The refusal to grant a licence for intellectual property (IP) rights can sometimes conflict with competition law. This topic has already been explored in the case law of national courts and the Court…
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 Belgium, descriptive seizures (called “saisie-description” in Belgium) are long-standing ex parte procedures to collect evidence of infringement. When a Court grants a saisie request, the said…
1. Introduction
In an important decision of February 8, 2022 the Brussels Dutch Court of Enterprises (hereafter the “Court of Enterprises”) declared null and void a patent on an “apparatus, system…
This is a follow-up to Jan-Diederik Lindemans’ post of 18 December 2019 discussing the guidelines on legal privilege during saisie-contrefaçon adopted by the Brussels Bar Association (‘BBA’) on 21…
The Brussels Bar Association (Dutch speaking section, hereafter BBA) recently issues the third guideline since it was created in 1994. In this Guideline the BBA instructs its members how they should…
In last month's blog about the recovery of legal costs in Belgian IP enforcement proceedings, it was announced that the Mons Court of Appeal would probably be the first Belgian court to hand down a…
On May 9, 2017, the Dutch-speaking Brussels court of commerce handed down its decision on the merits in the context of an infringement action initiated by Orion and its exclusive licensee Novartis…
On April 3, 2017, the latest decision was handed down in the patent revocation battle between medical device manufacturer Nouvag and Jean Malak, a plastic surgeon specialized in liposuction. This…
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…
