Prof. Dr. Benoit Michaux

Partner

Benoit specialises in copyright, trademarks, and information technology (including database protection). He has broad experience handling IP issues in the digital environment and regularly helps clients such as copyright owners, film, music and games producers, publishers, well-known artists and trademark owners defend their rights in infringement cases, both before the courts and in arbitration.

Benoit is a professor at the Law faculty of the University of Namur where he teaches intellectual property law. He was appointed as an expert member of the Intellectual Property Council by the Belgian Minister of Economy and he is President elected of the Belgian Chapter of ALAI. Benoit is a CEPINA arbitrator for domain-name disputes and a former deputy judge of the Brussels court of appeal.

  • REPRESENTATIVE MATTERS
    • Represents a copyright organisation before the Court of Justice of the European Union (CJEU) in a dispute concerning license fee rates (2019).
    • Represents a copyright organisation in a dispute against internet access providers concerning unauthorised transmissions of copyright protected works (2019).
    • Represented various right owners’ organisations in a number of disputes against internet access providers concerning injunctions to prevent copyright infringements (2018-2019).
    • Represented a right owners’ organisation in a dispute against a service provider in the field of domain names concerning an injunction to prevent copyright infringements.
    • Represented a right owners’ organisation in a dispute against a domain name registry concerning an injunction to prevent copyright infringements.
    • Advised a copyright organisation in negotiations with a leading social network platform to design a cooperation model aimed at copyright compliance.
    • Represented a copyright organisation before the CJUE in a dispute against a social network platform concerning an injunction to filter out infringing content.
    • Represented a copyright organisation before the CJUE in a dispute against an Internet access provider concerning an injunction to filter out infringing content shared via peer-to-peer protocols.
    • Represented a right owners’ organisation against Internet access providers in a dispute concerning an injunction to prevent copyright infringements through peer-to-peer channels.
    • Represented a right owners’ organisation in a dispute against  a major housing and hosting service provider concerning an order to prevent massive copyright infringement through various peer-to-peer and streaming websites.
  • PROFESSIONAL AFFILIATIONS
    • Association Littéraire et Artistique Internationale (ALAI), Member of the International Board and President of the Belgian chapter
    • CEPINA
    • Intellectual Property Council (Advisory Board to the Minister of Economy)
    • International Association for the Protection of Intellectual Property (AIPPI)
  • PUBLICATIONS
    • Copyright in the Information Society: A Guide to National Implementation of the European Directive (2nd, 2019), co-author.
    • “Intellectual Property Rights, Copyright and Trademark Issues”, in Telecommunications, Broadcasting and the Internet-EU Competition Law and Regulation, Garzaniti and O’Reagan, London, Sweet & Maxwell, 4th, 2019 (forthcoming).
    • La loi belge sur le droit d’auteur. Commentaire par article, (4th, 2018), co-author.
    • « To what extent do current exclusions and limitations to copyright strike a fair balance between the rights of owners and fair use by private individuals and others? », in, LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition, LIDC-Springer (2017).
    • Précis du droit d’auteur et des droits voisins (2000), co-author.
    • Droit des bases de données, (2005).
  • SPEAKING ENGAGEMENTS
    • Presentation of the Belgian Report on « Artificial Intelligence and Copyright » (Brussels, AIPPI-Belgian chapter, 2019).
    • « Case-law on Intermediaries » (Alicante, Spain, EU Intellectual Property Office, General Assembly, 2018).
    • « Ex parte request and fair trial – Copyright in Action: International Perspectives on Remedies» (Montreal, Canada, ALAI, 2018).
  • WHAT OTHERS SAY
    • “Brilliant lawyer” Chambers Europe 2020
    • “Benoît Michaux continues to be widely acknowledged in the market for his marked skill in copyright matters.” Chambers Europe 2018
    • “Brilliant litigator” and “a great strategic thinker who keeps his feet firmly on the ground.” Chambers Europe 2017
    • “a great strategic thinker.” Legal 500 2017
    • “He is brilliant: a very good and sharp litigator.” Chambers Europe 2016
    • Sources note Benoît Michaux’s “very strong knowledge of authors rights.”
      Chambers Europe 2015
    • ‘Benoît Michaux wins high praise as a leading copyright lawyer in particular and is also recognized as a strong generalist. Clients state that he “has a great understanding of our business and is practical and strategic in his approach to each case, which we really appreciate. I would recommend him for his ability to find creative solutions to our issues.”’ Chambers Europe 2014
    • “Benoît Michaux is a hugely experienced copyright, trade mark and design specialist.“
      Chambers Europe 2013
    • “Copyright and anti-piracy expert Benoît Michaux is ‘an excellent strategist but also easy-going and pleasant to work with,’ according to sources.” Chambers 2012
    • “Benoit Michaux stands out for his remarkable litigation skills and is lauded by clients as ‘the best copyright lawyer in Belgium.’” Chambers Europe 2010
    • “Benoit Michaux is praised as ‘exceptional.’” Legal 500 2010

Assistant details

Visit us

Visiting address:

Avenue des Nerviens 9-31
Nerviërslaan, 4th Floor
B-1040 Brussels
Belgium

Postal address:

Avenue des Nerviens 9-31
Nerviërslaan, 4th Floor
B-1040 Brussels
Belgium

The facts

Languages

French, English, Dutch

Education

University of Leuven (Law, 1983)

Admission

1983