When are IP holders liable for enforcing an IP right?

When are IP holders liable for enforcing an IP right?
March 28, 2024 13:30

We are happy to invite you to our next IP Update on 28 March 2024 (13:30-14:30), where Sofie Thijssen and Kirian Claeyé will revisit when IP holders may be held liable for enforcing provisional measures based on their IP right.

This IP Update is the sequel of our IP Update of January 2023, where Kirian Claeyé, then with Christophe Ronse, discussed this topic in view of the CJEU’s judgment in Bayer v Gedeon Richter (C-688/17), and the Brussels Court of Appeal’s decision of 11 October 2022 in Mylan v Novartis. In the meanwhile, however, on 11 January 2024, the CJEU has now rendered its judgment in Mylan v Gilead (C-473/22) and the IP team therefore felt that it was time to revisit this topic.

In this session, Sofie and Kirian will zoom in on the CJEU’s latest decision, and discuss what impact it could have on your business, whether as an IP holder or as a potentially alleged infringer. They will answer the following questions from an EU and Belgian perspective:

1. When is an IP holder liable for enforcing a provisional injunction based on a later invalidated IP right?

2. And is the answer different if it concerns a first instance provisional injunction that is later overturned on appeal? 

This webinar will be in English and has been accredited with 1 point by the IBJ/IJE.

Register before 28/03/2024.

Your hosts

  • Kirian Claeyé


  • Sofie Thijssen