News
Belgian Medicines Agency announces stricter monitoring of negative formulations on medicines packaging
On 17 May 2023, the Belgian Medicines Agency (FAMHP) announced that marketing authorisation holders (MAHs) have three years to comply with the prohibition of “negative formulations” on the packaging of medicinal products for human use.
WEBINAR VIDEO | Digital Law Series #20: Keeping up with GDPR
During this session, our data protection experts Jan Clinck and Pierre Antoine address different topics to keep you up to date with the recent GDPR developments!
CJEU interprets the concept of a global MA strictly
On 16 March 2023, in Joined Cases C‑438/21 P to C‑440/21 P, the Court of Justice of the European Union (CJEU) interpreted the concept of a ‘global marketing authorisation’. It held that Article 6(1) of Directive 2001/83 (the Community Code) sets out exhaustively the line extensions for which the marketing authorisations (MAs) will fall under the same global MA as the initial MA.
Language(s) before the UPC Belgian Local Division
This morning, on 30 May 2023, Belgium’s declaration regarding the language(s) of the proceedings before the Belgian Local Division was published in the Belgian State Gazette. We have inserted a link at the end of this blog to the relevant page of the Belgian State Gazette. Here are the key take-aways.
The Arbitrability of Distributorship Law Disputes in Belgium: a reversal of case law
On 7 April 2023, the Belgian Cour de Cassation reversed its long standing case law and decided that (from now on) disputes concerning the termination of exclusive distribution agreements are eligible to be settled by arbitration.
EU harmonizes THC limits in hemp seed (food) as from 1 January 2023 – Update Belgium
The EU regulator has harmonized the maximum levels for tetrahydrocannabinol (THC) in hemp seeds throughout the Union within the food contaminants framework.
The recent tax and social security reforms on copyright income: what employers need to know
Following an intense debate, the legislator introduced a new tax scheme applicable to copyright income. Main raison for this initiative is the assumed abuse of the until then beneficial tax regime. Under the amended tax rules, employees still qualify for the special tax scheme, but with a stricter legal framework.
Belgium confirms its adoption of the Framework Agreement on Cross-border Telework
Given the upcoming transition period expiry on 30 June 2023, the long-awaited Framework Agreement on Cross-border Telework was recently published.
EU passes sweeping due diligence rules on deforestation-free supply chains for products such as cocoa, coffee and soy
An EU Regulation on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation (“Deforestation Regulation”) was agreed upon by the EU legislators in December 2022. The European Parliament has now green-lighted the Provisional Agreement at this month’s plenary session.
The Belgian Competition Authority reimposes the same fine on Caudalie after its first decision was quashed by the Brussels Market Court
On 18 January 2023, the Belgian Competition Authority (“BCA”) reimposed a fine of EUR 859,310 on three undertakings of the Caudalie group for imposing retail prices and restricting active and passive sales.
WEBINAR VIDEO | IP license agreements: common pitfalls and key issues
In this webinar, Bart Bollen and Bregt Raus share with you the traps and mistakes that companies make when licensing their intellectual property.
IP license agreements: common pitfalls and key issues
Learn how to identify and address key issues in licensing agreements to avoid legal headaches!
WEBINAR VIDEO | The N°1, healthy, rich in learning webinar about claims
During this session, Mathieu Maniet, François Lambert and Karel Martens discuss the rules for No. 1 claims, cosmetic claims and health and nutrition claims, and give you an overview of the most important issues as well as practical guidelines.
Trademark protection in Web 3.0: Lessons from the Hermès vs. MetaBirkins case
On 8 February 2023, a New York jury delivered its long-awaited verdict in a case brought by the French luxury brand Hermès, against the artist Mason Rothschild.
WEBINAR VIDEO | Digital Law Series #19: Keeping up with GDPR
In this Digital Law Series, Gerrit Vandendriessche and Quentin Fontaine put the spotlight on GDPR and data protection developments.
The N°1, healthy, rich in learning webinar about claims
Is your product a No.1 seller? Good for your health or rich in fiber? Does it contain no parabens? Do you want to shout it loudly from the rooftops or at least on your packaging?
ALTIUS Digital Law Series #19: Keeping up with GDPR
ALTIUS’ data protection team puts the spotlight on recent GDPR and data protection developments during dedicated webinars. Don’t miss the opportunity to keep up with the most recent GDPR and data protection developments on 9 March from 12:30 to 13:30.
The reformed recognition procedure for dock workers… the end of a legal battle?
A new Royal Decree of 21 December 2022 substantially changes the recognition procedure for dock workers. This Royal Decree was issued in the aftermath of a long-standing legal battle initiated by two major players in the sector that challenged the very specific Belgian legislation on dock workers. Although the principle that dock work can only be carried out by recognised dock workers fully remains in place, the application process to become a recognised dock worker should now become (more) objective, non-discriminatory and transparent.
Abolition of the reorientation indemnity’s (partial) reimbursement: a (significant) additional cost for employers conducting a collective lay-off
Employees terminated in the frame of a collective lay-off may participate in a redeployment cell, which helps them to find new employment. Any participating employee is entitled to a monthly reorientation indemnity equal to his/her salary inclusive benefits during a period of 3 or 6 months. The employer pays the reorientation indemnity. Until very recently, an employer could obtain a reimbursement from the unemployment office (“RVA”/“Onem”) for the amount of the reorientation indemnity exceeding the statutory indemnity in lieu of notice.
New Mdeon rules applicable as from 1 January 2023
Mdeon, the legally recognised Belgian ethical platform for healthcare professionals and the pharmaceutical industry, announced several new ethics rules applying from 1 January 2023.
Brussels Court of Appeal rejects Carrefour’s request to suspend the Belgian Competition Authority’s decision authorising the concentration between Intermarché AB and Mestdagh, including Carrefour’s ‘gun-jumping’ argument
On 23 December 2022, the Brussels Court of Appeal (“Market Court”) rejected Carrefour Belgium’s application for the suspension of the Belgian Competition Authority’s (“BCA”) decision of 9 November 2022 authorising the concentration between Intermarché AB (“ITM”) and Mestdagh.
WEBINAR VIDEO | When are IP holders liable for enforcing a later invalidated IP right?
At this IP Update, our IP specialists, Christophe Ronse and Kirian Claeyé, discuss under what circumstances IP holders may be held liable for enforcing a later invalidated IP right.
The Belgian Competition Authority fines Novartis for abuse of collective dominance regarding eye disease medicines
On 23 January 2018, the European Court of Justice (“ECJ”) handed down its judgment (C-179/16) in relation to Novartis’ Lucentis® and Roche’s Avastin® eye disease medicines, and ruled that disseminating misleading information on the off-label use of a medicine could constitute a restriction of competition ‘by object’.
When are IP holders liable for enforcing a later invalidated IP right?
At this IP Update, our IP specialists, Christophe Ronse and Kirian Claeyé, will discuss under what circumstances IP holders may be held liable for enforcing a later invalidated IP right.