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 public transportation company in various proceedings regarding an alleged infringement of a patent for trams.
  • Assisting and representing a Belgian city government in a copyright dispute.
  • Assisting an international pharmaceuticals group in setting up an electronic platform for the exchange of health data for research purposes.
  • Assisting and representing a Flemish sports association in a copyright dispute regarding a publication containing a new training method.
  • Assisting and representing a Belgian distributor of tile products in proceedings regarding a trade mark infringement and various unfair competition infringements.
  • 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 in various proceedings in which decisions from the Office are being challenged.
  • Assisting and representing a Belgian company that designs innovative solutions for passive fire protection in international disputes regarding infringements of its European patent.
  • Preparing and negotiating an agreement for accession to an online interbank platform for bank switching purposes.
  • Assisting a real estate company in a dispute regarding the alleged infringement of an architect’s right to integrity (moral copyright).
  • Assisting an international manufacturer of tools for construction, gardening and industrial use in disputes with competitors regarding infringement of design rights and unfair competition.
  • Assisting an international producer of frozen potato products in trade mark disputes.
  • Assisting a Belgian manufacturer of aluminium accessories for commercial vehicles 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 an international group specialising in pest control in invalidity proceedings regarding a bad-faith trade mark registration and in a dispute regarding the infringement of its trade mark rights and unfair competition.
  • 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 migration of an online reservation system to the Cloud 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 license agreement regarding a bicycle-sharing system for a Belgian bicycle-sharing company.
  • Assisting the international developer of an online supermarket platform in drafting a licence agreement with a Belgian supermarket chain.
  • Advising a chemicals company regarding the protection of formulas.