknowledging the source. Often, plagiarism is also a copyright infringement. You have copyright automatically from the moment you create a creative work. For example, a text, painting, or song. However, your work must be original and personal.

Show that you are the creator

You can never completely prevent plagiarism. But you can make sure that others know that you are the creator. You can do the following:

• Add your name and date to the publication. You can also indicate that no one else may copy anything without your permission or acknowledgement of the source. There is also a sign for copyright, namely a circle containing a C: ©.
• Register your work in the i-DEPOT of the Benelux Office for Intellectual Property. You will then have legal proof that you created your work on a certain date.
• Do you feel that someone else can be allowed to use your work under certain conditions? Then you may want to issue a Creative Commons licence. Other people may then use or distribute your work under your conditions. But you keep the copyright,

What can you do if your work has been copied?

Taking action against plagiarism costs a lot of time and a court case is expensive. If you decide to take action anyway, you can do the following:

• Send the plagiarist(s) a letter or email with an urgent request to remove the copy of your work. You must specify exactly what work you mean. For example, what part of a text, piece of music, or illustration. Set a deadline. Do they refuse your request? It is wise to get legal help on time. For instance, from a lawyer specialised in intellectual property rights.
• You can also report plagiarism to the Centraal Meldpunt Nederland (in Dutch). This is a hotline to report all types of copyright infringements.

Infringement of your trademark or design rights

You can protect your trademark or design with:

• Trademark rights. With a trademark registration, you protect, for example, the name or logo of your product, service or business. The trademark must be sufficiently distinctive.
• Design rights. With a design registration, you protect a new design with an individual character. This involves characteristics such as the shape, colour, or material of products. For example, a new model of a floor lamp, garment, or furniture. Design right protects new designs chosen for their distinctive design, and not for their technical function.

What can you do against counterfeiting or misuse?

Has your design been counterfeited, or your trademark or brand misused? And do you have registered design or trademark rights? Send the person a letter or email asking them to stop counterfeiting or misusing your design or brand name. Also include proof of your registration. It is wise to get legal help on time. Or you can contact the Benelux Office for Intellectual Property.

Infringement of your patent

You own a patent for a technological invention and someone uses it commercially without your permission. This is an infringement of your patent (in Dutch).

What can you do against infringement of your patent?

Point out to the person that your patent has been infringed. For example, with a registered letter. In this letter, you ask them to stop infringing your patent. Enclose the patent and clearly state what is being infringed. You can do this yourself, but you can also do so via your lawyer or authorised representative.

First try to reach a solution together with the infringer. Most infringement cases can be resolved with an agreement or settlement. For example, consider a licencing agreement. You will then earn money from your patent with the help of another party. Are you unnable to reach an agreement together? Then you can go to court to start infringement proceedings (inbreukprocedure, in Dutch).