Patricia Cappuyns

Patricia is a Partner in the Intellectual Property practice group. She specialises in patent litigation, mostly in the life sciences sector and in FRAND cases.

Patricia has more than 20 years of experience in intellectual property law, mainly in the field of patent litigation and advisory work. She has argued many cases before the Belgian courts, some before the European courts, and has represented clients in several FRAND and other abuse of dominance investigations by the European Commission at the interface of IP and competition law. Patricia has been active in a wide range of sectors, including pharma, biotech, technology, construction, the chemical industry, telecommunications and mechanical engineering. For 7 years, she taught Patent Law as an Associate Professor at the University of Liège in their LL.M. program in IP and Competition Law, and she is currently teaching the Intellectual Property Law course at the Brussels School of Governance.

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Career

Since 2022	Partner, Taylor Wessing
Since 2020	Lecturer Intellectual Property Law, Brussels School of Governance
2020-2022	Founding Partner, Fox IP Law

2016-2020	Co-founding Partner, Cape IP Law
2013-2020	Associate Professor, University of Liège
2010-2016	Partner and Counsel, Olswang Brussels
2005-2010	Partner and Senior Associate, Howrey Brussels
2000-2005	Associate, Linklaters De Bandt
2004	Secondee, Linklaters London

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Education

1999-2000	LLM, Trade Regulation (Intellectual Property, Antitrust and International Trade), New York University, USA
1999	Master of Law (cum laude), KU Leuven
1997-1998	Legal Studies (with distinction), King’s College London, UK

1996

Bachelor of Law (Magna cum laude), KU Leuven

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Publications

“Swiss-type claims, EPC 2000 claims en octrooiinbreuk: rechtstreeks of onrechtstreeks?”, IRDI, 2022, nr. 1, p. 18, co-authored with Narmeen Al Ganim
Upcoming publication in JIPLP regarding recent FRAND judgments in the UK, the Netherlands, France and Germany and lessons to be drawn from the upcoming UPC system, co-authored with Narmeen Al Ganim
The Belgian chapter in the International Comparative Legal Guide, Patents 2020, 10th Edition
“Product- en werkwijze-octrooien: gelijkenissen, verschillen en het Europlasma arrest van het Grondwettelijk Hof”, IRDI 2017/4, 239
“Aanwijzingen van inbreuk voor een zuiver beschrijvend beslag inzake namaak: de octrooihouder moet eerst zijn huiswerk maken”, IRDI 2016/3, 259
“The scoop from Europe Patent royalties and competition law: the Genentech judgment of the Court of Justice of the European Union", December 2016, LES Nouvelles, (with Jozefien Vanherpe)
“The scoop from Europe: Copyright Licensing and Collective Management Organizations in the EU”, June 2016, LES Nouvelles, (with Jochen Baes)
“The scoop from Europe: CJEU sets the record straight on fair compensation for unauthorized reproduction of copyrighted works”, March 2016, LES Nouvelles
“The scoop from Europe: The CJEU offers guidance in the Huawei/ZTE judgment on the proper way to conduct FRAND negotiations”, September 2015, LES Nouvelles
“The scoop from Europe: European Commission decisions finally published in Lundbeck and Fentanyl pay-for-delay cases”, June 2015, LES Nouvelles
“The scoop from Europe: Guidance regarding FRAND negotiations from the Advocate General at the CJEU”, March 2015, LES Global News, also published by World IP Review in May 2015,
“De prima facie geldigheid van octrooien en de schorsende werking van het beroep: de recente cassatierechtspraak vergeleken met die van onze buurlanden”, May 2014, Tijdschrift Belgisch Handelsrecht / Revue de Droit Commercial Belge
"Social media, who owns your brand?", article in Cahier van de Jurist / Cahier du Juriste, February 2012, and presentation for the Instituut voor Bedrijfsjuristen / Institut des Juristes d'Entreprise, October 2011, with Iain Stansfield and Christine De Keersmaeker
Belgian chapter in Global Patent Litigation, edited by Willem A. Hoyng and Frank Eijsvogels, Wolters Kluwer, successive loose-leaf editions of 2007, 2009 and 2014 (with Carl De Meyer and Frédéric Lejeune)
“The shape of the Lego brick is free for all to use”, JIPLP, Oxford University Press, 2009
Kluwer court reporter for Belgian patent cases.

Memberships & Associations

LES, AIPPI, EPLAW, CEPANI

Member of the bars of Brussels and New York

Additional languages

English

Dutch

French

Expertise

Services and Groups Brands & advertising Competition, EU & trade Patents & innovation

Sectors Technology, media & communications Life sciences & healthcare Chemicals Manufacturing & industrials

Experience

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Awards

IAM Patent 1000 2022

Silver - Individuals: litigation and transactions - Thanks to team captain Christian Dekoninck, the Brussels outpost of global outfit Taylor Wessing continues to establish itself as a top-flight patent practice on the Belgian IP stage. While it deftly navigates a variety of sectors, the life sciences are a stronghold for the group, and one of Dekoninck’s main fortes. “Christian is one of the country’s top and most brilliant patent litigators, and he has proven his strong analytical skills time and time again.” Lately, he has been representing Nipro in a dispute against Fresenius, with proceedings on the merits also being heard in France and Germany, as well as the Dana-Farber Cancer Institute, an affiliate of Harvard Medical School, in proceedings against the Belgian State before the Brussels Enterprise Court. Dekoninck’s talents also extend to the telecommunications sector, where a recent highlight includes acting on behalf of Ericsson in multiple proceedings. The set has also recently benefited from the arrival of Patricia Cappuyns.“Patricia is extremely knowledgeable as to the law, but her knowledge of a company’s commercial goals is certainly striking.” “She adapts her strategies to help her patrons achieve their wants and needs and displays excellent strategic thinking in doing so. Patricia knows how to navigate the legal landscape very well and knows what will and will not fly. Overall, she is a most impressive lawyer.”

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