Fabienne Brison

portrait photo

Fabienne Brison Partner

Office location
Brussels
Telephone number
+32 2 740 00 05
E-mail
brisonf@hoyngmonegier.com
Languages
Dutch, English, French
Expertise
Designs, Trademarks, Copyright, ICT, Media
Education
Vrije Universiteit Brussel (LLD, 1998)
Université de Paris II (D.E.A. Propriété Littéraire, Artistique et Industrielle, 1988)
Vrije Universiteit Brussel (Law, 1987)

Fabienne specialises in copyright, media and new technology (including software and database protection). She also works regularly in the areas of trademarks, design, unfair trade practices and data protection. She defends IP rights and interests of producers, publishers and well-known artists: having conducted several high level litigations and assisting clients in their negotiations and with the drafting of contracts, advising them both on the legal-technical and strategic aspects. Fabienne is a CEPINA approved arbitrator for domain-name disputes and a CEPINA approved ICT-mediator. 

In addition to her extensive practical experience, Fabienne is a professor of intellectual property, media and ICT law at the Vrije Universiteit Brussel. She also lectures at the HUBrussel and Université de Liège for their Intellectual Property Rights LLM courses. Fabienne acts as the chair of the Belgian chapter of the Association Littéraire et Artistique Internationale (ALAI), is a member of the Intellectual Property Council (vice-chair of its Copyright and Neighbouring Rights Division) and is a member of the Executive Board of the specialised law review "Auteurs & Media".  She has authored many articles and books on copyright and is a regular speaker at national and international events.

Representative Matters 

  • BWIN, Internet Opportunity Entertainment, Ladbrokes, Sporting Exchange, Victor Chandler, William Hill v. Real Madrid And Others. Represented six online betting companies hauled before the Belgian courts by football clubs Real Madrid Football, Juventus, PSV Eindhoven and FC Porto Club and some of their players (e.g. Zinedine Zidane and David Beckham), protesting inter alia against the use of the clubs' and players' names on the betting sites. The Belgian court decided that the clients' use of the names was merely informational and necessary and could therefore not constitute a trademark or personality right infringement (2009). 
  • BWIN, Ladbrokes and Sporting Exchange v. Fédération Française du Tennis. Defended three on-line betting companies before the Belgian courts against the Fédération Française du Tennis (FFT) who claimed a cease-and-desist order to offer on-line sports betting services with regard to the tennis tournaments of Roland Garros and Masters de Bercy. The case was won on the absence of prima facie infringement of unfair competition and match fixing (2008).
  • Deco Partners v. Marimekko. Acted for Deco Partners in litigation on trademark and copyright aspects of decorative products, leading to an interesting application in Belgian case law of the Court of Justice’s Adidas/Fitnessworld case law. The Belgian court decided that the client's use of flower patterns on its products was merely ornamental use and could therefore not constitute a trademark infringement (2010).
  • EMI Music Publishing Belgium, Warner/Chappell Music Publishing Belgium, Sony/ATV Music Publishing Belgium v. S. Acquaviva And Others.  Representing three major music publishers who are copyright owners of Madonna’s song “Frozen”, against a Belgian composer who claims that Madonna infringes the copyright of his song "Ma vie fout l'camp" (2006 to date). 
  • SEMU and others v. Belgian State. Represented Belgian music publishers and the collecting society, SEMU, before the Constitutional Court of Belgium. The Court nullified two new provisions of the Belgian Copyright Act with regard to an exception applicable to sheet music, as they violated the constitutional principles of equality and non-discrimination (2009). 

Professional Affiliations

  • Association Littéraire et Artistique Internationale (ALAI), Chair of the Belgian chapter and Executive Committee Member 
  • CEPINA
  • Intellectual Property Council, Vice-Chair of the Copyright & Neighbouring Division
  • International Association for the Protection of Intellectual Property (AIPPI)
  • International Association of Entertainment Lawyers (IAEL)

Publications

  • “Kroniek intellectuele rechten.” R.W. (to be published in 2011). Co-authored with H. Vanhees, M.C. Janssens and P. Maeyaert
  • “Jan Corbet Huldeboek. De Belgische Auteurswet. Artikelsgewijze Commentaar.” (2008, 2nd Edition). Co-edited with H. Vanhees
  • “Het Naburig Recht van de Uitvoerende Kunstenaar.” (2001, re-edited in 2008)
  • "Protection Des Bases De Données." Répertoire Notarial—Droits Intellectuels (2007). Co-authored with Nicolas Ide
  • "Rome Convention for the Protection of Performing Artists, Producers of Phonograms and Broadcasting Organizations", "Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms" and “WIPO Performances and Phonograms Treaty." Concise Commentary on European Copyright Law, T. Dreier, Ch. Gielen and R. Hacon (eds.) (2006)

Speaking Engagements

  • "Dirty dancing with Caroline and Marlene: the ‘privacy/publicity right’ on the European continent." Fordham IP Conference (Cambridge, 2009)
  • "The Google-Case: A Challenge for Belgian and European Copyright?” Belgisch Instituut Bedrijfsjuristen (2007)
  • ”The Protected Work” and "Database Protection." Hoge Raad Justitie (2007)

What others say 

  • “Fabienne Brison is 'intelligent, committed and presents well in court'. Legal 500 2010
  • “Fabienne Brison enters the rankings this year bolstered by positive feedback on her extensive experience of copyright matters. She successfully represented SEMU before the Constitutional Court, challenging recent legal provisions”. Chambers Europe 2010
  • “[Fabienne is] extremely responsive and client friendly – always available, no matter how busy on other matters”. Legal 500 2008