Industrial Designs Law in Belgium
Industrial Designs Law in Belgium
1. Legal Framework
Industrial design protection in Belgium is governed primarily by:
Benelux Convention on Intellectual Property (BCIP) – covers designs and models in the Benelux countries (Belgium, Netherlands, Luxembourg).
Royal Decree implementing the BCIP
Administered by the Benelux Office for Intellectual Property (BOIP).
Belgium is also governed by international treaties, including:
Hague Agreement Concerning the International Registration of Industrial Designs
Paris Convention for the Protection of Industrial Property
TRIPS Agreement
European Union Design Regulation (for Community designs valid EU-wide)
2. What Can Be Protected?
Industrial designs protect the appearance of a product or part of a product, including lines, contours, colors, shape, texture, and materials.
The design must be new and have individual character.
Excludes designs dictated solely by technical function.
3. Registration Process
Filing Authority:
Benelux Office for Intellectual Property (BOIP) for Benelux regional registrations.
European Union Intellectual Property Office (EUIPO) for Community Designs (valid in Belgium and all EU countries).
Process:
Application Filing:
Submit a representation of the design.
List of products to which the design applies (according to Locarno Classification).
Formal Examination:
BOIP or EUIPO checks formal requirements.
Registration:
No substantive examination for novelty; registration is typically quick.
Publication:
Design is published and registration certificate issued.
4. Duration of Protection
Registered designs are protected for an initial term of 5 years from the filing date.
Protection can be renewed in 5-year increments up to a maximum of 25 years.
5. Rights Conferred
Exclusive right to use the design and prevent unauthorized use by third parties.
Right to license, assign, or pledge the design.
Protection against imitation, copying, or unauthorized commercial use.
6. Unregistered Design Protection
Belgium also provides unregistered design protection for 3 years from disclosure within the EU.
Limited to protection against copying only.
7. International Protection
Belgium is a member of the Hague Agreement, allowing international design registration designating Belgium.
Also part of the Paris Convention, enabling priority claims.
EU-wide design protection is available through Community Registered Designs via EUIPO.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Benelux Convention on Intellectual Property (BCIP) |
| Registration Authority | Benelux Office for Intellectual Property (BOIP) |
| Protection Duration | 5 years, renewable up to 25 years |
| Unregistered Protection | 3 years (against copying only) |
| International Treaties | Hague Agreement, Paris Convention, EU Design Regulation |
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