Protecting innovation and distinctiveness through Intellectual Property (IP) is essential. But IP is not only a matter of protection and enforcement (litigation, customs measures, etc.), it is also an asset to be integrated within the business cycle (licensing, assignment, audit, tax advantages, finance and securities). Using IP rights also raises market regulations issues such as competition rules and the free circulation of goods and services.
Our work covers patents, trademarks, copyright, designs, know-how & trade secrets, geographical indications and plant varieties, as well as related fields such as food law, distributorship issues, competition rules, marketing rules and consumer protection (including personal data protection).
When disputes arise, we target flexible and viable solutions, whether via negotiation, mediation, arbitration or in court. Our partners offer their extensive and in-depth experience before all Belgian courts, the Benelux Court of Justice, the EU General Court and the EU Court of Justice. The team also assists the partner authorised to appear before the Belgian Supreme Court (Cour de cassation – Hof van cassatie) in IP matters. We regularly handle cross-border and multinational litigation, also in collaboration with the best independent firms located abroad.
Simont Braun’s IP team also assists clients in due diligence assignments and in the structuring, negotiation and completion of complex projects involving IP rights (R&D contracts, consortiums, supply agreements, licensing, joint ventures, distribution, etc.).
We advise clients in various sectors, including chemicals, pharmaceuticals, energy, electromechanical engineering, telecommunications, music, film, media, software, databases, luxury goods, food, retail, advertising and direct marketing.
Our practice has a strong international focus thanks to the language skills of our lawyers and the team’s active involvement in multiple international organisations and their scientific/academic work in the field of IP.
Paying the closest of attention to the commercial requirements and practical aspects is of central importance when handling projects or conflicts. At Simont Braun, this is combined with permanent internal and academic monitoring of legislative developments and case law. As and when required, we also work in close collaboration with our other departments, notably Corporate/M&A, Banking & Finance, Real Estate and Tax.