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Intellectual Property

Belgium

In today’s knowledge economy, a large part of the value of your business is based on intangible assets and goodwill. Your intellectual property plays a key role in obtaining a competitive advantage. A cohesive IP strategy, including both commercialisation and enforcement, will ensure you get maximum value from your portfolio. With 150 specialist lawyers in 33 countries, we understand your business needs and have worked with some of the best-known brands, from banks to tech and media companies, pharmaceuticals and FMCG companies. This industry-specific approach can help you realise your commercial goals.

The right brands will win the hearts and minds of your customers. The right patents will prevent others exploiting your ideas or provide a substantial barrier to market access. Copyright, know-how and designs also play a vital role. We focus on key sectors relevant to you such as lifesciences, automotive, machinery, manufacturing, consumer products, financial services and TMC. This means you get in-depth industry knowledge as well as legal expertise for the protection of your IP. If you are involved in a dispute, we can guide you through the litigation process.

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"Firm oriented towards practical solutions resolving the issue"

Feedback from a client, Chambers Europe, 2018

"For the areas in which we work with them, they are very strong technically and legally. They are solution-driven and cost-efficient. They are very reactive and can turn around things very quickly, and they know every trick in the book."

Feedback from a client - Chambers Europe, 2017

“Established IP practice with an impressive roster of domestic and international clients. Involved in complex trade mark, patent and copyright matters, including cancellation and infringement litigation. Core sectors of expertise include sports, media, technology and consumer goods. Clients appreciate the team's high level of client service.”

Chambers Europe, 2017

“The IP attorneys at CMS are ‘on the ball’ and ‘among Belgium’s foremost specialists in the field’.”

Legal 500, 2017
30/11/2016
The CJEU de­term­ines scope of im­pli­cit con­sent of au­thors to use their...
Earli­er this month the Court of Justice of the EU (“CJEU”) has rendered a de­cision in the Marc Souli­er, Sara Dokes v. Premi­er Min­istre, Min­istre de la Cul­ture et de la Com­mu­nic­a­tion case (C-301/15), whereby it scru­tin­ized the French “Code de la Pro­priété In­tel­lec­tuelle”...
18/11/2016
No li­cence needed for the ‘pub­lic lend­ing’ of di­git­al cop­ies of books!
The Court of Justice of the European Uni­on (“CJEU”) in the VOB v. Sticht­ing Leen­recht case (C-174/15) has re­cently provided some cla­ri­fic­a­tions in re­la­tion to the rent­al and lend­ing right covered by the Rent­al and Lend­ing Dir­ect­ive (2006/115). Three im­port­ant...
6/10/2014
100 mar­ket­ingv­ragen jur­idisch beant­woord

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17/10/2018
Chin­a's courts pass con­tro­ver­sial rul­ings on open-source li­cen­cing
In a re­cent de­cision that could have leg­al im­plic­a­tions on the use of open-source soft­ware in China, the Beijing In­tel­lec­tu­al Prop­erty Court (BIPC) used a con­tro­ver­sial test to de­term­ine wheth­er soft­ware de­veloper YouZi in­fringed on copy­right or simply ex­ploited.
26/03/2018
McHardy with­draws in­junc­tion re­quest – Is this a vic­tory for open...
After the with­draw­al of re­quest for in­ter­im in­junc­tion in Co­logne High­er Re­gion­al Cour­ton March 7, can users of open source soft­ware breathe a sigh of re­lief or does this with­draw­al give rise to false hope? When Co­logne Re­gion­al Court is­sued an in­junc­tion in.
19/03/2018
Open Source Com­pli­ance
Open source com­pli­ance fail­ures can pose a ser­i­ous threat to af­fected com­pan­ies. Here is an over­view. After the first open source li­cense was en­forced by a Ger­man court in 2004, there is no longer any doubt about their valid­ity.