Koen De Winter
Koen De Winter is a senior counsel in Baker McKenzie’s Antwerp office, who practices in the areas of intellectual property, commercial law and dispute resolution. He has over 40 years’ experience and is consistently recognized for his skills in Acritas, Legal 500, Chambers Europe, WIPR, Managing IP, WTR 1000 and Leader’s League.
He is an experienced civil and commercial litigator and has tried high-profile cases in all major courts in Belgium.
His IP practice encompasses all contentious and non-contentious aspects of intellectual property, including trademarks, copyrights, patents, designs, trade secrets and related issues.
He routinely works on the full array of commercial contracts, including licensing, distribution and agency agreements, supply agreements, advertising and fair trading.
Koen advises and conducts litigation on the full spectrum of IP rights, trade secrets, advertising and unfair practices.
In addition, he has extensive experience in complex civil, commercial and corporate disputes, representing clients from a wide variety of industry sectors before the state courts and in arbitration.
Representative Legal Matters
- Represented a US based RC car model manufacturer, in trademark and design infringement proceedings against a local distributor, before the cease-and-desist court in Brussels.
- Acting for a core company of one of the main integrated meat suppliers in Europe, with respect to a cross border shareholders’ dispute involving both arbitration and state court proceedings.
- Defending a leading manufacturer of window coverings in a post-acquisition dispute involving legal, technical, and financial issues as well as multiple applicable laws and standards.
- Acting for a Dutch supplier in an international arbitration related to a dispute in the framework of a construction agreement involving electrical and instrumentation works for the expansion of an existing refinery in the port of Antwerp.
- Defending a NYSE listed, global mining and metals conglomerate against a claim from a French trader of carbon steel products, involving legal issues related to piercing the corporate veil and the binding effect of an arbitration clause to third parties, under Belgian law, international commercial law, and Ukraine law.
- Representing a new Belgian venture against a claim initiated by a dental chain for the misappropriation of trade secrets.
- Defending a global provider of integrated railway solutions in a trade secrets and unfair competition litigation brought against it before the Brussels cease and desist court by a Spanish manufacturer and supplier of railway monitoring equipment.
Professional Associations and Memberships
- Arbitration Chamber of Commerce in Antwerp - Member
- International Trademark Association (INTA) - Member
- Benelux Association for Trademarks and Design Law (BMM) - Member
- Licensing Executive Society International (LESI) - Member
- Association of European Trademark Owners (MARQUES) - Member
- Alumni Association of the College of Europe - Member
- Antwerp~Belgium (1981)
- College of Europe, Bruges (Advanced European Studies, magna cum laude) (1980)
- University of Antwerp (Law Degree, magna cum laude) (1979)
Publications & Presentations
Koen De Winter regularly lectures on topics related to IP, commercial law, and dispute resolution, including:
- Speaker, "Trade Secrets", webinar, NCOI - M&D Seminars, 26 January 2021
- Speaker, "Are your trade secrets protected? Handling trade secrets in your global supply chain ecosystem”, webinar, Baker McKenzie, 15 June 2021
- Speaker, "The current and upcoming protection of Trade Secrets in Belgium", Seminar organized by M&D Seminars (Wolters Kluwer), Gent, 24 April 2018
- Speaker, "The Protection of Trade Secrets", Seminar organized by the Innovation Centre and Flanders Innovation & Entrepreneurship (het Innovatiecentrum en het Agentschap Innoveren & Ondernemen), 19 October 2017
- Speaker (and co-author), "IP Enforcement in the Fashion Industry" ("Bestrijding van namaak in de mode"), University of Antwerp and Intersentia, Antwerp, 14 December 2016
- Speaker, "Protection trade secrets through IP and unfair competition", Client Conference", Baker McKenzie Annual Partners Meeting, Barcelona, 18 October 2016
- Speaker, "Legal aspects of 360° Advertising", Client Conference, Baker McKenzie Annual Partners Meeting, Barcelona, 18 October 2016