Belgium
Patent/IP in Belgium
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Intellectual Property
For a list of Patent Attorneys, please click on the 'Patent Attorneys in Belgium' tab located above.
Intellectual Property, or IP, as it is colloquially called, is characterised as legal protection for commercially precious products of human intellect. There are, generally, three forms of IP: patents, copyrights and trademarks. Although these articles are similar many some ways, they each have individual idiosyncrasies and definitions which make them unique. Perhaps most importantly, there is no physicality to intellectual property. If effectively safeguards an intangible idea or process.
Patents
Generally speaking, patents are granted to inventors for inventions. These can include anything from machinery, tools, processes, chemicals, biotechnology, software, etc.
To qualify for a patent, an inventor must invariably create something that is:
- Of patentable matter
- Unique to patentee
- Merited and can be utilised
- Innovative
- Non-obvious
Under a patent, the patentee reserves the right stop or limit others from utilising and trading the invention. Without explicit permission from the patentee, persons using the patent in any of these ways are infringing, and could be subjected to legal action.
Applying for a Patent
In order to obtain a patent, the inventor must file a patent application. Where it is not possible to obtain a European or Community patent, patents are warranted by the Office for Intellectual Property in Belgium. A patent is granted for a period of 20 years. A patent application can also be filed with the European Patent office for protection in one or more signatory states to the European Patent Convention.
Trademarks
Trademarks are used to denote epithets, logos, symbols, slogans, etc, that are individual to a business and product. Fundamentally, the things that distinguish your product or service from a competitor's. Businesses understandably go to endless lengths to have control over their trademarks. Therefore, any persons found infringing upon them through unlawful use could be subject to legal action.
Famous examples of trademarks are Coca Cola and McDonald's.
Applying for a Trademark
Trademark protection in Belgium can be obtained in various ways:
- Benelux Trademark
- Registration is valid for a period of ten years as from the date the application
Community Trademark
To obtain protection, a trademark application has to be filed with the Office for Harmonisation in the Internal Market (OHIM) which is in Spain. Registration is valid for ten years from the date of application.
International Registration of Trademarks
International registration is regulated by the Madrid system for the international registration of marks, which consists of the Madrid Agreement (of 1891) and the Madrid Protocol (of 1989), and is administered by the International Bureau of the World Intellectual Property Organisation. Belgium subscribes to both the Madrid Agreement and the Protocol.
Copyright
Copyright gives someone to sell and reproduce a protected product, which is invariably printed work. Things like books, magazines, websites, photographs, music, film and art are common examples of copyrighted work. Copyright denotes five rights of the author, artist, etc: reproduction, distribution, adaptation, performance and display. Use of such materials or works without the explicit permission of the copyright holder is classed as infringement, and persons doing so could be subject to legal action.
Registration Office
PATLIB Centre Angleur
CIDE, Cellule pi 2
Centre PATLIB Director
Avenue Pre Aily 4
Angleur
4031
Belgium
Telephone: +32 43 49 8510
Fax: + 32 43 49 8520
Website:
www.picarre.be
