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A Belgium Court considers a copyright exclusivity clause as pro-competitive and awards damages for the breach of the clause by videotapes sellers (GPFI/DGD - VRP)

Background The proceedings in that case were initiated by GPFI, Belga Film, Cinélibre, la Médiathèque de la Communauté française de Belgique and Super Video Production respectively copyright holder and licensees of the movie “Un homme à ma taille”. The complainants sued DGD and VRP, two companies whose main business was to import in Belgium videotapes purchased in France. The licensing agreements entered into by GPFI granted exclusive territorial protection to the licensees in Belgium. A dispute arose from the fact that DGD and VRP started selling in Belgium videotapes of “Un homme à ma taille” previously purchased in France. The licensees and the copyright holder sued DGD and VRP in order to obtain damages for the violation of their exclusive rights. It is in this context that the Court of

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Tarik Hennen, Alexandre Defossez, A Belgium Court considers a copyright exclusivity clause as pro-competitive and awards damages for the breach of the clause by videotapes sellers (GPFI/DGD - VRP), 27 March 1986, e-Competitions Bulletin March 1986, Art. N° 1216

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