When a trademark achieves a reputation, its owner can claim a broader protection which extends to goods and services not designated by their trademark registrations. However, such trademarks are more likely to be the target of parasitism and unauthorised use by unscrupulous infringers. A recent judgment regarding infringement of the well-known trademark PETRUS reaffirmed that trademark counterfeiting damages the prestige and reputation of the affected trademark.
In Belgium, any party is generally free to copy or imitate another party's creation. However, the freedom to copy principle has two exceptions – namely, that copying is not permitted if it constitutes infringement of IP rights or is considered to be contrary to honest and fair trade practices. This article addresses how to tackle a parasitic copy of a creation in Belgium.
Extrajudicial admissions are those that are made outside court proceedings. In some countries, such admissions may be used against a party in court proceedings. In Belgium, no specific provisions exist regarding the admissibility of extrajudicial admissions in court proceedings relating to patents. However, case law shows that the courts will take extrajudicial admissions into account and that it can be difficult for parties to take back such statements.
This article has been removed at the request of the contributing firm.