Belgium

UP 

Yes

UPC 

Yes 

Status of ratification

Yes. The UPC Convention was ratified by the Belgian Parliament on 23 April 2014 (click on the first related link below to read more). The Act of Adhesion was deposited by the Belgian Government on 6 June 2014. On 30 March 2017, the Belgian Government declared that it would apply the provisional entry into force of the UPC as of 15 May 2017. On 28 November 2018, the Belgian legislator passed an Act agreeing with the Protocol on the Privileges and Immunities dated 29 June 2016.

Local or Regional CFI 

Local. The Belgian Government decided on 23 October 2013 to create a local division in Brussels that will hold hearings in the three national languages plus English.

Location/Venue of CFI

It will be located at the City Atrium Building where the administration of the Federal Ministry of Economic Affairs and SME's is seated: 4th floor, Rue du Progres 50, 1210 Brussels.

Judges 

One national judge and 2 judges from the pool.

Languages 

Dutch, French, English and German.

UP/UPC implementing legislation

Legislation has been enacted to take into account the existence of the UPR and the UP.

Legislation has been prepared – and should enter into force simultaneously with the UPCA – that aligns the wording of national Belgian patent law with the UPCA, that provides for a safety net in case of late rejection of the unitary effect so that national protection can still be sought for, and that avoids double protection by a Unitary patent and a national patent.

Other UP matters of interest 

All translation requirements for converting European patents in Belgium have been abolished, as the London Agreement requires. Belgium signed the Protocol on Privileges and Immunities (PPI) in June 2016.

Related links

De Belgische Kamer van volksvertegenwoordigers

Federale Overheidsdienst Economie