Intellectual Property.

Strategic IT Procurement.

We provided strategic and competition law advice to a National Employment Office regarding the renewal of the agreement concerning the IT system that manages the payments to all unemployed persons in the EU Member State concerned.

In-app and In-session Purchases.

We have acted as part of a legal taskforce that had to assess all consumer protection and trade practices legislationapplying to the purchase of VOD subscriptions and ensuing in-app or in-session purchases. This also involved collaboration with design and marketing teams to come to a compliant ordering and purchase handling process.

State Aid for Broadcasters.

We were part of the lead team representing a major European broadcaster before the EU Court of First Instance (now General Court) in matters related to the financing of public service broadcasters.

Publishing and Audiovisual Production Contracts.

We have advised a publishing house on the scope of its exploitation contracts with authors and illustrators and the contractual ability to make derivative works and audiovisual productions of the initial works.

Writing E-commerce Legislation.

We advised a Eurasian Nation on the implementation of the e-commerce Directive into national law, in particular the rules on liability for ISPs. This included the actual drafting of the proposed implementation bill, including provisions on liability for copyright violations.

Government-owned IP.

We successfully defended a website owner against the Flemish Government on alleged grounds of trademark and copyright infringement, relating both to the content of the website and to the alleged unlawful registration of a domain name.

ISP Liability and Surveillance Measures.

Members of our team have been involved in ISP liability litigation, representing Belgian ISPs on various instances against copyright societies and individual rights holders. We have for instance successfully led the defense in court of an ISP qualifying as hosting provider against a request for takedown and staydown measure that was akin to a general monitoring obligation. We have also been involved in the Belgian court proceedings brought by a copyright society against an ISP qualifying as mere conduit provider applying for the implementation of filtering and surveillance software, which ultimately led to a successful preliminary ruling of the European Court of Justice.

Embedded Contract Negotiation Support.

We have successfully assisted commercial teams in negotiating and drafting frame agreements as well individual purchase agreements and change orders on NATO and NATO Nation level.

Sole Source Support.

We have advised Defense, Aerospace, Government and Mobility software vendors on justification grounds and contract wording to qualify for sole source contract awards.

Contract Award Challenges.

We have successfully brought informal and formal challenges to sole source contract awards to competitors resulting in retendering and/or rescoping of the contracts concerned. This involved representing the complainant in discussions and settlement meetings with the contracting authority.

National Public Safety Procurement.

We have assisted a major US Systems Integrator in bidding on a procurement program, and negotiating the ensuing contract, for the delivery of fregate ships to a European NATO Nation.

Systems Integrator Business.

We have successfully negotiated licensing terms, IRAD and shared IP agreements on behalf of Belgium-based software companies with various major European and US Systems Integrators.

Integrating FOSS in COTS Software.

We have audited the use of FOSS software within a commercially available SDK and have advised on adapting licensing terms and conditions as well as documentation to ensure full FOSS compliance without unduly burdening licensor and licensee commercial operations.

NATO Contracts.

We have successfully assisted commercial teams in negotiating and drafting frame agreements as well individual purchase agreements and change orders on NATO and NATO Nation level.

Copyright is in the House.

We have advised designers and architects on the principle and scope of protection under copyright, models and patents of various architectural designs and plans, in particular tiny houses and container houses.

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