BELGIUM

Summary:

ABAC-BAAN: Belgian association against counterfeiting (Association Belge Anti-Contrefaçon)
Patent Cell of the Scientific and technological research centre of the Belgian textile industry (Cen
Services delivery of the Excellence centre of the technology industry (CRIF: Centre d'excellence de
ICCF-CICF- Interdepartmental commission against fraud in economic sectors
Act regarding the repression of counterfeit and piracy of intellectual property rights

Title of initiative	ABAC-BAAN: Belgian association against counterfeiting (Association Belge Anti-Contrefaçon)
1. General presentation
1.1 Overview
ABAC is a sectoral not-for-profit association representing the interest of the companies (67 today), which are victims of counterfeiting in Belgium (and to some extent in Luxemburg). ABAN acts as an intermediary between police, customs and the companies representing trademarks. The services offered are: investigations, product identification, registering of complaints often followed by the seizure and destruction of the merchandise, organisation of meetings for customs and police, lobbying on the national and European institutions. Each society owning property rights authorises the association to represent it in case of counterfeiting.
1.2 Sector focus	Sector: Mainly textile but a lot of other different products No specific sector
1.3 Institution (managing initiative)	ABAC-BAAN
2. Detailed Information
2.1 Start date	1995
2.2 End date	Ongoing
2.3 Budget	Contribution from members: €2,500 per member, plus variable fees depending on the quantity of seized products (maximum total: €30,000 for each member)
2.4 Type of initiative	Initial Information & Signposting Dedicated Information Provision Dedicated Services: Investigations, product identification Professional Advice: Registering of complaints Training International Liaison & Actions by Business Organisations: Lobbying on behalf of members Funding & Evaluation Public Access & Co-ordination Measures Other (specify):
2.5 Type of IPR	All IPR Industrial Property Inventions: Patents Utility Models Plant Varieties Topographies of Semiconductor Products Distinctive Signs : Trade Marks Trade Names Geographical Indications, Designations of Origin Aesthetic Creations: Designs (industrial design) Intellectual Property Literary, Scientific, Artistic Creations : Copyright Neighbouring Rights Rights in Common Law, Tort, Competition Law etc. Trade Secrets, Licensing & Confidentiality Agreements
2.6 Stage in Enforcement Process	All Stages Registration Business Planning / Strategy Investigations Administrative Procedures Litigation Other (specify):
3. Evaluation of Initiative
3.1 Overall appraisal	Technopolis appraisal 3 (1 = very unsatisfactory , 5 = very successful) The association complains on the slowness of the justice and on the fact that many complaints go nowhere because of the localisation of the counterfeiter (mainly China and India). Keeping the merchandize out of the market is considered as a good result by the association. The delegation of tasks to fight against counterfeiting to an intermediate body specialised in this area seems to be quite efficient, since 67 companies are paying today for this service.
4. Further Information
4.1 Document References	Brochure of the ABAC-BAAN
4.2 Web Site	-
4.3 Contacts	Veronique Mordant ABAC-BAAN Rue Montoyer 24/8 1000 Brussels Belgium Tel: 0032/2/230.74.20 Fax: 0032/2/230.71.19 e-mail: abac.baan@skynet.be
4.4 Information Source	Technopolis report: “Effects of counterfeiting on EU SMEs and a review of various public and private IPR enforcement initiatives and resources”

