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Practice areas

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IP, IT and Market Practices


The IP-IT team of Janson is highly appreciated by clients for its resourcefulness, pragmatism and excellent knowledge of the subject.

Intellectual Property
The team advises and assist clients in drafting and negotiating IP-related agreements, including license agreements, research and development agreements (R&D), consortium agreements, merchandising and sponsoring agreements, non-disclosure agreements (NDAs), assignment of technology and intellectual property securities.

Our expertise in the field of litigation is also widely recognized. We assist companies in collecting evidence of infringements of their rights (unilateral proceedings), defend their interest in legal proceedings and help them to obtain corrective measures (recall and destruction of products, compensation for damages). The team is also highly experienced in arbitration. The partners of the department are regularly appointed as ICC arbitrators in CEPANI proceedings.

Lastly, the team is also consulted for audits and due diligence in intellectual property, e.g. in connection with an acquisition.

Information Technology
Our team has a valuable expertise in data protection matters. It help clients in their compliance processes and implementation of the GDPR.

We also assist our clients in drafting and negotiating various IT-related agreements (consultancy agreements, software development agreements and license agreements), and in litigation relating to such agreements.

We are also often consulted in media-related conflicts (right to reply, civil liability of journalists). 

Market Practices
We advise our clients on matters such as:
- Advertising regulations and protection of consumers
- Unfair market practices, unfair competition and passing off
- Regulations regarding marketing and promotional campaigns (e.g. lotteries and games of chance)

Our strengths:
  • Insight into our clients: Our experience has taught us that it is essential to understand the industries in which our clients operate. This is why we have a thorough knowledge of the different sectors (chemicals, petrochemicals, engineering, food industry, cosmetics, etc.) for which we have worked for more than 20 years.
  • Experts in our field: We are experts in the fields in which we are active. The partners of our department regularly publish on IP/IT. Some of them are consulted on a regular basis by the Belgian authorities in the drafting of new legislation in their areas of expertise.
  • Pragmatic approach: We advocate a commercial and pragmatic approach in all of the matters we deal with. It is our goal to find tailored solutions for our clients' problems. Wherever feasible we propose alternative solutions to legal proceedings (mediation, settlement agreements, joint ventures or licensing contracts).
  • Managing costs: We are fully aware that in the current economic climate, legal support constitutes a cost that needs to remain manageable. This is why we work at very competitive rates and strive to minimise costs for our clients.

Recent interventions


  • Assistance for a manufacturer of medical equipment in the enforcement of patents in proceedings against a Belgian research centre.
  • Assistance for a U.S. company and its Belgian subsidiary in a dispute across Belgium and France concerning a European patent. The case was won in France and was settled globally before a Belgian judgment could be delivered.
  • Representation of a U.S. biotech company in a patent dispute with the Belgian state before the Belgian courts and the Belgian Constitutional Court (concerning the question of whether or not the Belgian state can refuse the registration of a European Patent because translations are not submitted in time). The case was won before the Constitutional Court (decision 16 of January 2014).
  • Representation of a Japanese pharmaceutical company in a patent dispute (supplementary protection certificate) against a French company and a research institute (case pending).
  • Representation of a Belgian chemical company and its French branch in a patent dispute against a competitor in France. The case has been won before the Court of Appeal of Paris.
  • Representation of the European Space Agency in a trademark case before the Tribunal of the European Union (case pending).
  • Representation of a U.S. company in an important copyright case concerning the system behind the electronic identity card, involving the Belgian state and other companies (case pending).
  • Representation of one of the largest manufacturers of health, home and hygiene products in a conflict with its largest competitor, regarding the latter's advertising campaign. The case was settled before the judgment was handed down.
  • Representation of a multinational in the food industry in various proceedings concerning the commercialisation of look-alikes by retailers.
  • Assistance for a Belgian publisher (part of a multinational company) in its relations with the copyright holders on comics.

Our team


* s.c.r.l Janson Baugniet c.v.b.a. 


Contact

Brussels: + 32 2 675 30 30
Nivelles +32 67 21 79 95
Ghent: +32 9 240 77 20
Mons: +32 65 22 10 00
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