Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
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In the context of the European Observatory on Counterfeiting and Piracy, the private sector members called for the establishment of a professional and technical group of legal practitioners, to horizontally assess intellectual property rights legal framework. The Commission welcomed this and on 22 October 2009 an inaugural meeting of the Observatory's sub-group on the legal framework took place. The group is mainly composed of legal practitioners from different Member States, suggested by the industries represented in the Observatory.
- ALTIUS (in cooperation with Tiberghien)
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In the context of the European Observatory on Counterfeiting and Piracy, the private sector members called for the establishment of a professional and technical group of legal practitioners, to horizontally assess intellectual property rights legal framework. The Commission welcomed this and on 22 October 2009 an inaugural meeting of the Observatory's sub-group on the legal framework took place. The group is mainly composed of legal practitioners from different Member States, suggested by the industries represented in the Observatory.
- ALTIUS (in cooperation with Tiberghien)
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On February 25 2010 the Supreme Court made the first-ever reference for a preliminary ruling to the Court of Justice of the European Union on the exhaustion of Community plant variety rights under EU Regulation 2100/94.(1)
- ALTIUS (in cooperation with Tiberghien)
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On April 6 2010 the legislature approved the replacement for the Trade Practices Act, now named the Act on Market Practices and Consumer Protection. It has two main objectives.
- ALTIUS (in cooperation with Tiberghien)
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What are the legal sources that set out the antitrust law applicable to vertical restraints? The main sources of law applicable to vertical restraints in Belgium are two Acts of 10 June 2006 on the protection of economic competition and on the establishment of a Competition Council, as coordinated by the Royal Decree of 15 September 2006 (‘the Competition Act’).
- ALTIUS (in cooperation with Tiberghien)
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European Regulation (EC) no. 810/2009 of 13 July 2009, establishing a Community code on visas, entered into force on 5 April 2010.
- Claeys & Engels, member of Ius Laboris
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On 18 March 2010, the Senate approved the new Corporate Governance Act, which had already been approved by the Chamber of Deputies. The new Act will be published in the Belgian State Gazette soon.
- ALTIUS (in cooperation with Tiberghien)
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The Belgian Supreme Court has ruled that circumstances which were not reasonably foreseeable at the time of the conclusion of an agreement and which increase the burden of the agreement disproportionately, can, in certain circumstances, be considered as “an impediment” in the sense of Article 79 of the United Nations Convention on Contracs for the International Sale of Goods, signed in Vienna on 11 April 1980 (the “CISG”).
- ALTIUS (in cooperation with Tiberghien)
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Under the system of plant breeders rights, also known as plant variety rights, the breeder of a new variety can obtain an exclusive right to perform certain acts with respect to material [1] of his protected variety. This exclusive right comes in the form of a certificate which is granted by a body mandated to do so,[2] provided that the variety meets the grant criteria laid down in the law. Upon grant of the certificate, and sometimes ever even before, only the breeder of the protected variety[3] is entitled to (re)produce material from the variety, condition it for the purpose of propagation, offer it for sale, sell it or otherwise put it to market, export it, import it, or stock it for any of these purposes. Subject to a number of exceptions and unless authorization from the breeder is obtained, these acts are thus reserved for the breeder of the protected variety. They are referred to as the ‘reserved acts’.
- ALTIUS (in cooperation with Tiberghien)
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La transposition en droit belge, courant 2007, de la Directive européenne 2004/48 sur la mise en œuvre des droits de propriété intellectuelle offrit l'occasion au législateur de revoir et d'harmoniser les procédures relatives au contentieux de la propriété intellectuelle. Deux ans après son entée en vigueur, il est possible de dresser un premier bilan de la réforme. Assurément positif.
- ALTIUS (in cooperation with Tiberghien)