Title of initiative	Patent Cell of the Scientific and technological research centre of the Belgian textile industry (Centexbel)
1. General presentation
1.1 Overview
Centexbel has founded a Patent cell in collaboration with the department of Intellectual Property of the Federal Public Service: Economy, SMEs, Self-employed and Energy to arouse the interest in patents as a protection instrument and to optimise the information on patents. By means of this Patent Cell, Centexbel supports SMEs in the textile sector with respect to patents. In 2002, the Patent Cell was granted the statute of PATLIB centre (Patent Library) by the European Patent Office (EPO) by which they have privileged access to non-public data and very specialised and up-date EPO training programmes. The service is aimed at: technological information in a well-defined domain initial and general information on patent applications information on existing patents to protect SMEs that would like to market a new product, launch a new technique or apply a new production process information on trade marks, drawings and models to assist companies in maximally using their industrial properties information on the struggle against counterfeits by application of intellectual property rights.
1.2 Sector focus	Sector: Textiles No specific sector
1.3 Institution (managing initiative)	Centexbel and Federal Public Service: Economy, SMEs, Self-Employed and Energy
2. Detailed Information
2.1 Start date	1950
2.2 End date	Ongoing
2.3 Budget	-
2.4 Type of initiative	Initial Information & Signposting Dedicated Information Provision Dedicated Services Professional Advice Training: Access to EPO training programmes International Liaison & Actions by Business Organisations Funding & Evaluation Public Access & Co-ordination Measures Other (specify):
2.5 Type of IPR	All IPR Industrial Property Inventions Patents Utility Models Plant Varieties Topographies of Semiconductor Products Distinctive Signs Trade Marks Trade Names Geographical Indications, Designations of Origin Aesthetic Creations: Designs (industrial design) Intellectual Property Literary, Scientific, Artistic Creations Copyright Neighbouring Rights Rights in Common Law, Tort, Competition Law etc. Trade Secrets, Licensing & Confidentiality Agreements
2.6 Stage in Enforcement Process	All Stages Registration Business Planning / Strategy Investigations Administrative Procedures Litigation Other (specify):
3. Evaluation of Initiative
3.1 Overall appraisal	Technopolis appraisal: 3 (1 = very unsatisfactory , 5 = very successful) The service of the patent cell aims mainly at providing information on patents to the textile sector and thus at enhancing IPR protection both for companies wishing to register their innovation and for already registered companies. The sectoral approach may be particularly efficient.
4. Further Information
4.1 Document References	-
4.2 Web Site	http://www.centexbel.be/ http://patlib.european-patent-office.org/directory/display_centres.pl?ccode=BE
4.3 Contacts	Alain Lambermont Office Belge de la Propriété Intellectuelle Tel : +32 22778356 e-mail: Alain.Lambermont@economie.fgov.be Michael Catrysse Centexbel Tel : +32 92438229 e-mail: michael.catrysse@centexbel.be
4.4 Information Source	Technopolis report: “Effects of counterfeiting on EU SMEs and a review of various public and private IPR enforcement initiatives and resources”

Title of initiative	Services delivery of the Excellence centre of the technology industry (CRIF: Centre d'excellence de l'industrie technologique)
1. General presentation
1.1 Overview
CRIF-WTCM is the knowledge centre for the technology industry (mechanical engineering included) in Belgium. Its mission is to support the members (95% are SMEs) to increase their competitive position on the international market through technological innovation. On the private gate Techniline (free but identified access) members and customers of CRIF can find several services of information relating to the intellectual property: many articles on IPR an interactive tool for auto-evaluation to help the company in its reflection in front of the interest or not to deposit a patent to protect an innovation a glossary which briefly defines the most used terms, so as to give to the company the means of dialoguing with the specialists on patent rights useful addresses: offices of councils in IPR, databases, institutions, etc. The CRIF also provides help to the SMEs in the sector: to know the technological environment of a field to check, before launching a development, that the idea is free of exploitation to know the competitors, their evolution, the markets which they aim to find a solution with a technical problem to learn how to use patent databases on Internet to find the good interlocutors to answer specific questions about the patents
1.2 Sector focus	Sector: Technology (incl. mechanical engineering) No specific sector
1.3 Institution (managing initiative)	CRIF, Federal Public Service Economy, SMEs, Self-Employed and Energy
2. Detailed Information
2.1 Start date	Centre: 1947 / PATLIB status: 2002
2.2 End date	Ongoing
2.3 Budget	Not specified
2.4 Type of initiative	Initial Information & Signposting Dedicated Information Provision Dedicated Services: Tool for auto-evaluation Professional Advice Training International Liaison & Actions by Business Organisations Funding & Evaluation Public Access & Co-ordination Measures Other (specify):
2.5 Type of IPR	All IPR Industrial Property Inventions : Patents Utility Models Plant Varieties Topographies of Semiconductor Products Distinctive Signs Trade Marks Trade Names Geographical Indications, Designations of Origin Aesthetic Creations: Designs (industrial design) Intellectual Property Literary, Scientific, Artistic Creations: Copyright Neighbouring Rights Rights in Common Law, Tort, Competition Law etc. Trade Secrets, Licensing & Confidentiality Agreements
2.6 Stage in Enforcement Process	All Stages Registration Business Planning / Strategy Investigations Administrative Procedures Litigation Other (specify):
3. Evaluation of Initiative
3.1 Overall appraisal	Technopolis appraisal: 4 (1 = very unsatisfactory, 5 = very successful) This measure targeting especially the needs for information and support of SMEs in the patent area on an interactive way (both on Internet and on-site) can prove to be efficient since it is an initiative launched by the sector itself and which addresses the specific needs of the sector.
4. Further Information
4.1 Document References	-
4.2 Web Site	http://www.crif.be/
4.3 Contacts	Alain Lambermont Office Belge de la Propriété Intellectuelle +32 22778356 Alain.Lambermont@economie.fgov.be Fabienne Windels CRIF +32 43618757 fabienne.windels@crif.be
4.4 Information Source	Technopolis report: "Effects of counterfeiting on EU SMEs and a review of various public and private IPR enforcement initiatives and resources"

