Geographical Indications Law in Belgium
Here’s a detailed overview of Geographical Indications (GIs) law in Belgium:
Geographical Indications Law in Belgium
1. Legal Framework
Belgium, as a member of the European Union (EU), follows the EU’s comprehensive legal framework for the protection of Geographical Indications. This means:
EU Regulations directly apply in Belgium, forming the primary basis for GI protection.
The most relevant EU regulations include:
Regulation (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs (PDO, PGI, TSG)
Regulation (EU) No 1308/2013 on the common organization of agricultural markets
Regulation (EU) No 2019/787 on spirit drinks
Belgian national law complements these EU regulations but does not create an independent GI regime outside the EU framework.
2. Types of Protected Names
Under the EU law implemented in Belgium, the following GI categories are protected:
Protected Designation of Origin (PDO): Products produced, processed, and prepared in a specific area, with qualities or characteristics essentially due to that area.
Protected Geographical Indication (PGI): Products with a link to the area, where at least one production stage occurs in the region.
Traditional Specialities Guaranteed (TSG): Products highlighting traditional character or production methods without a link to a specific geographic area.
3. Application and Registration Process
Applications for GI protection originating in Belgium are submitted to the Federal Public Service (FPS) Health, Food Chain Safety and Environment.
The Belgian authorities check the application and forward it to the European Commission for EU-wide registration.
Once registered, GIs are protected across the entire EU, including Belgium.
Belgium also participates in EU committees that oversee GI protection and promotion.
4. Enforcement and Protection
GI protection prohibits misuse, imitation, or evocation of protected names.
Belgium enforces GI rights through:
National courts
Administrative actions by the FPS and market surveillance authorities
Belgian customs authorities also assist in preventing the import or export of counterfeit products infringing on GI rights.
5. Examples of Belgian GIs
Belgium has several registered GIs under the EU scheme, including:
Waterzooi (PDO)
Belgian Chocolate (PGI)
Herve Cheese (PDO)
Ardennes Ham (PGI)
Flemish Red Ale (PGI)
6. Institutional Bodies
Federal Public Service (FPS) Health, Food Chain Safety and Environment
Responsible for GI application handling and initial examination.
Federal Public Service Economy, SMEs, Self-employed and Energy
Involved in broader intellectual property and economic aspects.
Belgian Customs and Judiciary
Enforce GI protections against infringements.
7. International Agreements
Belgium, through the EU, is party to several international agreements protecting GIs, such as:
TRIPS Agreement (WTO)
Lisbon Agreement (WIPO) — note that the EU is not a party but member states may be.
Various bilateral agreements with third countries containing GI protection provisions.
Summary Table:
| Feature | Belgium |
|---|---|
| Legal Basis | EU Regulations (1151/2012, 1308/2013) |
| Types of Protection | PDO, PGI, TSG |
| Registration Authority | FPS Health, Food Chain Safety and Environment |
| Enforcement | Courts, Customs, Administrative Authorities |
| International Treaties | TRIPS, EU bilateral agreements |
| Examples of GIs | Herve Cheese (PDO), Ardennes Ham (PGI) |
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