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  • Belgium: Prima facie validity of European Patents

    Interim measures and preliminary injunctions are frequently used in Belgian and European (cross-border) patent litigation conflicts. Belgian courts can generally order such measures upon a prima facie assessment of the validity of the claimant's IP rights, which includes neither a full legal analysis nor a substantial technical examination.

    In the…

  • France: New sovereign patent fund

    The French government recently announced that together with the Caisse des Dépôts et Consignations (CDC) it will create a new sovereign patent fund (SPF) called Fonds Souverain de la Propriété Intellectuelle (FSPI).

    The FSPI will have €100 million at its disposal. This amount will be available until 2023.

    The main…

  • Patent law harmonised with PLT

    The Belgian Patent Law of March 28 1984 has been harmonised with the Patent Law Treaty (PLT) and the decree of issuing of European patents. The main relevant amendments relate to:

    • the minimal requirements to obtain a filing date,
    • the notification of irregularities issued by the Belgian Patent Office…
  • Supreme Court aligns with Rintisch decision

    If on the one hand the owner of a registered trade mark has the exclusive right to use it in relation to the goods and services covered in the registration, on the other hand it is a legal requirement to actually use the trade mark in trade. Thus non-used trade…

  • Academy wins Oscar trade mark battle

    A Belgian insurance company launched a reward programme for safe drivers under the name DVV OsCar and filed a semi-figurative trade mark including that denomination. It used the title “And the OsCar goes to…” in some online advertising too. The Academy of Motion Picture Arts and Sciences, owning earlier trade…

  • Supreme Court addresses copyright and perfumes

    According to article L 112-1 of French Intellectual Property Code, copyright “protects the rights of authors of all works of mind, whatever their kind, form of expression, merit or purpose”.
    The only conditions laid down by the code for this protection are the originality and novelty of the creation.…

  • Re-establishment of rights now available

    Human beings from time to time make errors and that is why most of patent laws have a provision for restitutio in integrum. The Belgian patent law only had previously a provision for re-establishing a patent in case of non-payment within the time limit of a renewal fee. The provision…

  • Update on French Polynesia

    As mentioned in our previous article, French Polynesia (FP) an overseas community of the French Republic, became autonomous under the organic law of February 27 2004.
    This new status has consequences for the validity of IP rights in this territory. As from March 3 2004, IP rights filed with…

  • Forget the 31 months limit when using early processing

    An international patent (PCT) application will enter into the European regional phase after 31 months from the date of filing or from the priority date, if priority is claimed.
    The entrance of the PCT application into Europe is effective if the applicable requirements mentioned in Rule 159(1) EPC are…

  • Ownership claim and statute-barred period

    The French Cour de Cassation (highest court) ruled on January 7 2014 in a case related to an ownership claim and statute-barred period.
    The litigation, filed on November 17 2004 concerns the ownership of a French patent whose mention of grant was published on June 2 2000 and a…