The right to data portability and bank account information
In evolving to a Single Digital Market, the use of consumer data becomes more and more important for service providers. With regard to financial institutions, exploiting payment data is of particular interest, not only to reduce costs and improve product quality, but also to offer new and innovative financial services and, in general, an increased […]
When a payment service provider must provide information on a “durable medium”… Is an electronic emailbox enough?
BAWAG PSK Bank für Arbeit und Wirtschaft und Österreichische Postsparkasse AG (‘BAWAG’) is a bank operating in Austria. It offers contracts for internet e-banking to its customers. One of the provisions in the general terms in such e-banking contracts grants BAWAG the right to communicate ‘notices of changes’ to the customer through the internal mailbox […]
Modest changes to the Belgian Arbitration Act
With effect as of January 1st, 2017, the Act of 25 December 2016 (known as the “Pot-Pourri IV Act”) amended among other things certain provisions of Part Six (i.e. articles 1676 to 1723) of the Belgian Judicial Code. This Part Six contains the provisions on arbitration (the so-called “Belgian Arbitration Act” or “BAA”). The amendments […]
Curing rules on parallel import of pharmaceuticals?
On 7 November 2016 the Belgian Supreme Court (Cour de cassation – Hof van cassatie) gave judgment in two cases regarding the repackaging of pharmaceuticals, wherein it ruled in favour of the parallel importer with respect to the exhaustion of trademark rights principle. Simont Braun represented with success the defendant in these two cases. Just three […]
Finally: publication of the Belgian Crowdfunding Law
The new Belgian law on crowdfunding platforms of 18 December has been published in the Belgian Official Journal. Key features include: Alternative Finance Service: The introduction of a new type of financial service in the Belgian regulatory landscape. The service consists of commercializing, through an internet platform, investment instruments issued by entrepreneurs looking to attract […]
Le droit bancaire et le défi de la finance numérique
The contribution of Catherine Houssa, Partner and member of Simont Braun’s Digital Finance Team, on European Banking law and the challenges presented by the digitalisation of the finance industry, has been published in the Liber Amicorum of professor Blanche Sousi. The full text is available (in French only) here.
European patents – Late filing of a translation in Belgium: new special restoration procedure with retroactive effect
In a previous article, we commented on the special restoration procedure that was instituted by the Belgian legislator in favour of European patent holders that had forfeited their rights because the translation of their patent was filed too late with the Belgian IP Office (OPRI). Amongst other things, we noted in our previous news that […]
Validation of European patents in Belgium: filing of a translation no longer required as from 2017
From the 1st of January 2017 onwards, the filing of a translation with the Belgian Intellectual Property Office will not be required any longer in Belgium for European patents delivered in English. This new regime will only be applicable to European patents of which the mention of the grant or the maintenance, in amended or […]
Introduction in Belgian law of a new copyright exception: “The Panorama Exception”
In Belgium, as well as in France, many strived for years in order to introduce a new copyright exception, which would allow the reproduction and communication to the public of works which are permanently situated in public places (the so-called « panorama exception »). Next to France, Luxemburg, Italy and Greece, Belgium was one of […]
The payment of royalties in case of annulment or non-infringement of the patent
In the court decision of 7 July 2016 (C-567/14, Genentech) the Court of Justice of the European Union reaffirmed the solution as presented by the Court in its decision of 12 May 1989 (C-567/14, Ottung): the prohibition on anti-competitive agreements (article 101, §1 TFEU) does not affect the contractual obligation of a fee for the […]
The new size criteria applicable to companies
The Belgian law of 18 December 2015 and the Royal Decree of 18 December 2015 implement Directive 2013/34/EU of the European Parliament and of the Council dated 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of […]
MAR Regulation
ENTRY INTO FORCE, ON 3 JULY 2016, OF THE NEW ADMINISTRATIVE REGIME ON MARKET ABUSE MAR REGULATION In June 2014, Regulation 596/2014 on market abuse (the so-called MAR Regulation, hereinafter the “Regulation”) and Directive 2014/57/EU on criminal sanctions for market abuse (hereinafter the “Directive”) were published in the Official Journal of the European Union. The Regulation […]