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Belgium applies function-way-result test


Philippe Campolini and Peter Blomme review the Belgian approach to equivalents and prosecution history, and discuss whether Actavis v Eli Lilly might influence future cases

In Belgium, the judge assessing patent infringement will first determine the scope of protection of the patent by interpreting the claims. In line with Article 69 EPC, Article XI.28, paragraph 1 of the Code of Economic Law (CEL) reads: "The...


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