IP rights in an IP-entity
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Legal advice
Penrose has a team of lawyers that specialise in Intellectual Property in the Netherlands. Please do not hesitate to contact us.
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Welcome to Penrose IP-entity
Penrose specialises in intellectual property (IP) law and corporate law for Dutch IP companies. Penrose advises on and litigates issues regarding the protection, enforcement and infringement of intellectual property rights in the Netherlands, such as copyrights, trademark and trade name rights. A frequently asked question is how to protect your IP rights in a separate Dutch entity (an IP company or IP BV). Please read more about this in the section hereafter.
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IP rights relating to companies
In order to limit the risks for existing intellectual property rights as much as possible, a corporate structure containing at least two companies should be selected. The simplest structure in this respect is having a holding company with an operating daughter company underneath. The holding company will then be used to register and maintain valuable assets such as intellectual property rights. In the unlikely event that the operating company goes bankrupt, you as an entrepreneur, will be left with the holding company with the most important assets.
The separation and transfer of intellectual property rights is not always a simple process and expert advice is essential, both from a legal and a tax perspective. The first question to ask is: who owns the intellectual property rights? If this is unclear, the issue may be resolved by means of a settlement agreement between all of the parties involved.
At Penrose, lawyers specialised in IP-entity are happy to work with you and answer any questions you may have. Contact details are available here.
