The advertising of tobacco and tobacco products has been prohibited in Belgium (Benelux?), at least with a few exceptions since 1999 and since 2021 altogether. Nonetheless, smoker or not, the public is quite familiar with the Marlboro brand which includes the “red rooftop” that is omnipresent on its packaging. And since the Marlboro-marks have a reputation, third parties should think twice before applying these on a product, whether these are cigarettes or something different entirely.

Indeed, a reputed trademark grants protection for identical and similar goods or services, but also for dissimilar goods or services. Provided that the signs are identical or similar, the earlier mark enjoys a reputation, and the use of the trademark applied for takes unfair advantage of, or is detrimental to, the distinctive character or reputation of the reputed mark without due cause. In this case, the owner of such a trademark can take actions, as shown below…

The research exemption for patents has long been a vital mechanism in striking a balance between protecting inventors’ rights and promoting scientific exploration. Within Europe, Belgium historically provided a notoriously broad exemption relating to research. However, on the 1st of June this year, the Unified Patent Court will start. One of the aims of the new patent court is harmonization and Belgium and other countries that will join the system have aligned their patent law. The changes that have been introduced in the Belgian law will have an immediate impact on companies, universities and institutes and concern general research as well as research and development for medicines specifically.

Press release. Paris, May 31, 2023. Since January 2023, the Franco-Belgian Group Gevers has shown that growth and independence can […]

Unfortunately, many misconceptions exist when dealing with patents. A number of those are addressed in this article.

A sign used in trade to identify the origin of products or services can consist of a ‘traditional’ word or figurative mark, on the one hand, or can have ‘non-traditional’ representation such as color, sound, multimedia or the position of visual element, on the other.
Nowadays, most IP Offices in the EU Member States are more lenient to accepting such non-traditional marks for registration. However as before, to be eligible for trademark registration, a sign must meet the requirement of distinctiveness.

Contraception is not a novel concept for anyone in this day and age. In fact, due to the advances in science and technology, we can now find innovative contraceptives even in our local pharmacies and drug stores. But did you know that the field of contraception is also not new to the labyrinth of patent law?