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Belgium: At-a-glance: Office de la Propriété Intellectuelle North Gate III, Bd du Roi Albert II, 16, 1000 Bruxelles, Belgium Tel: +32 2 206 41 56 Website:  www.mineco.fgov.be  Benelux: At-a-glance: Trade mark office contact details Benelux... [more]

In 2010 the IP sector continued to develop quickly and practitioners were keen to highlight two key motors: the growing biotech industry and improvements in the IP courts and legal system. On the latter, Belgium has worked hard to position itself as one of the more attractive European countries for IP litigation. Injunctions are getting speedier, especially with cease and desist actions (which can achieve an injunction in three months, say practitioners), and judges are increasingly able to handle technical cases without referring to outside experts.

"Inspec, Alere, Tunal – these were all decisions reached quickly with no experts appointed – it has reduced the time by half, which is very good for the market for smaller cases and means we can also involve younger lawyers," says a partner. Comments another: "For the moment we have the fastest litigation system – you can get a judgement in 4-6 months through the fast track system. It is hard and you need very specialised people; it is unique."

The biotech sector accounts for about 50% of patent litigation, according to one lawyer: "Important patents are coming to an end now and generic companies want to introduce their copies into the market, while originators are doing everything possible to extend their patents. Even one month can mean hundreds of millions of euros in this area." Advances in the biotech industry have included the tax deduction patent scheme, which partly encouraged Johnson & Johnson to extend its activities in Belgium, and the government's active support of innovative biotech companies.

"Belgium is one of the only countries in Europe that has been losing its manufacturing base recently and so it is investing heavily in R&D," says a lawyer, adding "the government is very friendly and entrepreneurial in this area and there is a very low levy on royalty income".