On December 23, the Brussels Enterprises Court issued a significant judgment confirming that Samsung Bioepis' notification complies with the legal requirements for relying on the SPC Manufacturing…
In its 30 January ruling in Generics (UK) and others v CMA, the EU Court of Justice (CJEU) in effect upheld the existing approach of the European Commission and EU General Court in relation to the…
By Christian Dekoninck, Crowell & Moring
The Brussels Court of Appeal has clarified in a recent decision that a judge, who has previously ruled on a preliminary injunction in a patent case, may be…
By Jan-Diederik Lindemans, Crowell & Moring
7 of the IP Enforcement Directive (measures for preserving evidence) was implemented in Belgium in Article 1369bis/1 et seq. of the Belgian Judicial Code…
This question has been on the minds of many European IP litigation stakeholders since January 26, 2015. On that date, the Court of Appeal of Antwerp in United Video Properties v. Telenet referred…
In its decision of 1 December 2014, the Brussels Court of Appeal clarified the scope of seizure measures that can be ordered in the context of a counterfeit seizure (“saisie-contrefaçon”). The Court…
As already described in a previous blog entry the Belgian Supreme Court nullified a decision of the Antwerp Court of Appeal granting a descriptive seizure (“beschrijvend beslag”; “saisie-description”…
1. Introduction
Preliminary injunction (“PI”) and seizure proceedings are powerful weapons in the hands of patentees in Belgium. Often, the success of a product launch and the outcome of a…
PI proceedings have always been a powerful weapon for patentees in Belgium. In such proceedings before the President of the Commercial Court a full legal analysis of the parties’ rights cannot be…
