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  • Protecting trade secrets vs. descriptive seizures

    Belgium has a useful and powerful tool to act against infringers of intellectual property rights: descriptive seizures. By means of an ex parte request to a competent Court of Commerce, IP rights owners can obtain allowance for such a descriptive seizure. The only evidence that is needed is a proof…

  • Tax credit on patent

    With the beginning of winter comes the time to build the IP budgets for the year to come. If you look for a solution to save some money, don’t forget the tax credit on patent.

    Indeed, despite what may be believed about France as soon as taxes are involved, you…

  • European patents can’t be corrected anymore

    The Enlarged Board of Appeal (EBA) of the EPO issued a decision on the question:” Is a patent proprietor’s request for correction of the grant decision under Rule 140 EPC which was filed after the initiation of opposition proceedings admissible?

    In the present case the patent proprietor tried to modify…

  • IP Translator case could cause legal uncertainty

    France is among the countries requiring that the specification of goods and services of trade marks be as precise as possible, for the security of the third party.

    According to the French Intellectual Property Code, a trade mark application has to list precisely the goods and services to which it…

  • Taking unfair advantage of a reputed trademark

    Spa Monopole, the owner of the reputed mineral water trade mark Spa in the Benelux successfully opposed the Community trade mark (CTM) application Nativa Spa O Boticario for perfumery and cosmetics recently.

    The Board of Appeal of OHIM confirmed, in two decisions on May 2 and May 10, the previous…

  • The French Patent and Trademark Office is moving

    The French Patent and Trademark Office (INPI) is moving on October 22, 2012. The purpose is, among others, to gather several departments which were disseminated in Paris and in the surroundings.

    The new building, which is claimed to be particularly environmental friendly, will be located in Courbevoie, in the near…

  • Remarkable.eu domain transferred

    An arbitration panel has transferred the domain name remarkable.eu back to the Belgian company Remarkable Europe.
    The Prague-based Czech Arbitration Court (CAC) is an independent body selected by EURid to handle alternative dispute resolution (ADR) proceedings on .eu domain names.

    Remarkable Europe had owned the domain name remarkable.eu since…

  • Dealing with external inventors

    In France, when an employee of a company makes an invention, ownership depends on his employment contract. Generally, the contract contains a clause stating that the employee has an inventive role and that inventions resulting from his work belong to the company. In return, according to French law, the company…

  • First names prevail on surnames between wine marks

    The French Trademark Law provides for the coexistence between a registered trademark and an identical surname used in the course of trade (Article L713-6 a) French Code). To preserve from frauds, the homonym can use its surname, which is an attribute of its personal rights, as company name or trade…

  • Supreme Court clarifies copyright case law

    What kind of work deserves copyright protection? According to the 1994 Belgian law on copyright and related rights, a work should be expressed in a certain form, be communicated to the public (the ideas are not protected) and be original. Since the Screenoprints judgment by the Benelux Court of Justice,…