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Notice Of Infringement

Notice Of Infringement Template for Belgium

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Key Requirements PROMPT example:

Notice Of Infringement

"I need a Notice of Infringement under Belgian law to address an online retailer who is selling counterfeit versions of my company's trademarked luxury handbags on their e-commerce platform, demanding immediate removal of all infringing products and compensation for damages."

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Document background
The Notice of Infringement is a crucial legal instrument in Belgian intellectual property enforcement, serving as a formal communication between rights holders and alleged infringers. This document is typically used when a rights holder discovers unauthorized use of their intellectual property and wishes to demand immediate cessation of the infringing activities before pursuing litigation. The notice must comply with Belgian legal requirements, including the Belgian Code of Economic Law and relevant EU directives, particularly regarding the format of legal notifications and evidence requirements. A properly drafted Notice of Infringement should include detailed information about the intellectual property rights being infringed, specific instances of infringement, clear demands for action, and potential consequences of non-compliance. It often serves as a key document in establishing the timeline of enforcement actions and demonstrating good faith attempts at resolution before pursuing court proceedings.
Suggested Sections

1. Sender Details: Full legal name, address, and contact information of the rights holder or their legal representative

2. Recipient Details: Full name and address of the alleged infringer

3. Date: Date of the notice

4. Subject Line: Clear indication that this is a Notice of Infringement with reference number if applicable

5. Intellectual Property Rights: Detailed description of the intellectual property rights being infringed, including registration numbers, dates, and jurisdictions where applicable

6. Description of Infringement: Specific details of how the intellectual property is being infringed, including dates, locations, and specific instances

7. Evidence: Reference to specific evidence of infringement (with details provided in attachments)

8. Legal Basis: Citation of relevant laws and legal grounds for the complaint

9. Demands: Clear statement of actions required from the recipient, including deadlines

10. Consequences: Statement of potential legal actions if demands are not met

11. Closing: Formal closing including signature block and contact information for response

Optional Sections

1. Previous Communications: Reference to any previous attempts to resolve the matter, used when there has been prior correspondence

2. Reservation of Rights: Statement reserving all legal rights and remedies, particularly useful in complex cases

3. Good Faith Statement: Declaration that the notice is made in good faith, particularly important for digital/online infringements

4. Settlement Terms: Proposed terms for settlement, included when the rights holder wishes to offer immediate resolution options

5. Undertaking: Draft undertaking for the recipient to sign, included when seeking formal written commitments

Suggested Schedules

1. Evidence Pack: Photographs, screenshots, or other documentary evidence of the infringement

2. IP Rights Documentation: Copies of relevant intellectual property registrations, certificates, or other proof of ownership

3. Timeline of Infringement: Chronological list of infringing activities and any relevant communications

4. Draft Undertaking: Form of undertaking for the recipient to sign if included as an option for resolution

5. Power of Attorney: If the notice is sent by a legal representative, proof of authority to act on behalf of the rights holder

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Technology

Manufacturing

Retail

Entertainment

Media

Pharmaceuticals

Fashion

Software

Consumer Goods

Electronics

Automotive

Publishing

Telecommunications

Biotechnology

Design

Arts and Culture

E-commerce

Digital Services

Relevant Teams

Legal

Intellectual Property

Compliance

Risk Management

Corporate Affairs

Research and Development

Brand Protection

Product Development

Business Development

Innovation

Corporate Communications

Regulatory Affairs

Relevant Roles

Legal Counsel

Intellectual Property Manager

Compliance Officer

Chief Legal Officer

Patent Attorney

Trademark Attorney

Copyright Manager

Brand Protection Manager

General Counsel

IP Rights Manager

Legal Operations Manager

Corporate Counsel

Licensing Manager

Business Development Director

Research and Development Director

Innovation Manager

Industries
Belgian Code of Economic Law (Code de droit économique/Wetboek van economisch recht): Book XI covers intellectual property rights including patents, trademarks, and copyright. It provides the fundamental legal basis for IP protection and enforcement in Belgium.
EU Directive 2004/48/EC on the enforcement of intellectual property rights: This directive, implemented in Belgian law, provides measures and procedures to ensure enforcement of intellectual property rights, including requirements for infringement notices.
Belgian Judicial Code (Code judiciaire/Gerechtelijk Wetboek): Contains procedural requirements for legal notifications and the formal requirements for serving legal documents in Belgium.
EU Regulation 2015/2424 on the European Union trade mark: Relevant for trademark infringement cases, this regulation impacts how trademark rights are enforced within EU member states including Belgium.
Belgian Act on Electronic Communications: Governs electronic communications and provides framework for digital notifications, relevant when sending infringement notices electronically.
GDPR (General Data Protection Regulation): Must be considered when handling personal data in the infringement notice, especially if the notice contains information about individuals.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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