Title of initiative	ICCF-CICF- Interdepartmental commission against fraud in economic sectors
1. General presentation
1.1 Overview
ICCF/CICF is a coordination body representing different public services involved in the fight against economic fraud. As from 2007 a working group has been set up within this commission, which will specifically focus on the fight against counterfeit and piracy and discuss the specific problems which the different investigation services (police, Directorate-General Control and Mediation, customs services) have to deal with.
1.2 Sector focus	Sector: No specific sector
1.3 Institution (managing initiative)	SPF Economie (Service public fédéral)
2. Detailed Information
2.1 Start date	2007
2.2 End date	Ongoing
2.3 Budget
2.4 Type of initiative	Initial Information & Signposting Dedicated Information Provision Dedicated Services Professional Advice Training International Liaison & Actions by Business Organisations Funding & Evaluation Public Access & Co-ordination Measures Other (specify):
2.5 Type of IPR	All IPR Industrial Property Inventions : Patents Utility Models Plant Varieties Topographies of Semiconductor Products Distinctive Signs: Trade Marks Trade Names Geographical Indications, Designations of Origin esthetic Creations: Designs (industrial design) Intellectual Property Literary, Scientific, Artistic Creations: Copyright Neighbouring Rights Rights in Common Law, Tort, Competition Law etc. Trade Secrets, Licensing & Confidentiality Agreements
2.6 Stage in Enforcement Process	All Stages Registration Business Planning / Strategy Investigations Administrative Procedures Litigation Other (specify):
3. Evaluation of Initiative
3.1 Overall appraisal	N/A
4. Further Information
4.1 Document References	Act regarding the repression of counterfeit and piracy of intellectual property rights
4.2 Web Site	-
4.3 Contacts	Leen De Cort SPF Economie (Service public fédéral) Boulevard du Roi Albert II, 16 1000 Bruxelles Tel: 0032/2/277.89.04 Fax: 0032/2/277.52.62 e-mail: leen.decort@economie.fgov.be
4.4 Information Source	IPR Enforcement Support Expert Group

