University of Louvain-La-Neuve (Lic. Jur., 2004); University of Valencia, Spain (Erasmus Exchange Programme, 2004); University of Brussels (Master in Intellectual Property, 2006).
French, English, Spanish and Dutch.
Part-time researcher/assistant at the information and communication law centre at the ULB law faculty.
On 30 July 2018 the Belgian legislature transposed the EU Trade Secrets Directive into domestic law via the Trade Secret Law. The Trade Secret Law is welcomed, as no general regulatory framework regarding trade secrets previously existed in Belgium. It remains to be seen how the law will be used and applied in practice, but it is an essential means in effectively appropriating, protecting and exploiting innovation by providing trade secret holders with the tools to protect valid trade secrets.
Merck Sharp & Dohme (MSD) recently sued PI Pharma before the Brussels Commercial Court for the parallel import and repackaging of one of MSD's medicinal products. MSD based its claim on the alleged violation of the first, third and fourth Bristol-Myers Squibb conditions. Although this is not the first time that the Brussels Commercial Court has been involved in a dispute over the parallel importation of medicinal products, the judgment further refines the scope of certain Bristol-Myers Squibb conditions.
EU Regulation 1383/2003 allows member states to use a simplified procedure to enable their customs authorities to destroy counterfeit goods without formal IP infringement proceedings. However, the regulation is unclear as to whether the rights holder must undertake any specific action to inform the declarant of its intention to use the simplified procedure. A Belgian court decision has provided welcome clarity on the matter.
Illegal downloading is making headlines in Belgium. Two legislative proposals have been submitted to the Federal Parliament, while two cases between the country's main collecting society and two online service providers are pending before the courts. The questions referred to the European Court of Justice in these cases illustrate the complexity of IP rights protection on the Internet.