Before the product can be introduced to the market, we need to make sure that the use of the product and all of its features is conform the (Dutch) law.
#1 General product requirements
The European Union Law has a number of requirements that every product needs to meet. In order to prove that our product is legal we answer these requirements.
Product safety (Richtlijn 2001/95/EG)
The law states that every product that a consumer can use has to be safe. Producers are therefore obligated to make sure their products meet the general safety requirements, and warn the consumer for every possible safety risk.
According to the Dutch road traffic law book (Wegenverkeerswet) article 5 and 6, anyone who participates in traffic is obligated to behave so, that they do not form a danger in traffic that could cause accidents. Doing so will result in punishment.
- In short, the person has to pay attention to the traffic to not form a danger
- The user can listen to music, as long as they are not distracted (e.g. a smartphone)
Place of origin
Products need to provide information that allows them to be traced back, like identity of the manufacturer and a product reference. If there are safety risks involved in using this product, this needs to be mentioned.
European and national norms
Products can be considered safe if they meet the national requirements and norms. If these are not present, the safety needs to be judged on
- Recommendations of the European Commission
- ‘Best practices’ in this particular branche
- Current level of technology
Our prototype is allowed to be tested in traffic according to the traffic safety law (wegenverkeerswet), because the bicycle user is allowed to listen to music as long as they are not distracted from the traffic. Our product is not distracting the user or causing trouble to operate the bike in any way.
However, for the product to be released and manufactured, the safety would need to be tested to meet the requirements of European and national norms.
To protect our product from copying and theft, we need to consider patenting in the early development stages.Although a patent can be given to any type of product, it needs to meet certain requirements
- The invention must show an element of novelty; that is, some new characteristic which is not known in the body of existing knowledge in its technical field. This body of existing knowledge is called “prior art”.
- The invention must involve an “inventive step” or “non-obvious”, which means that it could not be obviously deduced by a person having ordinary skill in the relevant technical field.
- The invention must be capable of industrial application, meaning that it must be capable of being used for an industrial or business purpose beyond a mere theoretical phenomenon, or be useful.
- Its subject matter must be accepted as “patentable” under law. In many countries, scientific theories, aesthetic creations, mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods, methods for medical treatment (as opposed to medical products) or computer programs are generally not patentable.
- The invention must be disclosed in an application in a manner sufficiently clear and complete to enable it to be replicated by a person with an ordinary level of skill in the relevant technical field
Our product shows novelty, as there are no products with the same features at this moment. It solves the problem of safety issues within traffic because of mobile phone distractions.
To acquire a patent, we would need to contact the European Patent Office (EPO).
#3 Business organization structure
An important step in setting up a business is choosing the business organization structure. All businesses must have a legal configuration in which the rights and control of all participants are described.
Some of the types are:
The type would need to be discussed with the investors and team members, dependent on which role the participants want to fulfill.