The refusal to grant a licence for intellectual property (IP) rights can sometimes conflict with competition law. This topic has already been explored in the case law of national courts and the Court of Justice of the European Union, most notably in the landmark case IMS Health (C418/01) of 29 April 2004. Such refusal has…
In Belgium, descriptive seizures (called “saisie-description” in Belgium) are long-standing ex parte procedures to collect evidence of infringement. When a Court grants a saisie request, the said authorisation can later be opposed by the seized party. The seized party can in particular argue that IP right invoked was not prima facie valid. By the time…
June 2023 has just passed, and the newly minted Unified Patent Court is of course still on everyone’s lips. But, of course, there are many reasons why the novel court system might not be the perfect fit for your next preliminary injunction: You just manage to submit your opt-out without the CMS crashing halfway through,…
