Belgian Supreme Court renders a decision about counterfeit seizure proceedings

In its decision of 25 November 2011, the Belgian Supreme Court stated that counterfeit seizure proceedings, which are ex parte proceedings, may not be initiated on the basis of assumptions about the counterfeit, if such assumptions are not supported by documentary evidence. The court confirms that it is not possible to obtain the permission for a counterfeit seizure in relation to software on the basis of an anonymous tip-off.