Intellectual property legislation in the Belgian Code of economic law
In Belgium, the rules on intellectual property and copyrights may have a wider applicability than you could expect. As an entrepreneur, business owner or simple contractor, you may generate a lot of creations that are covered by intellectual property rights, mostly copyrights. Therefore, it is fundamental for you to find the proper legislation. The book XI of the new Belgian Code of economic law («CEL») gathers a significant part of various economic legislations such as intellectual property, competition law, consumer protection,… Focusing on intellectual property, a substantial part - but not all - of Belgian economic legislations is now compiled in this unique code. "Not all", as some of the rules applicable in Belgium are not implemented by the Belgian legislator but directly through European legislation or through international treaties. For example, the BENELUX Convention on trademarks and designs shapes most of the rules on trademarks and designs and is not in the CEL. Copyright and Neighboring Rights Belgian copyrights rules and neighboring rights are now included into title XI of the CEL (article XI. 164 and after). Since the first of January 2015, we do not refer anymore to the well-known Law on Copyright and Neighboring Rights of June 30, 1994, as it has been abrogated. Constant law principles The gathering of different legislations into a unique Code does not mean new rules... Mostly, the Belgian legislator decided to gather different rules but did not adapt them significantly. Focusing on copyrights, the same principles are still applicable in Belgium, without changes: - Protection of a creation that satisfies two conditions, i.e. being an original work of authorship and being fixed in a tangible form of expression; - The distinction between [...]