SIMONT BRAUN has established experience in the domain of intellectual property. Our Intellectual property team regularly acts in intricate litigation, whether for the plaintiff or defendant, in patent and know-how protection matters, Benelux and Community trademarks, designs, copyright, indications of origin, domain names, plant varieties as well as licensing and transfer agreements.
 
SIMONT BRAUN’s Intellectual Property team is composed of renowned specialists who have written numerous academic works. Many of the department’s lawyers have published highly regarded specialist works in this area. Others lawyers are involved in academic teaching. They contribute to the work of academic associations or government committees. Several have acted as experts in legal proceedings.
 
The lawyers in the Intellectual Property team possess particular expertise in relation to litigation. They act before courts at all levels, including the Court of Cassation, the Supreme Administrative Court, the Benelux Court and the European Court of Justice (notably for appeals against OHIM decisions). They assist clients in seizure matters and customs seizures and the fight against piracy.
 
Examples of major cases in the past few years include:
    • copyright: proceedings on illegal exchanges of protected files on P2P networks; proceedings on: technical measures to protect works; hyperlinks to unauthorized files; musical plagiarism; and the counterfeiting of a method to manage and evaluate investment funds in the financial sector
    • trademarks: appeals before the CFI against OHIM decisions on Community trademarks, development of strategies to protect a trademark at an international level, preliminary ruling applications before the European Court of Justice and the Benelux Court
    • patents: simultaneous seizure actions in several countries, defending a patent claim, dispute of a licence due to the limited impact of a patent, counterfeit and annulment of patents, additional certificates to protect SPC (territorial impact, licence and third-party situations, damages)
    • designs: copyright protection, protection by registration, impact of prior art on the validity of a claimed patent
    • domain names: numerous out-of-court disputes before the Wilo and EURid courts, intricate court litigation about registration of the “.eu” domain name
    • plant varieties: proceedings on counterfeiting of a communication certificate; completion of a licence contract network