Last Updated March 08, 2019

Law and Practice

Contributed By Linklaters

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Linklaters is a leading international law firm, and has advised on significant deals in over 100 countries. In addition to serving clients from its 30 offices and via its alliance with Allens and Webber Wentzel, Linklaters’ lawyers have expertise in key jurisdictions across emerging Europe, the Middle East, Asia and Africa. In Belgium, Linklaters is recognised as a market-leading law firm, with a presence in the Belgian market dating from 1969 and with offices in both Brussels and Antwerp. Its wide offering of specialised practices, ranging from corporate and banking to IP/TMT and tax, means that the firm provides market-leading advice across the full spectrum of legal specialities.

See 2.2 Third-party Remedies to Remove Effects of Intellectual Property Right for the various defences that an (alleged) infringer may invoke. 

The main defences available are related to invoking the invalidity of the patent and claiming non-infringement. The alleged infringer may also invoke expiry of the patent, lack of entitlement to the relevant patent rights, the various exceptions discussed at 2.2 Third-party Remedies (private and non-commercial use, Bolar, exhaustion, prior personal use or possession), statute of limitations or abuse of rights. Alternatively, the alleged infringer may also invoke the so-called 'Gillette' defence (which may be of particular use in cease-and-desist proceedings), whereby the alleged infringer asserts that he or she merely applied the prior art existing at the application or priority date of the invoked patent, implying that the invention covered by the patent is not new or inventive (without, however, invoking the patent’s invalidity) or that the alleged act of infringement falls outside the scope of the patent.

Linklaters

13 Rue Brederode
Brussels
1000

+32 2 501 90 86

+32 2 501 91 14

pieter.van_den_broecke@linklaters.com www.linklaters.com
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Authors



Linklaters is a leading international law firm, and has advised on significant deals in over 100 countries. In addition to serving clients from its 30 offices and via its alliance with Allens and Webber Wentzel, Linklaters’ lawyers have expertise in key jurisdictions across emerging Europe, the Middle East, Asia and Africa. In Belgium, Linklaters is recognised as a market-leading law firm, with a presence in the Belgian market dating from 1969 and with offices in both Brussels and Antwerp. Its wide offering of specialised practices, ranging from corporate and banking to IP/TMT and tax, means that the firm provides market-leading advice across the full spectrum of legal specialities.

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