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The implementation of the EU Trademark Directive remains the main topic of conversation in Belgium, as practitioners adjust to the new regime. So far, the reform package is working effectively and lawyers report a surge in trademark litigation and activity at the Benelux Court of Justice as a result. Meanwhile, the dramatic shift online in the wake of the covid-19 pandemic has generated heightened demand for specialist services, as brand owners scramble to keep pace with evolving trends. The hot-button issue in this space is the liability of e-commerce platforms and third-party involvement: in 2020, the Court of Justice of the European Union ruled that Amazon cannot be held liable for trademark infringement where it provides infringing goods on behalf of a third party but is unaware of the infringement. The decision will have far-reaching consequences not only in Belgium, but also globally, and brand owners will need to factor it into their online strategies.
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