Intellectual property

The IP team has extensive expertise in all areas of intellectual property law, ranging from trade mark, trade name and domain name matters to copyright and database rights and patent and design rights.

Our team advises you regarding the best strategy to defend your intellectual property rights and potential infringement risks. Our advisory work includes pragmatic, hands-on advice that can be directly used at management level.

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Your contacts in Intellectual property

The firm's intellectual property team has a strong reputation in IP litigation. Our team will fight to enforce your intellectual property rights or to defend you against actions of right holders. Eubelius litigates before all competent courts in Belgium and handles cases before the General Court and the EU Court of Justice. The IP practice also assists clients in trade mark opposition proceedings before the EU Intellectual Property Office and the Benelux Office for Intellectual Property. The team has considerable experience with the specific national proceedings of descriptive seizures ("saisie-contrefaçon" / "beslag inzake namaak") and injunction proceedings ("stakingsvordering" / "action en cessation").

On an everyday basis, Eubelius drafts and reviews contracts which involve intellectual property aspects: licences, assignment agreements, coexistence agreements, employee agreements, development agreements, settlement agreements, distribution and franchising agreements, etc. Eubelius is your partner for negotiating these contracts.

The IP team can also assist your company in checking and resolving all intellectual property issues that may arise in the context of corporate transactions. The team regularly performs IP legal due diligence operations and works in close cooperation with the Eubelius M&A specialists in order to resolve IP questions that come up in transactions.

Some of our references

  • Assisting and representing a postal operator in injunction proceedings regarding a trade mark and copyright infringement.
  • Assisting and representing a renowned singer-songwriter and his management in several proceedings to enforce his copyright protection and related rights, including counterfeit seizure proceedings and injunction proceedings.

  • Assisting an international non-profit organisation in drafting and negotiating a public procurement contract regarding the development and implementation of a software platform and database to collect, classify and update data relating to upcoming pharmaceutical products. 

  • Assisting a bank consortium in drafting and negotiating contracts for the set-up and maintenance of an ATM network.

  • Assisting and representing a public transportation company in various proceedings regarding an alleged infringement of a patent on trams.
  • Assisting and representing a Belgian city government in a copyright dispute.
  • Representing and assisting a provider of handling equipment in a trade mark dispute following the termination of an exclusive distributor agreement, in particular by representing the provider in arbitration proceedings.
  • Assisting and representing a Belgian distributor of tile products in proceedings regarding various infringements of the prohibition on unfair competition.
  • Assisting and representing a Belgian company in trade mark proceedings regarding the alleged infringement of a three-dimensional (packaging) trade mark.
  • Assisting and representing the Belgian Intellectual Property Office, responsible for applications for Belgian patents and the validation of European patents, in various court proceedings regarding the re-establishment of lapsed patent rights.
  • Assisting and representing a Belgian company that designs innovative solutions for passive fire protection in international disputes regarding infringements of its European patent.
  • Assisting and representing a Belgian financial supervisory authority in objecting to the (provisional) refusal of the registration of a Benelux trade mark before the Benelux Office for Intellectual Property.
  • Assisting a producer of frozen potato products in various intellectual property matters and licensing agreements.
  • Assisting an international manufacturer of tools for construction, gardening and industrial use in disputes with competitors regarding an infringement of design rights and the prohibition on unfair competition.
  • Assisting a Belgian manufacturer of aluminium accessories in a dispute regarding the alleged infringement of word and figurative trade marks and in a dispute regarding the infringement of a patent for roof transportation accessories.
  • Assisting and representing a Belgian collective management organisation in the copyright sector in various proceedings (including before the EU Court of Justice) regarding the compatibility of Belgian copyright law with a European directive.
  • Drafting and negotiating agreements for the development and implementation of software for electronic patient records.
  • Drafting and negotiating research and development cooperation agreements for a non-profit organisation.
  • Drafting and negotiating an R&D cooperation agreement between a Belgian biotech company and an international chemicals group.
  • Drafting, assisting with and negotiating several agreements regarding the cloud migration of an online reservation system for an international travel group.
  • Advising a Belgian autonomous public company regarding the development, licensing and implementation of air traffic management software.
  • Assisting and negotiating a licence agreement regarding a bicycle-sharing system for a Belgian bicycle-sharing company.
  • Assisting and representing a World Tour cycling team in disputes and contracts regarding the use of images of the riders.