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Custom Recordal of IPRs in Belgium

Belgium

Custom Recordal of IPRs
Yes
No
Yes
The Books XV (Enforcement) and XVII (Special Procedures) of the Code on Economic Law, the Criminal Code, the EU Customs Regulation (608/2013), and the EU Implementing Regulation (1352/2013) form the legal basis for Custom Recordal of IPRs (Border Control Measures) in Belgium.
Custom Recordal of IPRs is effective both on the import and export of goods.
The Customs may verify goods ex officio or further to an application for action lodged by the rights holder. Upon examination of the goods, it may ultimately decide to either suspend the goods from detention or destroy the same as per the findings of the said case.
The application is made using the form published on the European Commission’s website. The Customs can rely on the information in the application for action to identify and suspend the release of suspected counterfeit products.
Rights holders that have lodged an application for action may also opt in to the small consignments procedure contained in the Customs Regulation. Under the small consignments procedure, the Customs no longer needs the explicit agreement of the rights holder to destroy suspected goods as they are presumed to be counterfeit.
If a rights holder chooses to submit an application for action, he must provide the Customs with detailed information on the original goods, such as the place of production, the involved companies and traders, and the packaging and distinctive features of the products.
Yes, it is centralized.
Yes
The application for action is valid for 01 year and can be renewed annually.
Yes
The Customs rely on the information in the application for action to identify and suspend the release of suspected counterfeit products.
Counterfeit goods will be destroyed at the expense of the rights holder without the rights holder first having to commence proceedings on the merits to establish whether its IP rights have been infringed.
Yes
Yes
Yes
10 days (or 03 days if goods are perishable)
No
No
The rights holder has to apply for destruction of the products when the owner, recipient, or declarant of the goods does not oppose their destruction within 10 working days. With the rights holder’s consent, the goods can also be made available to charitable institutions.
If the owner, recipient, or declarant of the goods opposes their destruction, the rights holder must initiate (civil or criminal) proceedings on the merits to establish whether an IP right has been infringed or not. In addition, the rights holder may opt not to apply the simplified procedure and immediately initiate proceedings on the merits.
No
Yes
This procedure allows the rights holder to apply for destruction of the products when the owner, recipient, or declarant of the goods does not oppose their destruction within 10 working days. With the rights holder’s consent, the goods can also be made available to charitable institutions.
No