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  • International Briefing Belgium

    “The stamp of the personality of the author” as a fourth copyright protection criteria? Response of the Belgian Supreme Court…

    What kind of work deserves a copyright protection? According to the Belgian Law of June 30, 1994 regarding copyright and related rights, a work should be expressed in a certain…

  • Accentuated names allowed on .fr

    The IDN (Internationalized Domain Names) standard has been created in 2003 to allow adapting domain names to specific local or regional characters. It therefore permits registering names containing letters used in some particular countries or regions, such as letters with accents.
    After it was implemented for the .com, it…

  • Boost for colour marks

    On November 4, the Brussels Commercial Court issued a decision regarding the Community trade mark Veuve Clicquot Ponsardin number 5069711 (figurative mark), Benelux trade mark number 746608 and CTM number 747949 (both colour marks), all for goods in class 33. The complex sign and the colour in question (Pantone 137C)…

  • New dispute resolution and naming policy for .fr

    A new dispute resolution proceeding named SYRELI is entered in force on November 21st 2011.
    Then, on December 6, 2011 the registration of .fr has been extended to all persons located in the European Union, Norway, Gibraltar, Iceland, Liechtenstein and Switzerland, new extensions have also been opened:

    .re for…

  • France a safe route for patent limitation

    Paris Appeal Court has recently rendered its ruling in a litigation involving an alleged infringer versus French Patent Office (INPI). It is one of the first decisions about the possibility of a third party to take part in a decision related to a patent limitation.

    According to the French patent…

  • Mediation in Alicante or Brussels during Appeals before the OHIM

    OHIM’s new mediation service in appeal proceedings in inter partes proceedings entered into force on October 23rd, 2011. With this voluntary service, the parties are invited to reach a friendly settlement by filing a request to the Board of Appeal (BoA), which is the body in charge of the mediation…

  • New framework for 1st level domain names

    Further to a decision  that ruled the proceeding of allocation of domain names against the Constitution of France, the allocation and the management of domain names for extension “.fr” must comply with the law. Indeed, a new legal framework for French domain names has been established by Law n° 2011-302…

  • Court of Appeal of Brussels condemns Google

    Google was recently condemned in a case rendered in Belgium that could have implications in Europe for the news indexes provided by search engines.

    In its judgment of May 5th, 2011 the Court of Appeal of Brussels confirmed that Google News and Google Cache infringe copyright law by posting links…

  • Seizures revoked after bailiff error

    A relatively easy and relevant way to enforce evidence of infringement in France and in Belgium is to implement infringement seizures.

    Indeed, the main difference with other seizures that can be required in Europe, for instance in Germany, is that it is not necessary to exhibit strong or even any…