Title of initiative	Act regarding the repression of counterfeit and piracy of intellectual property rights
1. General presentation
1.1 Overview
This act is intended to provide holders of intellectual property rights and public authorities with instruments to fight more efficiently against the production and commercialisation of counterfeit and pirated goods. The act modernises criminal law with regard to the counterfeit of trademarks, designs, plant breeder rights, patents of invention and supplementary protection certificates. Before, as to industrial property, only counterfeit of trademarks is criminally prosecuted in Belgium on the basis of an act dating from 1879. The act abolishes the latter legislation, which has become obsolete, and replaces it by a system that henceforth includes all the aforementioned intellectual property rights. For those matters a new crimination has thus been established for counterfeit and piracy. The main characteristics of the new system are as follows: lodging a complaint by an aggrieved party is no longer a prerequisite for instituting legal proceedings by the public prosecutor, who from now on can act on his own initiative; penalties are made more severe and diversified (confiscation of the instruments used for committing the infringement, destruction of the counterfeit goods, posting up or publication of the judgement at the expense of the offender, closure of the business run by the convict, …) in order to take into account the new developments of these phenomena. The act imposes a prison sentence of three months to three years and a fine of 100 to 100,000 € (to be multiplied by additional charges, i.e. 550,000 €), or only one of these penalties for deliberately violating the rights of the holder of a trademark, a patent of invention, a supplementary protection certificate, a plant breeder right or a design. The fine for counterfeiting copyrights has also been made more severe; a warning procedure has been introduced for the establishment of infringements, the purpose of which is mainly preventive: it has to put an end to the violation of intellectual property rights by informing authors through the warning notification. The latter will be accompanied by an injunction to stop the infringing acts. A compromise procedure (payment of a sum of money annulling the prosecution) may also be proposed by the civil servants who are in charge of supervising the observance of the act; the investigation and establishment powers of the civil servants are specified (inspection on the spot, confiscation of counterfeit goods and tools used to commit the infringement, …) and extended to copyright matters. The act provides for the creation of a service specialised in fighting against counterfeit within the Directorate-General Control and Mediation (DGCM) of the FPS Finance. This service has to investigate and establish counterfeit acts within the framework of the internal market. The Customs and Excise Office of the FPS Finance, which is already competent for investigating and establishing infringements on Regulation N° 1383/2003, will henceforth also be empowered to intervene within the framework of the internal market, if necessary in collaboration with the DGCM. special attention is paid to the assistance and cooperation between the authorities and the competent public services. The act includes a chapter that is especially dedicated to the coordination and follow-up of actions with regard to the fight against piracy. An inter-ministerial commission for the fight against counterfeit and piracy will see to the efficient enforcement of the new act. This commission will particularly collect information on these phenomena and recommend the adoption of measures allowing a better understanding of that sort of criminal offences. A number of points of contact will be designated within the different public services involved in the implementation of the act, the purpose of which is to promote a multidisciplinary approach involving all national bodies that aim at combating the counterfeit market and, more generally, guaranteeing the well-functioning of the goods and services market.
1.2 Sector focus	Sector: No specific sector
1.3 Institution (managing initiative)	SPF Economie (Service public fédéral) - (FPS Finance)
2. Detailed Information
2.1 Start date	2007
2.2 End date	Ongoing
2.3 Budget
2.4 Type of initiative	Initial Information & Signposting Dedicated Information Provision Dedicated Services Professional Advice Training International Liaison & Actions by Business Organisations Funding & Evaluation Public Access & Co-ordination Measures Other (specify):
2.5 Type of IPR	All IPR Industrial Property Inventions: Patents Utility Models Plant Varieties Topographies of Semiconductor Products Distinctive Signs: Trade Marks Trade Names Geographical Indications, Designations of Origin Aesthetic Creations: Designs (industrial design) Intellectual Property Literary, Scientific, Artistic Creations: Copyright Neighbouring Rights Rights in Common Law, Tort, Competition Law etc. Trade Secrets, Licensing & Confidentiality Agreements
2.6 Stage in Enforcement Process	All Stages Registration Business Planning / Strategy Investigations Administrative Procedures Litigation Other (specify):
3. Evaluation of Initiative
3.1 Overall appraisal	N/A
4. Further Information
4.1 Document References
4.2 Web Site	http://www.economie.fgov.be/intellectual_property/home_en.htm http://www.economie.fgov.be/protection_consumer/complaints/home_en.htm http://www.economie.fgov.be/protection_consumer/complaints/complaints_fr_011.htm
4.3 Contacts	Projet législative Leen De Cort SPF Economie (Service public fédéral) Boulevard du Roi Albert II, 16 1000 Bruxelles e-mail : leen.decort@economie.fgov.be Direction générale du Contrôle et de la Médiation (DGCM) du SPF Economie Anne Slivko SPF Economie Direction générale Contrôle et Médiation Boulevard Simon Bolivar 30, à 1000 Bruxelles Tél: 02/277 54 85 E-mail : eco.inspec.fo@economie.fgov.be
4.4 Information Source	IPR Enforcement Support Expert Group