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More than a wine label when prestige is at stake
GEVERS
  • Intellectual Property
  • Belgium
  • 10 May 2021

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.

Thin line between legitimate copies and unfair trade practices
GEVERS
  • Intellectual Property
  • Belgium
  • 03 May 2021

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: can everything you say be used against you?
GEVERS
  • Intellectual Property
  • Belgium
  • 26 April 2021

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.

Role of patent data in innovation lifecycle: marketing and monetisation stages
GEVERS
  • Intellectual Property
  • International
  • 19 April 2021

Patent-related data is a recognised source of information about technological innovation programmes and the patenting strategies of parties in a particular field. Parties often use data reporting tools (eg, mapping or landscaping) to provide an overview of a competitive activity. This article focuses on how parties can use patent data at the marketing and monetisation stages of a product's innovation lifecycle.

Role of patent data in innovation lifecycle: development stage
GEVERS
  • Intellectual Property
  • International
  • 12 April 2021

Patent-related data is a recognised source of information about technological innovation programmes and the patenting strategies of parties in a particular field. Parties often use data reporting tools (eg, mapping or landscaping) to provide an overview of a competitive activity. This article focuses on how parties can use patent data at the development stage of a product's innovation lifecycle.

Role of patent data in innovation lifecycle: ideation stage
GEVERS
  • Intellectual Property
  • International
  • 05 April 2021

Patent-related data is a recognised source of information about technological innovation programmes and the patenting strategies of parties in a particular field. Parties often use data reporting tools (eg, mapping or landscaping) to provide an overview of a competitive activity. This article focuses on how parties can use patent data at the ideation stage of a product's innovation lifecycle.

Protecting product appearance through trademark and design registrations
GEVERS
  • Intellectual Property
  • International
  • 22 February 2021

Consumers recognise products not only by the words and logos on their packaging, but also by their look and feel, including their shape and colour. Both copyright law and fair trade practice law provide legal protection to the look and feel of products. Where possible, IP owners should also seek protection for their products' appearance by obtaining a registration certificate under trademark and design law, which can be a strong asset if a dispute arises.

There's no such thing as an international patent
GEVERS
  • Intellectual Property
  • International
  • 15 February 2021

Patents are restricted to a specific territory and no single patent confers protection for inventions worldwide. However, an international patent application does exist. Filed under the Patent Cooperation Treaty, an international patent application aims to facilitate the procedures for protecting inventions in multiple countries in a cost-effective and insightful way.

Don't believe everything you read
GEVERS
  • Intellectual Property
  • International
  • 08 February 2021

Unfortunately, it is not uncommon for third parties to try and trick others into paying a large sum for specific services, even in the IP field. If an IP owner receives a letter or invoice from an unknown party, it should check what is being offered and whether the source is trustworthy.

Laboratoire de la Mer and Omega Pharma in disguised trademark infringement claim procedure
GEVERS
  • Intellectual Property
  • Belgium
  • 28 September 2020

This article has been removed at the request of the contributing firm.

Provisional patent applications can now be filed in France
GEVERS & ORES
  • Intellectual Property
  • France
  • 20 July 2020

Since 1 July 2020 it has been possible to file provisional patent applications in France. The formal requirements for filing a provisional patent application are fairly simple compared with those of the 'classic' French patent application (eg, claims or abstracts cannot be filed). Nonetheless, the filing date of this provisional application can still be claimed as the priority date of a 'classic' patent application.

Trademarks: why companies should obtain copyright for logos
GEVERS
  • Intellectual Property
  • International
  • 20 July 2020

When a company decides to refresh its image and develop a new logo, it will probably want to protect the logo as a trademark. In most cases, a new logo will have been designed by an employee, a freelancer or a communication agency. However, companies often overlook the fact that, in such cases, the employee, freelancer or communication agency automatically owns the logo's copyright, even if the logo was designed at the company's request.

French patents can now be opposed before INPI
GEVERS & ORES
  • Intellectual Property
  • France
  • 06 July 2020

Since 1 April 2020 it has been possible to file an opposition to invalidate a French patent directly with the National Industrial Property Institute. Previously, such invalidations had to go through a procedure before the Court of Paris, which created a number of disadvantages – for example, the request was examined by judges without scientific knowledge and required representation by an attorney at law. The length of these legal proceedings, although short, was also a hurdle.

Did you know: domain name registration is no substitute for trademark registration?
GEVERS
  • Intellectual Property
  • International
  • 06 July 2020

Unlike a trademark, a domain name is a contractual right which is primarily used to identify a website. In most jurisdictions, it cannot serve as a basis to oppose the commercial use of a sign or the registration as a trademark of a sign that is contained in the domain name. In short, the exclusive character of the domain name holder relates and is limited to the domain name as such.

Trademark fluidity – not only humans are social distancing
GEVERS
  • Intellectual Property
  • International
  • 08 June 2020

Only a few weeks ago, the phrase 'social distancing' was not part of daily conversations. However, in the context of the current COVID-19 crisis, it is on everyone's lips and is now one of the most well-known measures introduced to limit the spread of COVID-19. In order to stay relevant in these strange times, a number of brands have temporarily adapted or modified their trademarks and logos to reinforce the importance of complying with the health guidelines.

INPI examination of inventive step: time to make a choice!
GEVERS & ORES
  • Intellectual Property
  • France
  • 18 May 2020

​One of the most significant measures of the Action Plan for Business Growth and Transformation affecting patent law is about to come into force. Under the new measures, the National Industrial Property Institute will examine and grant French patent applications filed after 22 May 2020 if they meet not only the criterion of novelty, but also the criterion of inventive step.

Obtaining patent protection for software in Europe
GEVERS
  • Intellectual Property
  • European Union
  • 24 February 2020

Under the European Patent Convention, a computer program per se is not considered a patentable invention; rather, program listings per se are protected by copyright. However, in many cases, a computer program can be considered a technical solution to a technical problem and is thus patentable. For a European patent to be granted, applicants must show that this solution is novel and involves an inventive step with respect to prior art.

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