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Of Counsel

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Bernard Vanbrabant is a member of the Commercial and Litigation Practice Group. He specializes in Intellectual Property law and has gained considerable experience regarding copyright, database rights, designs, patents, trade secrets, trade marks, trade names and domain names, without neglecting the connected fields of contract law, distribution law and (unfair) competition law. His practice is geared towards litigation, legal advice and the drafting and review of contracts. In addition to dealing with traditional opposition proceedings, counterfeit cases and seizures in matter of counterfeit, Bernard has gained experience in complex litigation before the supreme courts at Belgian, Benelux and EU levels.

Bernard is also Professor at the University of Liège (ULg), where he teaches intellectual property law to law and engineering sciences students (see http://progcours.ulg.ac.be/cocoon/en/enseignant/U016785.html).

He has authored many publications on (intellectual) property and contract law, with a particular focus on licensing agreements and the links between IP law and civil law (property and contracts).

Bernard holds a Master Degree and a PhD in Law (ULg 1998, ULg 2013). He also holds an LL.M. in Economic law (ULg 2002) and in Intellectual Property law (Intellectuele Rechten/Droits intellectuels), organised jointly by the University of Leuven and the University of Brussels (KUL – HUB-KAHO 2003).

Bernard is a member of the Brussels and Liège bar. He joined Liedekerke Wolters Waelbroeck Kirkpatrick as Of Counsel in 2014.

Recent matters

  • Litigating a copyright case concerning the (alleged) copying of a shop trade dress.

  • Organizing the seizure of several thousands of (hair) straightening irons on the basis of a European patent (ex parte proceedings and settlement negotiations).

  • Defending a Dutch sport clothes retailer accused of infringing a Belgian trade name by making its website available in Belgium for e-commerce operations.

  • Advising on the ownership of copyright in the design of works made for hire.

  • Advising a company from Singapore regarding the (re)negotiation of its patent and know-how licensing agreement with a German research centre.

  • Assisting, on a recurrent basis, a major consumer goods retailer with respect to IP-related matters in Belgium. This included in particular the representation of the client in cease-and-desist proceedings, claims for damages and discovery proceedings, as well as the negotiation and drafting of amicable settlements with the IP holders and the drafting and enforcement of “hold harmless” clauses in sourcing contracts.

  • Drafting and reviewing software licensing and/or software development agreements.

  • On a recurrent basis, providing information and legal advice about the intellectual property portfolio of M&A targets.

  • Assisting national and foreign companies in ADR and court proceedings concerning the abusive registration of domain names.

Profesional memberships

  • Licensing Executive Society
  • BMM (Benelux Society for trade mark and design law)

French, Dutch, English