Joris Deene
A company enters into a renting agreement for a software package, becomes dissatisfied with its operation and wants to get out from under the contract by arguing that it is in reality a mere software license. May the...
When is a similar process not a patent infringement?
Anyone who markets a similar invention to a patented one does not automatically escape patent infringement. But neither is strong similarity sufficient to establish infringement - even through the...
Should a residential care centre pay royalties for TV signal in residents' rooms?
More and more nursing homes, assisted living facilities and nursing homes are capturing radio and television signals with their own satellite antennas and relaying that signal to their residents' rooms via an internal cable network....
Does deactivating an ex-employee's mailbox suffice?
No. A deactivated mailbox that continues to exist on the employer's servers is not sufficient to comply with the General Data Protection Regulation (AVG/GDPR) - the mailbox must be effectively deleted. The...
May online platforms be required to negotiate compensation with press publishers?
The answer is a nuanced yes: a member state may require online platforms to negotiate with press publishers, require them to provide information and give a regulator the power to impose a fair...
What GDPR obligations does a lawyer have to his clients?
The Data Protection Authority on May 8, 2026, in its decision No. 99/2026, sentenced a law firm to a total fine of €4,920 for two violations of the General Regulation...
May a social inspector confiscate and read your smartphone?
Smartphones are increasingly being scrutinized during an inspection by the NSSO, the NEO or the Social Laws Supervision. On those devices are wage data, schedules and communications with employees - but...
Should the market permit already be there at the time of the SPC export notification?
In late 2024, the Dutch-speaking enterprise court in Brussels already ruled that a biosimilar producer's prior notification under the ABC export exemption did not immediately identify the specific export countries...
Are you allowed to warn your clients about a company you do not want to work with?
A company that no longer wants to cooperate with a business partner can notify its customers - but how it does so makes all the legal difference. The Antwerp Court of Appeals ruled in a...
Can a bank double register a defaulter with the National Bank?
A defaulter can be registered in two different National Bank of Belgium databases, and this double registration is permissible. However, the bank must specifically inform the customer about each registration...
When does a modified product infringe a patent?
In a ruling on Dec. 8, 2025, the Brussels Court of Appeal ruled that the displays Thinkerbell sold for Corona and Jupiler did not infringe Pozo Negro Beheer's patent EP 3 205 240. A...
GDPR cooperation obligation: does missing mail from the DPA lead to a fine?
The duty to cooperate (Article 31 General Data Protection Regulation - AVG/GDPR) requires every data controller to actively cooperate with the Data Protection Authority. The Dispute Resolution Chamber ...
What to do when a competitor slavishly copies your product but your trademark and copyright fail?
When a competitor markets a cheap copy of your product, the first reflex is usually to invoke trademark or copyright law. But what if your trademarks are not registered for the specific...
Can a Belgian farmer sue a multinational for climate damage?
Increasingly, large energy companies are being held legally accountable for their part in climate change. But can an individual citizen, such as a farmer who suffers crop damage from extreme weather...
May a physician publicly speak out against health policy?
Doctors, like any other citizen, are entitled to freedom of expression, but they are subject to specific deontological limits. Two Supreme Court rulings of April 3, 2026 (D.25.0015.F and D.24...
Does your design or copyright always protect you from competitors with a similar product?
Even if you hold a valid registered design or copyright, this does not automatically mean that you can exclude every similar competitor from the market. The Brussels Court of Appeals ruled in a...
To whom should you appeal against a decision by the Data Protection Authority?
When you want to challenge a decision of the Data Protection Authority (GBA), you must always direct your appeal against the GBA itself. An appeal directed solely against the original complainant will...
Can you still use your own family name as a trade name after the transfer of your business?
When you transfer your trade business, as a rule the trade name is also transferred to safeguard the value of the clientele. This principle invariably applies even when the trade name in question is completely or...
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