Intellectual property law (IP law) is an essential area of law that provides protection for creations of the human mind. It enables companies, entrepreneurs, artists and inventors to obtain legal protection for their ideas, innovations and creations. In this overview, we introduce you to the main branches of intellectual property law in Belgium, including copyright and related rights, software and database protection, trademark law, patent law, design and model law, plant breeders' rights and chip protection.
1. Copyright and Neighboring Rights.
Copyright and related rights are governed by Title 5 of Book XI of the Code of Economic Law..
Copyright
The copyright protects original works of the mind, such as literature, music, art and films. Protection arises automatically from the moment the works are created and thus without a registration requirement....
Copyright provides the creator of a work with exclusive rights to reproduce, distribute, communicate to the public or perform his or her work, and to make adaptations or adaptations of the work. Protection lasts for the life of the author plus 70 years after his or her death.
The author's principal rights are:
- Property Rights: These rights give the author control over the use of the work, including reproduction, distribution and public communication.
- Moral rights: These rights guarantee the integrity of the work and the author's right to be recognized as creator. Moral rights remain with the author even after property rights are transferred.
Neighboring Rights
In addition to copyright, there are also neighbouring rights, which provide similar protections for performers, producers of phonograms and audiovisual works, broadcasters and press publishers. These rights recognize the interest of individuals and organizations that perform, record or broadcast a work. As with copyright, neighboring rights apply automatically, with no registration requirement.
2. Protection of software
Software is protected by copyright in Belgium, pursuant to Title 6 of Book XI of the Code of Economic Law.. This protection applies to the program's code, as well as its documentation, provided that the software is original. The term of protection is the same as that of copyright: the life of the creator plus 70 years.
Software can also be patentable under certain circumstances, but this is limited in Europe to specific cases where the software makes a technical contribution to a further invention problem.
3. Protection of databases
A database is a structured collection of data or other materials that are arranged systematically or methodically and are individually accessible. Protection for databases applies to both copyrighted databases and non-copyrighted databases created through substantial investment.
- Copyright protection: This protection applies when the structure or selection of the database is sufficiently creative and original. For this Title 5 of Book XI of the Code of Economic Law..
- Sui generis law: This right provides protection to the contents of a database against unlawful extraction and reuse, and is valid for 15 years. For this Title 7 of Book XI of the Code of Economic Law..
4. Trademark law
The trademark law protects signs that distinguish a company's goods or services from those of other companies. Trademarks can consist of words, logos, shapes, color combinations or even sounds. In Belgium, trademark law is primarily governed by the Benelux Treaty on Intellectual Property (BTIP)., which provides protection in Belgium, the Netherlands and Luxembourg.
A trademark registration gives the holder exclusive rights to use the trademark for the registered products and services and to take action against third parties who infringe on the trademark without permission. Protection is for a period of 10 years and can be renewed indefinitely.
In addition, at the European level, one can make a Union trademark register, which provides protection in all EU member states. For international protection, companies can rely on the Madrid system For the international registration of trademarks.
5. Patent law
The patent law provides protection for technological inventions that are new, inventive and industrially applicable and is governed by Title I of Book XI of the Code of Economic Law.. A patent gives the inventor the exclusive right to use and exploit the invention, and to prohibit others from making, using, selling or importing the invention without permission. Protection is usually for a period of 20 years, provided annual maintenance fees are paid.
In Belgium, a Belgian patent can be applied for through the Intellectual Property Office (DIE)., but companies can also have a European patent applications through the European Patent Office (EPO), which provides protection in several European countries.
With the recent introduction of the unitary patent it has become possible to obtain protection in participating EU member states through a single application, greatly simplifying the process of patent protection in Europe.
6. Drawing and Design Rights.
The design right provides protection to a product's appearance, such as its shape, lines, colors, texture and embellishments. This protection is very important for companies that want to distinguish themselves through the design of their products. In Belgium, this right is governed by the Benelux Treaty on Intellectual Property (BTIP). for protection within the Benelux, and through the Community Design Regulation (Regulation (EC) No. 6/2002) for protection throughout the European Union.
The protection of a registered design is for a period of five years and can be extended to a maximum of 25 years.
7. Breeders' rights
The plant variety rights provides protection to new plant varieties developed by a breeder. This right gives the breeder the exclusive right to propagate and market the plant variety. In Belgium, breeders' rights are regulated by the Title 3 of Book XI of the Code of Economic Law., but there is also a European system, managed by the Community Plant Variety Office (CBP)., which provides protection in all EU member states.
To qualify for plant variety protection, the new variety must be distinctive, uniform, resistant and new. Protection is for 25 to 30 years, depending on the type of crop.
8. Protection of chips (semiconductor products).
The protection of topographies of semiconductor products, also called chips, is a specialized form of intellectual property that applies to the three-dimensional configuration of electronic circuits in semiconductors. In Belgium, it is regulated by Title 8 of Book XI of the Code of Economic Law..
This protection gives the creator of the topography exclusive rights to reproduce and commercialize the configuration of the chip, and to keep infringing products off the market. The protection is for a period of 10 years.
9. The protection of trade name and corporate name
In addition to protecting trademarks and other forms of intellectual property, the trade name and the company name important identifiers for businesses. In Belgium, trade name and company name protection is essential to avoid public confusion and to protect a company's reputation against misleading practices by third parties. The protection of the trade name is governed by Title 4 of Book VI of the Code of Economic Law. and company name by The Code of Companies and Associations.
10. Protection of trade secrets
In addition to the protection of intellectual property rights, the protection of trade secrets critical to many businesses. Trade secrets consist of valuable and confidential information that is not publicly known and can provide a competitive advantage. This information can range from technical know-how and production processes to customer data and strategic business plans.
In Belgium, the protection of trade secrets is governed by Title 8/1 of Book XI of the Code of Economic Law..
Conclusion
Intellectual property law in Belgium offers a wide range of protection for a variety of creations and innovations, from copyright and trademark law to patent law and plant breeders' rights. This legal protection allows entrepreneurs, companies and creators to secure their ideas and products against unauthorized use and commercial exploitation by third parties.The protection of intellectual property rights can be enforced through specific procedures (including the seizure regarding counterfeiting). In any case, it is important to obtain appropriate protection in a timely manner to maximize the value of your intellectual property. An attorney can assist you in this regard.
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