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:
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