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European IP Litigation

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Crowell & Moring provides a full array of intellectual property litigation services to help companies obtain, manage, and enforce their IP rights whatever their commercial field. Our Brussels based IP lawyers offer a combination of skill and experience across the IP disciplines including patents, supplementary protection certificates, trademarks, designs, trade secrets and copyrights. With the backing of more than 100 IP lawyers in our U.S. offices, our IP practice is truly international in nature.

The firm’s “approach is very client focused and its team are outstanding strategic thinkers – a solid 10 out of 10.” IAM Patent 1000, 2021

Our litigation experience covers the full spectrum of IP disputes. We have particular experience in cross-border issues, and in designing and implementing strategies for both national and complex multi-jurisdictional IP disputes, particularly in Europe and the U.S. In Europe we represent clients at all levels of the civil and criminal court system, up to and including the Court of Justice of the European Union (CJEU), and we act before all relevant administrative bodies. We are also well known for our wide experience in arbitration.

“Those who instruct the Belgian arm of US-headquartered Crowell & Morning can tap into a wealth of international resources […] Its ‘rigorous and tenacious handling of disputes’ has earned it a sterling reputation in critical cross-border mandates and parallel import matters.” World Trademark Review 1000, 2021

Our lawyers provide counseling on all aspects of IP, including validity, enforcement, freedom-to-operate and infringement issues. We structure, negotiate, and implement IP transactions, including licensing and R&D agreements; we advise on IP portfolio management procedures and design proprietary information protection programs; and we offer training on IP protection, assist clients in establishing internal policing and enforcement policies, and conduct IP due diligence studies. In cooperation with our U.S.-based Crowell & Moring colleagues, we counsel clients on trade-related IP matters, focusing on antitrust, international trade, communications, labor and employment, health care, and corporate and government contracts. “Crowell & Moring has a genuine interest in understanding what matters and consequently making sure to execute with that in mind. Although they are very knowledgeable, not to say brilliant, at what they do, they remain very down to earth with no fuss and straightforward partners that only care about us achieving our goals in the most efficient manner.” Legal 500 EMEA, 2021

Our IP lawyers are regular contributors to handbooks, legal journals, and blogs, and they teach students and speak at conferences and seminars throughout Europe. The Brussels IP practice is one of the largest and strongest in Belgium.

Our Services and Experience

Patents and Supplementary Protection Certificates (SPC) Litigation

Highly regarded by clients and competitors alike, our patent practice deals with a wide range of matters and is best known for successfully handling complex, multi-jurisdictional litigation. Recent matters include several pharmaceutical molecules, amino acids, industrial machinery, medical devices, artificial sweeteners, bread spread, and gambling machines. In the life sciences sector, we have developed extensive experience in SPC litigation. Our experience as patent litigators in the life sciences industry has also led to our handling a variety of regulatory issues which often intersect with IP rights, including issues relating to market authorizations, pricing and reimbursement, parallel import and abuse of dominance.

"Crowell & Moring handles matters with creativity, perseverance and a no-nonsense approach which is why it is the go-to firm for generic pharmaceutical manufacturers." IAM Patent 1000, 2019

Trademarks and Designs

Our trademark and design practice provides strategic advice to trademark and design owners and assists them in the worldwide prosecution and enforcement of their portfolios. We litigate and represent clients in national courts as well as at the European Union Intellectual Property Office (EUIPO), and the Benelux Intellectual Property Office, in all matters relating to the validity and infringement of trademarks and designs.

“Coordinating cross-border matters and handling the worldwide enforcement of its clients’ portfolios are the key strengths of Crowell & Moring” World Trademark Review, 2020

Trade Secrets and Know-How

Crowell & Moring has substantial depth and experience litigating trade secret disputes, particularly disputes that have multi-jurisdictional dimensions. In addition, we assist our clients in developing the necessary policies and procedures to guide them through all facets of trade secret preservation and protection strategies, beginning with the initial genesis of an idea through to its development and commercialization.

“An appreciation of how best to protect know-how and prevent the misappropriation of trade secrets is a further strength.” IAM Patent 1000, 2015

Copyrights

We have a long-standing and highly-regarded copyrights practice, which is extremely active in content, software and database protection. We assist our clients in negotiating agreements of all types, ranging from simple license agreements with contractors or employees, through complex broadcasting agreements with film producers to cable re-transmission and digital television agreements with collecting societies and broadcasters. We also have substantial experience litigating copyright disputes, representing publishers, artists, producers, advertising agencies and distributors on all levels, up to and including the CJEU.

“Crowell & Moring is recommended for trade mark and copyright disputes. The key IP lawyers in the firm's IP department are Kristof Roox, Jan-Diederik Lindemans and Thomas De Meese.” Managing IP Magazine, IP Stars, 2020

Our Industry/Sector Focus

We represent many of the world’s leading technology companies as well as SMEs from diverse industry sectors.

Our clients have included large pharmaceutical companies, network operators and service providers, broadcasters, film and television producers and distributors, operators of broadband cable/telephony, internet and digital television operators, social network operators, online retailers, gambling software vendors and online and land-based bookmakers, postal services, cosmetics, luxury, fashion, and consumer goods, advertising agencies, architects, authors and performers, and financial institutions and insurance companies.