Cessation of the infringement of intellectual rights
In the case of proceedings on the merits ("infringement proceedings" or "injunction" which is quicker), after finding an infringement of intellectual rights, the court will order its cessation. This injunction can also be pronounced against intermediaries such as distributors whose services were used to carry out the counterfeiting actions.
In case of urgency, the cessation of this infringement can also be requested in proceedings for interim measures. In this case, the cessation of the infringement can only be obtained temporarily.
The court can go along with the order to cease the infringement with a penalty.
Damages
The intellectual property right holder, as well as all other victims who suffered damages, has a right to compensation for any prejudice suffered because of counterfeiting.
Counterfeit seizures
In Belgium, there is another procedure for proving the existence and extent of counterfeiting, it is called "saisie-contrefaçon". This procedure is particularly effective since it is possible to ask the court to order descriptive and conservatory measures applying to material suspected of infringing intellectual property rights without the presumed counterfeiter being present or even being aware of it. This unilateral procedure has a sort of surprise effect that can be useful, if there is a fear that a counterfeiter may quickly dispose of any proof of counterfeiting.
Additional measures
According to the circumstances, when reporting an infringement of an intellectual right, it is also possible for the judge to order the communication of information on the origin and the distribution networks via which the infringement was made;
- to order the recall of the products from the channels of commerce;
- to order the publication of the decision;
- to order to pay the court fees;
- to order the transfer of the profit and
- the seizure of the counterfeit goods or materials.
When it concerns an infringement of an intellectual right committed on a commercial scale, a precautionary seizure can be ordered against the presumed counterfeiter on its movable and immovable property (such as the blocking of bank accounts) in order to guarantee future compensation.
