A ruling by the Court of Justice of the European Union (CJEU) on Oct. 4, 2024 (C-633/22) sheds new light on the delicate balance between the free press and the protection of reputation within Europe. The case ...
Can you extend an expired patent through trademark law?
In a judgment dated June 19, 2025, the Court of Justice of the European Union (CJEU) tightened the limits for registering a trademark when it is suspected that this is done in order to protect an expired patent...
Will you lose your trademark rights by sitting still against an unregistered sign?
A competitor has been using a sign very similar to your registered trademark for years, but you have never acted against it. Has this inaction then caused you to lose your rights? A ruling by the Court of Justice of...
Is the Nespresso capsule protected as a shape mark?
A daily act for millions of Belgians: insert a coffee capsule into a machine and enjoy a fresh espresso. Nespresso's iconic, bell-shaped capsule is recognizable the world over. But can the shape...
Is a website and social media enough to protect your trade name in Belgium?
A strong trade name is a valuable asset for any business. It is the name under which you trade and become known to your customers. In Belgium, the protection of a trade name does not arise through a...
When can a trademark owner take action against a trademark application even after 5 years?
In principle, a trademark owner who has tolerated the use of a conflicting, younger mark for years loses the right to invoke the invalidity of that mark after five years. This principle, known as...
May intelligence agencies look into the population data of military personnel?
In a judgment dated July 17, 2025, the Constitutional Court dismissed the action for annulment brought by the General Central Military Staff and several individual military personnel. The case ...
Who is the producer of a music recording?
Imagine this: you are a musician or DJ and discover years later that one of your old recordings has been sampled in a well-known song. You believe you are entitled to compensation for the use of that particular recording....
Renting or licensing of software?
As a business owner, you enter into contracts on a daily basis. Often these are standard contracts presented to you by a supplier or financing partner. A common construction is the "renting" ...
Can a school be fined for violating the GDPR?
A school wanting to measure the well-being of its students through a digital survey, a concerned parent sounding the alarm about privacy, and a legal joust that culminates in an important question for the...
Is the use of AI by banks in the fight against money laundering a blessing or a curse for the bank customer?
The fight against money laundering and terrorist financing has gained momentum in recent years. Financial institutions, such as banks, play a crucial role in this as "gatekeepers" of our financial...
Could Russia give excessive fines to Google?
In an important ruling on July 8, 2025, the European Court of Human Rights (ECHR) ruled in the case of Google LLC and others v. Russia. The Court unanimously found that the Russian authorities had violated the...
Unlawful evidence and online liability: what are the IT law lessons from the Shield & Friends case?
The judgment of the Ghent Court of Appeals in the Schild & Friends case, delivered on June 20, 2025, constitutes a particularly readable case for anyone dealing with IT law. As...
Can a secretly recorded phone call serve as evidence in a lawsuit?
In the digital age, a telephone conversation is quickly recorded. But may you also use that recording as evidence in a civil action, such as to prove a contractual default by the other party....
Uber driver: self-employed or employee?
The status of Uber drivers has been a source of legal debate in Belgium and abroad for years. A recent ruling by the Brussels Labor Court on June 13, 2025 sheds new light on the matter. In this...
May a consultant take personal data to a competitor?
In modern soccer, data has become all-important. From player performance to injury susceptibility - everything is measured, analyzed and used to gain competitive advantages. But what happens ...
Dismissal for cause? Fear of disappearance of evidence? How can a former employee access his mailbox?
A dismissal for cause is a drastic event for any employee. In addition to the immediate termination of employment and loss of income, you are often faced with severe...
MiCAR and PSD2: single authorization or dual authorization for EMT services?
On June 10, 2025, the European Banking Authority (EBA) published a long-awaited "No Action Letter" that finally brings clarity to one of the most complex legal issues in crypto...





