Belgian government passes UPC bill

December 5, 2017

On the 29th of November the Belgian Chamber’s Committee of Economic Affairs unanimously approved the bill covering draft legislation for the implantation of the Unitary Patent and its Unified Patent Court.

To implement the UP and UPC new national legislation is needed in every participating Member State. In Belgium, the bill (French and Dutch) that was passed by the Chamber of Representatives Committee dealt with the harmonisation of the current patent laws with the new system. Partially, this requires Belgium to adapt their laws to the UPC Agreement when it comes to certain limitations and exceptions that are presently not being upheld in Belgian IP law. These exemptions mainly deal with the topic of infringement.

If the current laws aren’t changed, a future UPC judge could judge a case differently based on the two law sets, the bill reads.

Participation
The bill was presented to the Chamber of Representatives by the Belgian parliament on the 6th of November.

The passing of the bill means that Belgium can participate immediately as soon as the UPC Agreement enters into force. Belgium has already ratified the UPC Agreement. It is expected that Brussels will host one of the local divisions of the Unified Patent Court.

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