Protecting Your Creative Product Designs: Industrial Design Registration in Belgium

Industrial Design Registration in Belgium - Requirements, Procedure, and Legal Framework

Belgium’s design registration system provides a clear and efficient route for protecting creative product designs. Governed by the Belgian Intellectual Property Office (IPObel) and administered through the Benelux Office for Intellectual Property (BOIP), the system allows designers and companies to safeguard the visual features of their products across the Benelux region. Below is an overview of the key requirements, procedures, and legal provisions related to filing an industrial design in Belgium.

Authority:

The competent authority for design protection in Belgium is the Belgian Intellectual Property Office (IPObel) under the Federal Public Service Economy. www.economie.fgov.be

However, industrial design applications are filed and processed through the Benelux Office for Intellectual Property (BOIP), which covers Belgium, the Netherlands, and Luxembourg.

Terms of Protection:

• Registered industrial designs are initially valid for 5 years from the filing date and may be renewed 4 times, for successive periods of 5 years each, up to a maximum of 25 years.

Filing Deadline: 

• Paris Convention applications must be filed within 6 months from the earliest priority date.

Required Documents:

• Representations / Pictures
• Brief description in Dutch, French, or German
• Certified copy of priority document
• Ownership Statement / Employment Statement / Priority Assignment

Process & Procedure:

• Industrial design applications in Belgium must be filed with the Benelux Office for Intellectual Property (BOIP). The industrial design is only required to possess novelty and individual character. Images of the design may be shown from different angles, such as top view or side view, and at least one image must be submitted. The content of the design (“product”) must be clearly specified in the application form and classified according to the Locarno International Classification.
• BOIP does not examine the novelty or individual character of the industrial design, nor does it examine whether the design meets other requirements for design protection. However, BOIP will examine whether the design is contrary to public order or morality.
• Once an industrial design application has been filed, it cannot be amended. Any amendment must be submitted as a new industrial design application.
• BOIP accepts multiple industrial design applications, provided that all designs belong to the same Locarno class.
• The industrial design may include color protection.
• The features in the design images must be clear, with one image for each view.
• The design must be presented against a neutral background, ensuring that the design is clearly visible.
• Textual explanations, legends, or technical dimensions are not allowed in the drawings.
• Visual disclaimers in the drawings:
  • use dashed lines to indicate elements that do not form part of the design;
  • use blurred images to show elements that are not part of the design.
• File format: JPG format, 200 to 300 dpi, print size between 1.5 and 8 centimeters, and not exceeding 2 MB.
• The only text that may appear in the images is the view indication (such as front, side, or rear view). No other text is allowed in the images, such as descriptions of materials or dimensions.

Legal Remedies and Enforcement:

If a dispute arises regarding ownership, the actual designer may claim rights to the registered design within 5 years after publication. The same right applies to design applications. Revocation or invalidation actions may be filed in court without any statutory time limit. Any legal action must be recorded in the design register. Remedies include injunctions, damages, profit disgorgement (in case of willful infringement), and possible transfer of ownership of infringing goods.

Grace Period for Novelty: 

• Belgium grants a 12-month grace period before the filing or priority date. Disclosures made by the designer (including those under confidentiality) within this period do not destroy novelty.

Grant and Renewal Maintenance Fee:

No grant fee is required. Renewal fees are payable every 5 years. Late renewal is possible within 6 months after the due date with a surcharge.

Granting Time:

The average registration time for an industrial design in Belgium is approximately 3 months.

Conclusion

Belgium’s design protection framework, integrated within the Benelux system, provides an efficient and accessible path for securing exclusive rights over product designs. Its streamlined process, combined with regional coverage and legal enforcement options, makes it a valuable jurisdiction for designers and companies seeking robust intellectual property protection across Western Europe.