The European patent community and especially the people involved in the preparation of the Unified Patent Court were stirred up in March 2015 by an action launched before the Belgian Constitutional…
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…
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…
On 2 April 2014 the parliamentary committee Foreign Affairs of the Belgian House of Representatives voted in favor of the ratification of the UPC agreement. The vote in plenary session is…
The Court of Appeal of Liège confirmed the President of the Commercial Court's finding that the appellant had committed patent infringement, and ordered the reimbursement of costs of the saisie-…
The Court of Appeal partially reversed the Brussels Commercial Court's decision invalidating Lundbeck's SPC for escitalopram, to the extent that it had immediate effect.
A summary of this case will…
The Brussels Court of Appeal issued a preliminary injunction against Eurogenerics on the basis of Lundbeck's Belgian SPC for escitalopram, despite the fact that the SPC had been invalidated in…
