Patent income deduction to be replaced by innovation income deduction

Submitted by Thomas Baudewijn on December 21, 2016

Back in 2007 the patent income deduction (PID) was introduced in Belgium, a fiscal benefit intended to stimulate innovation in Belgian enterprises. This system allowed a deduction of 80% of the gross income resulting out of a patent, thereby reducing the effective tax rate to a maximum of 6,8%. This could be cumulated with other benefits such as notional interest, allowing to even further reduce fiscal pressure.

Law against “ping call” fraud in the making

Submitted by Thomas Baudewijn on February 25, 2016

In the past weeks Belgian phone numbers were overwhelmed by a wave of so-called “ping call” fraud, which has duped an estimated 10% of all people that have been contacted. Reason enough for our minister of telecommunications Alexander De Croo to undertake action and prepare a new law that should take care of this situation.

Does the ECHR weaken its Delfi judgment?

Submitted by Thomas Baudewijn on February 20, 2016

In June last year the European Court of Human Rights (ECHR) scared the operators of online news portals by rendering the so-called Delfi judgment that confirmed that freedom of speech does not prevent those platforms from being held liable for illegal comments posted by users. This month however the Court came with a new similar judgment that seems the weaken the effects of Delfi.

Infringement proceedings are possible with non-registered license

Submitted by Thomas Baudewijn on February 10, 2016

It’s a problem that occurs more often than most are willing to admit: forgetting to register a community trademark license in the register. Although this is a simple formality, not taking care of it means the license will not have effect vis-à-vis third parties and this can result in some very annoying consequences.

EU-US Privacy Shield to replace safe harbour

Submitted by Thomas Baudewijn on February 4, 2016

The European Commission has announced via a press release that it has reached an agreement with the United States that will make transatlantic personal data flows possible again. Such a framework was badly needed since the European Court of Justice annulled the legal basis of the safe harbor system which left everyone scratching their head on how EU personal data could still be processed in the US.

Sabam can prove its mandate without showing an agreement

Submitted by Thomas Baudewijn on January 29, 2016

According to the Brussels Court of Appeal Sabam can deliver the proof of its representative authority by simply referring to the list of rights holders that is submitted with the Monitoring department at the FPS Economy. Therefore it is not necessary to provide the membership agreement or excerpts thereof to the debtor of copyrights.

Electronic communication can be monitored by the employer

Submitted by Thomas Baudewijn on January 21, 2016

Last week the European Court of Human Rights (ECHR) rendered a judgment that has gotten quite some attention in mainstream media. The Court decided that an employer can indeed under certain circumstances monitor the electronic communications of its employees. This can however hardly be considered as a surprise.

Mitigation of non-compete clauses is possible

Submitted by Thomas Baudewijn on January 15, 2016

In two remarkable judgments the Court of Cassation has ruled that courts can mitigate excessive non-compete clauses by only declaring the excessive part as void and null so the remaining part can survive. This breaks with the viewpoint that these clauses are a matter of all or nothing, meaning they are either valid in their entirety or they are not.