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Belgium: At-a-glance: L'Office belge de la propriété intellectuelle (ORPI) SPF Économie, PME, Classes moyennes et Énergie, North Gate III Boulevard du Roi Albert II, 16 B-1000 Bruxelles Tel: +32 2 277 9011, Tel: +32 2 206 4111 Email: emmanuel.pieters@economie.fgov.be Website:... [more]

Benelux: At-a-glance:
Trade mark office contact details
Benelux Trademarks Office, Bordewijklaan 15, NL-2591 XR Den Haag, Nederlands
Tel: +31 (0)70 349 11 11
Fax: +31 (0)70-347 57 08
Website: www.bmb-bbm.org

Although Belgium will never compare with Germany or the Netherlands when it comes to litigation, the country is an attractive destination for first instance proceedings. In fact, in the past five years the patent landscape has improved considerably and while the Belgian courts are not as proactive as the Dutch courts, there is a trend of swift delivery. For example, in a case that involved Hoyng Monegier and Crowell & Moring, the Danish international pharmaceutical company Lundbeck was able to block the generic entry of its escitalopram products very quickly and obtained a total reversal of the first instance judgment within a year. "Appeal cases are becoming more important," one partner says. "Judges are more interested and they go about cases quicker and with more professionalism."

There is a strong assumption of patent validity in Belgium and in the descriptive seizure the country has a powerful tool against alleged IP infringers, where a request by one party only requires proof that the IP right exists and that there is an appearance of infringement. In general, pharmaceuticals are still the most important field for patent litigation but there has also been some interest in the electronics sector.

Trade mark litigation has remained steady and also benefits from the healthy reputation that the Belgian courts enjoy. Nevertheless, the financial crisis means that some companies have lost their appetite for litigation. "Cost-driven clients are more prone to settling and agreeing rather than litigation," one practitioner says. One interesting case involving trade mark infringement and unfair competition saw an action filed by Lego against the packaging of TKS's Ice-Watch, which can be stacked like Lego. The case concerned the 3D trade marks of the well-known brick.

Digital media is of increasing importance in Belgium and after the preliminary ruling of the Court of Justice of the European Union (CJEU), the case of the copyright society Sabam against internet service provider (ISP) Scarlet continues. The case concerns the scope of measures available against ISPs to protect the music industry.