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 and cancellation 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 handles 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 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 regarding the use of images of the riders.
• Assisting an event venue in disputes against competitors who use trade marks and signs confusingly similar to the trade marks and trade names of the event centre.
• Representing a bailiff’s office in two proceedings regarding alleged infringement of the database and software copyright of its former software provider.
• Advising and assisting a boat software company in defending a claim by a competitor alleging infringement of its patent rights by a wireless control and parking system for boats developed by the software company.
• Advising and assisting a supplier of food supplements in a dispute regarding a claim for (alleged) infringement of a competitor’s patent rights.
• Advising and assisting a chemical company in a dispute regarding the co-ownership and exploitation of a patent.
• Advising and assisting a chocolate producer regarding a marketing campaign protesting against slavery and child labour in cacao production.
• Assisting and advising a producer and distributor of luggage carriers in a dispute regarding alleged infringement of several trade marks of a well-known car brand.
• Assisting and representing a non-profit organisation in a dispute regarding several copyright infringements of its website (texts, symbols, layout and photographs).
• Assisting a specialist developer of 3D X-ray equipment for inspecting critical mechanical parts in drafting the template licence and maintenance agreements for the developed technology, including service level agreements, and in preparing template sales and purchase agreements for the developed technology.
• Assisting a joint venture of European banks with the drafting and negotiation of an IT sourcing agreement for a new form of payment.
• Assistance of a painter’s heir in a dispute regarding the authenticity of a painting within the painter’s oeuvre.
• Assisting and representing a manufacturer of pet accessories and care products in a dispute over a competitor’s infringement of the manufacturer’s copyright and design rights.
• Assistance and negotiation of a licence agreement concerning a medical database for the purpose of exploitation of this medical database abroad.
• Assisting a carpet tile manufacturer in a dispute over a claim of (alleged) infringement of a competitor’s patent rights.
• Assistance in litigation before the Constitutional Court regarding the transposition of Directive 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market.
• Assistance to a manufacturer of vehicle accessories in a dispute over badmouthing by a competitor.
• Assistance to a clothing manufacturer in a dispute with a competitor regarding (alleged) copyright infringement and fair market practices.