At its meeting on 24 February 2006, the Intellectual Property Council decided to entrust an ad hoc working group with the examination of the Draft Bill on the civil aspects of the enforcement of certain intellectual property rights, in accordance with the application of article 6, §1, of the Royal Decree of 5 July 2004, establishing a Council for Intellectual Property (Belgian Official Journal of 17 August 2004).
This ad hoc working group consisted of all members of the Intellectual Property Council who applied before 3 March 2006. They are: S. CAPIAU, L. DEGRYSE, F. DE VISSCHER, M-CH. JANSSENS, N. LABOUVERIE, F. LHOEST, G. LONDERS, O. MAETERLINCK, B. MICHAUX, A. POITOUX, A. PUTTEMANS, A. STROWEL, A. VAN DEN BROECK, K. VANDERPERRE, S. VLOEBERGHS and F. YOUNG. Mr LONDERS chaired the working group, in accordance with the Council decision of 24 February 2006.
A representative of the FPS Justice’s Judicial Law Service, P. DRUYTS, also attended the meetings of the ad hoc working group, in accordance with Article 9 of the aforementioned Royal Decree of 5 July 2004.
In accordance with Article 8 of the same Decree, the secretarial work of the working group was carried out by the Intellectual Property Office.
The following meetings of the ad hoc working group were scheduled:
- 15 March 2006, at 2 pm: General presentation of the Draft Bill;
- 29 March 2006, from 9 am to 12.30 pm: transposition of Articles 5, 8, 10, 11, 13 and 15 of Directive 2004/48/EC;
- 7 April 2006, at 2 pm: transposition of Articles 6 and 7 of Directive 2004/48/EC, including the seizure procedure for counterfeit goods;
- 13 April 2006, at 2 pm: transposition of Article 9 of Directive 2004/48/EC, centralisation of the disputes on intellectual property rights, and amendment of Article 96 of the law on market practices and consumer protection.
At its meeting of May 5, 2006, the Intellectual Property Council adopted the opinion on the basis of the draft shared by the ad hoc working group.
Opinion of 5 May 2006 (French) (PDF, 288.34 KB)
Opinion of 5 May 2006 (Dutch) (PDF, 283.16 KB)
Consideration in Parliament
- Government Bill no. 2943 and no. 2944 of session no. 51 French version - Dutch version
- Law of 9 May 2007 on the civil aspects of the protection of intellectual property rights (+ erratum) French version (PDF, 679.02 KB) - Dutch version (PDF, 679.02 KB)
- Law of 10 May 2007 on the aspects of judicial law for the protection of intellectual property rights (+ erratum) French version (PDF, 703.96 KB) - Dutch version (PDF, 703.96 KB)
- Decision of 1 December 2006 of the Committee of Ministers of the Benelux Economic Union amending the Benelux Convention on Intellectual Property (Trade Marks and Designs), signed in The Hague on 25 February 2005 French version (PDF, 349.07 KB) - Dutch version (PDF, 349.07 KB)
