Overview

Peter L’Ecluse focuses on life sciences, competition law and intellectual property (IP) rights.

Life Sciences

Peter’s expertise encompasses a wide range of areas, including registration, pricing and reimbursement matters, advertising issues and all aspects of competition law. He has successfully represented clients before civil courts, as well as Belgium’s administrative court, the Council of State, in challenging reimbursement decisions and rules imposing prescription requirements on physicians.    

Competition Law

Peter has been involved in most of the significant cases arising before the Belgian competition authorities and the courts. His expertise in this area extends to merger control, cartels, dominant market positions and procedural issues. Peter has broad experience in the telecommunications, life sciences, energy and fast moving consumer goods sectors.

Peter has handled such significant cases as Eco Swiss – Benetton (on arbitration and competition law) and ITT Promedia (involving the interplay between anticompetitive regulation and abusive conduct) before the European Commission and the European Courts. 

IP Rights

Peter’s patent litigation practice focuses on the life sciences industry. For several years, he has acted as co-counsel for one of the largest pharmaceutical companies in the world, handling multi-jurisdictional patent litigation while defending valuable patents covering various active substances against generic competitors. Peter also acted as co-counsel in proceedings before the European Patent Office and the Belgian courts for a major medical devices company in patent litigation which covered three jurisdictions. He often advises on supplementary protection certificate patent extension issues and assists clients in dealing with counterfeit trade in pharmaceuticals.

Languages

Dutch, English, French

Recommendations

  • Chambers Europe – Competition: Domestic
  • Chambers Europe for Intellectual Property
  • Chambers Europe – ‘Leaders In Their Field’ (Competition: Domestic)
  • Chambers Europe – ‘Leaders In Their Field’ (Intellectual Property) 
  • IAM Patent 1000 – The World’s Leading Patent Practitioners
  • Managing Intellectual Property – IP Star
  • LMG Life Sciences (Europe) – Life Sciences Star 
  • PLC for Belgium Life Sciences – Regulatory
  • PLC for Belgium Life Sciences – Intellectual Property
  • PLC for Europe Life Sciences – Competition/Anti-trust
  • PLC for Belgian Competition Law/Anti-trust
  • PLC for Belgium Dispute Resolution
  • International Who’s Who Legal for Life Sciences
  • Legal 500 for Intellectual Property
  • Legal 500 for Dispute Resolution 
  • Legal 500 for EU Regulatory – Pharma and Biotech
  • European Legal Experts for Intellectual Property
  • World IP Review – WIPR Leader

Education

  • The George Washington University, Washington DC, Master of Comparative Law, 1987
  • University of Leuven, Master of Laws, 1986
  • University of Leuven, Baccalaureus of Philosophy, 1985

Publications

Widely published on issues involving life sciences and competition law.

Contributor to Van Bael & Bellis' Business Law Guide to Belgium (Kluwer Law International/Bruylant, 2003).

Contributor to “Private Antitrust Litigation” (European Lawyer Reference/Thomson Reuters, 2013).

Contributor to Van Bael & Bellis, Competition Law of the European Community (fifth edition, Kluwer, 2010), the standard work of reference in the field of EU competition law.

Events

Frequent speaker on life science issues

Professional Activities

Former member of the bar council of the Dutch-language bar of Brussels

Bar Admission

Brussels
Former member of the Bar Council of Dutch language lawyers (Brussels)

Publications and insights

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    • 12/03/2019
    • Articles

    Belgium – New legislation in the making on cannabis for medical use

    In light of the growing international scientific consensus on the positive medicinal effects of cannabis, Belgian lawmakers have tabled proposed legislation which, if adopted, would make the use of cannabis for medical purposes legal. A Cannabis Office will be created within the Federal Agency for Medicines and Health Products which will be in charge of the legal production of medical cannabis, establishing a monopoly for the Belgian State on the cultivation, trade, import and export of that product. Other EU member states already have followed a similar legislative route (e.g. the Netherlands). Following the establishment of the Cannabis Office, a call for tenders will be issued for the cultivation of a certain amount of cannabis. Licences will be granted to the successful applicants to cultivate cannabis in specified locations. The Cannabis Office will purchase the harvest and export and/or distribute it. The manufacturing process will be subject to stringent standards. For example, the cannabis will need to have a stable concentration of the active substance as well as a stable ratio of the main active ingredients, i.e. cannabidiol (CBD) and the main psychoactive compound tetrahydrocannabinol (THC). The move comes more than three years after the first cannabis-based medicine (Sativex spray) became authorized and reimbursable in Belgium for certain multiple sclerosis (“MS”) patients. If physicians want to prescribe medicinal cannabis to their patients for pain relief, or the treatment of nausea and reduced appetite during chemotherapy, further regulatory changes will be required.

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    • 08/03/2019
    • Articles

    Belgium - Bill Tackles Medicine Shortages

    A number of members of parliament introduced last week a private members’ bill that has the twin objectives of tackling medicine shortages and combating the trade in falsified medicines (bill 54 3599/001 – the “Bill” – see attached). Medicine Shortages The Bill will modify the Law of 25 March 1964 to (i) allow the concept of “temporary cessation of supply of medicines” to be determined by Royal Decree; (ii) allow the Minister to make recommendations of suitable therapeutical alternatives in case of temporary shortages of specific medicines; (iii) preclude wholesalers (“WS”) with a public-service WS status from supplying ordinary WS; and (iv) impose particular shortage-related obligations on parallel traders which previously only applied to the marketing authorisation holders. The proposed ban on public-service WS to supply ordinary WS (and therefore limit their supplies to, broadly, other public-service WS, pharmacists and hospitals) is designed to ensure the steady supply of medicines to the local market and, conversely, cut down on exports that threaten public health. Under specific conditions, the ban will not apply to medicines earmarked for clinical trials. Falsified Medicines The Bill establishes criminal sanctions for specific violations of Regulation 2016/161 which lays down safety features for the packaging of medicines for human use. The current caretaker government no longer commands a majority in the federal Chamber of Representatives. However, the Bill may be assured of an ad hoc majority in that it has already been given a time slot in the session of the committee for public health scheduled on 12 March 2019.

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