Intellectual property (IP), IT and privacy

Intellectual property rights (IP) protect ‘creations of the mind’ and grant exclusive rights to the holder. This means that the holder can object to any breach of their exclusive rights.

Practical examples include: Can Adidas object to the use of two or four stripes by a third party, based on its three-stripe trademark? How can I get counterfeit goods taken off the market as quickly as possible? What is the liability of Internet intermediaries in relation to copyright infringement? In what circumstances is parallel importing allowed? What exactly is a trade secret, and when does it deserve protection? Can I enter a competitor’s premises to gather evidence of copyright infringement and seize any infringing products?

As well taking cases before the Belgian courts, HBSV represents clients dealing with administrative entities such as the Benelux Office for Intellectual Property (BOIP) and the European Union Intellectual Property Office (EUIPO). We represent such clients all the way to the Court of Justice in Luxembourg if necessary. Given that many disputes are cross-border in nature, we also regularly support Belgian clients in international jurisdictions. In such cases, we can draw on an international network of reliable colleagues. Conversely, we also act for foreign clients in Belgium.

Many contracts contain clauses about IP. These can include distribution, agency and franchising agreements, licences, R&D agreements, publishing contracts, IT contracts, data processing agreements and more. We can provide assistance both with preparing these agreements and when disputes arise concerning the agreements’ termination.

In principle, every business sector has to deal with IP, but creative and innovative sectors have more to do with it than most: fashion and design, food and beverage, FMCG, media, entertainment, life sciences, sport, ICT & the Internet, and so on.

• Trademarks
• Trade names
• Domain names
• Copyright (including digital)
• Models
• Slavish imitation
• Patents
• Trade secrets and know-how
• Plant variety rights
• Databases
• IT
• Internet
• Media
• Data protection
• Portrait rights 
• Unfair competition 
• Parallel importing 
• Anton Piller orders 
• Look-alike products 
• Advertising 
• Internet intermediaries