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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.

Winner of the 2019 Trends Legal Award for “Best law firm in IP, IT & TMT”

 

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"Highly experienced practice well versed in counterfeit cases. Also advises clients on patent disputes, trade secrets, selective distribution agreements, trade mark infringements and domain name litigation. Often assists media clients with copyright infringement proceedings. Additionally popular with clients from the fashion and retail industries. Acts on cross-border mandates and collaborates with the firm's other departments, including the competition and TMT teams."

Chambers Europe, 2021

"It is very easy to work with CMS and the firm is present across different countries."

Feedback from a client about the department - Chambers Europe, 2021

"At CMS, managing partner Renaud Dupont is a member of the Benelux Trademarks Associations (BMM) and the European Community trademark association (ECTA), as well as chairing the board of directors at the AIPPI (Association Internationale pour la Protection de la Propriété Intellectuelle). Dupont co-heads the practice with Tom Heremans, which is noted for its extensive experience of IP disputes. The team also covers a wide ambit of issues relating to trade marks, patents and copyrights. Heremans and senior associate Lisbeth Depypere are assisting Okay Supermarkten with defending IP rights over its shopping cart logo by way of litigation, with other competitors using similar illustrations."

Legal 500, 2021

"Clients applaud the lawyers for their proactivity, stating: 'They keep me informed of everything that's going on in a timely matter'."

Feedback from clients about the department - Chambers Europe, 2020

"commitment, availability and responsiveness"

Feedback from a client about the department - Chambers Europe, 2020

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21 April 2021
Lego A/S v EUIPO: Lego re­tains design re­gis­tra­tion for its icon­ic Lego...
The Second Cham­ber of the Gen­er­al Court in Lego A/S v EUIPO (Case T-515/19) has an­nulled a de­cision of the EU In­tel­lec­tu­al Prop­erty Of­fice (“EUIPO”) to de­clare in­val­id the design of a Lego brick...
23 March 2021
The En­larged Board of the European Pat­ent Of­fice has giv­en a mo­ment­ous...
The En­larged Board of the European Pat­ent Of­fice heard or­al ar­gu­ments in Ju­ly 2020 con­cern­ing pat­entab­il­ity of a com­puter soft­ware in­ven­tion.  This rare event was video streamed to over 1600 pat­ent stake­hold­ers...
05 March 2021
New EPO Guidelines on an­ti­body claims provide fur­ther clar­ity for ap­plic­ants
In­tro­duc­tion The EPO has now pub­lished their re­vised Guidelines for Ex­am­in­a­tion 2021[1] which con­tain new sec­tions de­tail­ing EPO prac­tice in re­la­tion to an­ti­bod­ies for the first time, en­ter­ing in­to force...
24 February 2021
COV­ID and ViCo: EPO re­fer­ral to the En­larged Board of Ap­peal
In the last year, the COV­ID-19 pan­dem­ic has res­ul­ted in a large pro­por­tion of the leg­al sec­tor trans­ition­ing to a ‘work from home’ ar­range­ment, with meet­ings tak­ing place re­motely. Non-es­sen­tial travel...
16 February 2021
Fight­ing poor med­ic­a­tion ad­her­ence in the European Uni­on: The Grav­it­ate-Health...
Nowadays, European cit­izens can ob­tain a great amount of in­form­a­tion (on­line and off­line) about any medi­cine. However, this in­form­a­tion is in many cases un­re­li­able and dif­fi­cult to un­der­stand, en­cour­aging...
12 February 2021
‘It’s like milk but made for hu­mans’: Gen­er­al Court over­turns EUIPO’s re­fus­al...
On 20 Janu­ary 2021, the Gen­er­al Court (“GC”) handed down its judg­ment in the ap­peal brought by Oatly AB (“Oatly”) against the de­cision of the EU In­tel­lec­tu­al Prop­erty Of­fice (“EUIPO”) to re­fuse...
11 February 2021
New EPO Guidelines now pub­lished re­gard­ing amend­ing the de­scrip­tion: what’s...
In­tro­duc­tion In Oc­to­ber 2020, CMS pub­lished an art­icle ‘New EPO Guidelines ex­pec­ted re­gard­ing amend­ing a de­scrip­tion: what’s all the fuss about?’, which has been the cata­lyst for dis­cus­sion in the...
15 December 2020
Five years after Hua­wei ZTE FRAND li­cens­ing ob­lig­a­tions again be­fore the...
On 26 Novem­ber 2020, the Düs­sel­dorf Re­gion­al Court an­nounced that it would sus­pend a pat­ent in­fringe­ment pro­ceed­ing and refer key ques­tions on com­puls­ory li­cens­ing of stand­ard es­sen­tial pat­ents (SEP)...
01 December 2020
EPO pri­or­ity claim en­ti­tle­ment – the “same ap­plic­ants” ap­proach up­held
In a Press Com­mu­niqué dated 6 Novem­ber 2020, the EPO sum­mar­ises the Tech­nic­al Board of Ap­peal 3.3.08 writ­ten de­cision re­cently is­sued in case T 844/18 con­firm­ing the re­voc­a­tion of a pat­ent re­lated to...
09 November 2020
CJEU rules that small sales of high-priced lux­ury sports cars and re­place­ment...
Back­ground Sev­er­al ques­tions were re­ferred fol­low­ing an ap­peal by the right­shold­er, Fer­rari, against the de­cision of the Ger­man court to or­der the re­voc­a­tion of two ‘TE­ST­AROSSA’ fig­ur­at­ive marks...
29 October 2020
EU Gen­er­al Court cla­ri­fies in­ter­pret­a­tion of “sat­is­fact­ory meth­od” in the...
In the re­cent case of Me­dac Gesell­schaft für klin­is­che Spezi­al­prä­par­ate mbH v European Com­mis­sion, the EU Gen­er­al Court has an­nulled a de­cision of the European Com­mis­sion in which it held that the ap­plic­ant’s...
28 October 2020
New EPO Guidelines ex­pec­ted re­gard­ing amend­ing a de­scrip­tion: what’s all...
Sum­mary The EPO re­quire­ment to amend the de­scrip­tion to con­form with al­lowed claims is chan­ging sig­ni­fic­antly. Ex­am­iners have already been giv­en in­tern­al guid­ance and re­vi­sions to the EPO Guidelines...