Industrial design in Belgium in the Economic Code

With a long industrial history and a harmonious combination of tradition and modernity, Belgium has become a world-renowned industrial design center. Featuring sophisticated interior products, inheriting traditional woodworking techniques, Belgium has created living spaces that are both beautiful and comfortable. At the same time, the country’s talented artisan community has created unique metal works, from exquisite jewelry to modern furniture products, harmoniously combining traditional and contemporary materials. In addition, the Belgian automotive industry has also contributed significantly to shaping global design trends with iconic models, combining aesthetics and advanced technology. Thanks to these advantages, Belgium has affirmed its leading position in the field of industrial design, not only conquering the domestic market but also reaching out to the international level, contributing to improving the country’s image.

Legal Basis

• Economic Code (updated on April 21, 2022)

Preliminary Introduction to Industrial Designs in Belgium in the Economic Code

Design laws protect the unique appearance of a product or product part. This product can be any object that is manufactured industrially or handmade, including packaging, logos, fonts, parts. The appearance of the product may include the lines, shapes, colors, textures, materials of the product itself, or decorative motifs. If this appearance is only two-dimensional (like a pattern on wallpaper), we call it a pattern. If it’s three-dimensional (like the shape of a computer), we call it a design. The appearance of a product can also combine both dimensions (like the shape and texture on a set of porcelain teapots).

Design laws do not protect the following characteristics of a product:

• Technical Functional Characteristics: The design details necessary for the proper operation of the product will not be protected. For example, the shape of the razor blade, as it ensures the cutting efficiency.
• Connection service characteristics: Details that help the product connect with other products are also not protected. For instance, the shape of the power plug must be compatible with the outlet.
• Characteristics that are not visible during use: Hidden parts inside the product, such as screws, will not be protected.
• Designs that violate ethics: Designs that are offensive or violate the law will not be protected.
• Characteristics of the software: The design of the software is not covered by design laws.

Conditions for the protection of industrial designs in Belgium in the Economic Code

In order for a design to be protected by law, it must meet two main criteria: new and unique.

• Novelty: Your design should be completely different from all the designs that have been announced before. This means that your product has never appeared on the market in a similar form. The announcement can be through many forms such as: sales, newspaper publication, advertising, display,…
• Unique (Be creative level): Your design should create a distinct impression that doesn’t feel “seen” when compared to existing designs. In other words, your design must have unique accents, not mere copying.

Limitations and some exceptions to the ownership of industrial designs in Belgium in the Economic Code

Although owning a design brings many benefits, this right is not absolute. There are some exceptions where someone else can use your design without asking for permission.

• Personal Use: It is perfectly legal to use the design for personal, non-commercial purposes such as research, study, or retail display.
• Product Repair: When a product fails, one has the right to use the original design for repairs, ensuring the product works as it should.
• Products that have been circulated: If you have sold a product with your design on the market, the buyer has the right to use, repair, or resell the product without your permission.
• Personal Ownership: If someone started manufacturing a product with a design similar to yours before you applied for protection, they will have the right to continue production.

Dossier of registration of industrial designs in Belgium in the Economic Code

Customers who wish to submit an industrial design registration dossier in Belgium can submit it through the Belenux system.

What is Belenux System?

The Benelux system is an economic union between three European countries: Belgium, the Netherlands, and Luxembourg. The name “Benelux” is a combination of the first three letters of the names of these countries.

Main objectives of the Benelux alliance

• Economic cooperation: Creating a common market, reducing trade barriers, promoting investment and economic growth among member countries.
• Social cooperation: Developing common social policies, improving living and working conditions for people.
• Cultural cooperation: Promote cultural, educational and scientific exchanges between countries.

Benefits of BOIP (Benelux Office for Intellectual Property)

In the Benelux system, the BOIP acts as the governing body for intellectual property rights. The BOIP is responsible for processing applications and granting protection rights for patents, trademarks, industrial designs and other forms of intellectual property within the Benelux alliance.

Application for registration of an industrial design in Belgium via the Belenux system

Customers can access the following link:

https://www.boip.int/uploads/inline/02%20BX%20modeldepot%20formA%20FR_0.pdf

The form includes the following information:

• Information about the applicant: Full name, address, and legal form (if an organization).
• Illustrations: You need to submit clear images that clearly show the appearance of your product. It is these images that will be the basis for determining the scope of protection of the design, not the actual product. You can submit various perspectives of the product and describe its shape and contours in detail.
• Product classification: You need to specify the product to which the design is applied, preferably according to the international classification specified in the Locarno Agreement.
• Color: Specify the color of the design and, if possible, provide a color code.
• Reseller information (if applicable): If you authorize an agent or representative to carry out the registration process, provide the agent’s information.
• Signature: The signature of the applicant or agent or representative.

End of ownership of industrial designs in Belgium in the Economic Code

The design protection right will terminate in one of the following cases:

• Expiration of protection period: According to regulations, the term of protection of a design is 5 years and can be extended up to 4 times, corresponding to a total protection period of 25 years.
• Voluntary deregistration: The design owner has the right to voluntarily cancel the protection registration.
• Waiver: In the event that the design protection has been registered at the international level, the owner can waive the right of protection in Benelux.
• Court decision to cancel: If there is a dispute and the court issues a ruling to cancel the registration, the design protection right will terminate.