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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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Laurine Georgis
22/06/2018
June 2018 News­let­ter
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.
16/03/2018
March 2018 News­let­ter
25/07/2018
Kenzo v Kenzo Es­tate: The CJEU con­siders the ad­miss­ib­il­ity of late...
In­tro­duc­tion The latest de­cision of the Court of Justice of the European Uni­on ("CJEU”) in the Kenzo case provides use­ful guid­ance on ad­miss­ib­il­ity of late evid­ence in EU trade mark ap­peal pro­ceed­ings and cla­ri­fies the mean­ing of ‘un­fair ad­vant­age’ for well-known.
Lisbeth Depypere
31/01/2018
Janu­ary 2018 News­let­ter
20/06/2018
Amend­ments to the Be­ne­lux con­ven­tion on In­tel­lec­tu­al Prop­erty
The Be­ne­lux Con­ven­tion on In­tel­lec­tu­al Prop­erty (BCIP) has been amended as of June 1st. The Be­ne­lux Of­fice for In­tel­lec­tu­al Prop­erty (BOIP) will have new prerog­at­ives as re­voc­a­tion and in­val­id­a­tion ac­tions can be brought be­fore it and the Be­ne­lux Court of Justice.
27/10/2017
Oc­to­ber 2017 News­let­ter
14/06/2018
CJEU rules that Louboutin's red sole trade mark is not a shape trade...
On 12 June 2018, the Court of Justice of the EU rendered its much-awaited judge­ment in the case about Louboutin’s red sole trade mark, rul­ing that this trade mark does not re­late to a spe­cif­ic shape of sole for high-heeled shoes since the de­scrip­tion ex­pli­citly.
29/09/2017
Septem­ber 2017 News­let­ter
16/05/2018
Con­cert and fest­iv­al tick­et prices not to rise this sum­mer
In April, the com­mer­cial court of Brus­sels rendered a de­cision in a case brought by 33 con­cert pro­moters against the Bel­gian col­lect­ing so­ci­ety SABAM. In 2017, SABAM tried to in­crease the roy­al­ties paid by con­cert pro­moters for pub­lic per­form­ance of mu­sic­al.
28/06/2017
June 2017 News­let­ter
28/03/2018
Brexit up­date on In­tel­lec­tu­al Prop­erty Rights -Draft With­draw­al Agree­ment
On 20 March 2018 the UK and EU Com­mis­sion pub­lished the draft With­draw­al Agree­ment (here), which re­flects the cur­rent status of Brexit ne­go­ti­ations between the UK and the EU. The text of the Agree­ment has been col­our-coded to show: (1) agreed terms that are.