Intellectual Property Belgium 2025 | Trademarks, Patents, Copyright
Intellectual property protection in Belgium: BOIP/EUIPO trademarks, patents, copyright, designs and models. Tax innovation box. Counterfeiting.
In summary: Belgium offers a solid IP protection framework with Benelux trademarks (BOIP) for €240 and EU trademarks (EUIPO) for €850. The Belgian innovation box is one of Europe's most attractive with an effective tax rate of ~3.75% on IP income. Copyright protection is automatic without formalities.
Intellectual Property in Belgium
Belgium offers a solid framework for intellectual property protection, reinforced by the highly attractive innovation box tax regime. The Belgian system is integrated within the European (EU trademark, European patent) and Benelux (BOIP) framework.
The main IP rights in Belgium are: trademarks, patents, copyright, designs and models, and trade secrets.
Trademarks
Benelux Trademark (BOIP)
BOIP (Benelux Office for Intellectual Property) in The Hague manages trademarks for Belgium, the Netherlands, and Luxembourg.
| Aspect | Benelux Trademark | EU Trademark |
|---|---|---|
| Office | BOIP (The Hague) | EUIPO (Alicante) |
| Territory | BE, NL, LU | 27 EU countries |
| Cost (1 class) | ~€240 | ~€850 |
| Duration | 10 years renewable | 10 years renewable |
| Procedure | ~4 months | ~5 months |
Trademark Filing Steps
- Prior rights search: Verify the trademark doesn't already exist
- Classification: Determine product/service classes (Nice)
- Filing: Online form BOIP or EUIPO
- Examination: Verification of formal conditions
- Publication: Opposition possible for 2 months
- Registration: Trademark certificate
Patents
The Belgian national patent has largely been superseded by the European patent (EPO) and the new Unitary Patent (2023).
Protection Routes
- European patent (EPO): Designation of Belgium among chosen countries
- Unitary patent (UPC): Uniform protection in 17+ participating EU countries
- PCT: International application facilitating national filings
Patentability Conditions
- Novelty: Not disclosed before filing
- Inventive step: Not obvious to a person skilled in the art
- Industrial application: Capable of industrial use
Not Patentable
Software "as such", mathematical methods, scientific discoveries, business methods, and aesthetic creations are not patentable. But software with technical effect may be.
Copyright
Copyright automatically protects any original work without registration formality.
| Aspect | Details |
|---|---|
| Protected works | Texts, music, images, software, databases, architecture |
| Condition | Originality (imprint of personality) |
| Formality | None (automatic protection) |
| Duration | Author's life + 70 years |
| Economic rights | Reproduction, communication to public, distribution |
| Moral rights | Attribution, integrity, disclosure (non-transferable) |
Proof of Creation
- i-DEPOT (BOIP): ~€35, proof of creation date
- Notary deposit: Authentic deed with certain date
- Registered letter to yourself: Light proof but useful
Belgian Innovation Box
One of the most attractive tax regimes in Europe for intellectual property income.
| Aspect | Details |
|---|---|
| Exemption | 85% of net IP income |
| Effective rate | ~3.75% (instead of 25%) |
| Eligible IP | Patents, protected software, plant variety rights, orphan drugs |
| Nexus condition | Link between R&D expenses and IP income |
| Covered income | Royalties, capital gains, income embedded in sale price |
Designs and Models
Protection of the external appearance of a product (shapes, lines, colors, textures).
- Benelux design (BOIP): ~€100, protection BE/NL/LU
- Community design (EUIPO): ~€350, EU protection
- Duration: 5 years renewable up to 25 years
- Unregistered EU design: 3 years automatic protection
Fight Against Counterfeiting
- Cessation action: Fast procedure (like summary proceedings) before enterprise court
- Descriptive seizure: Counterfeiting evidence with bailiff and expert
- Damages: Actual harm or reasonable royalty
- Customs detention: Request for intervention with customs (imports)
- Criminal: Counterfeiting = punishable offense
Frequently Asked Questions
In Belgium, you file a Benelux trademark with BOIP (Benelux Office for Intellectual Property) in The Hague. Protection in 3 countries (BE, NL, LU). Cost: ~€240 for one class. Online procedure. Duration: 10 years renewable. Alternative: EU trademark (EUIPO) for protection in 27 European countries (~€850).
The Belgian national patent no longer really exists independently. You go through the European patent (EPO) designating Belgium, or the Unitary Patent (2023). Cost: €5,000-15,000 with patent attorney. Duration: max 20 years. Conditions: novelty, inventive step, industrial application. Software as such is not patentable.
No, copyright arises automatically upon creation of the original work, without formality. Protection: author's life + 70 years. Coverage: literary, artistic, musical works, software, databases. Advice: keep proof of creation date (notary deposit, BOIP i-DEPOT).
The innovation income deduction allows an 85% exemption of net income from patents, copyright-protected software, and other qualifying IP rights. Effective rate: about 3.75% instead of 25%. Conditions: own development or substantial improvement, nexus approach (R&D/income link). One of the most attractive in Europe.
File with BOIP for Benelux protection, or EUIPO for EU protection. Conditions: novelty and individual character. Duration: 5 years renewable up to 25 years max. BOIP cost: ~€100 per design. Protection: external appearance of a product (shapes, colors, textures). Unregistered designs benefit from 3-year protection.
Possible actions: 1) Cease and desist letter by lawyer, 2) Descriptive seizure (counterfeiting evidence), 3) Cessation action before the president of the enterprise court (fast procedure like summary proceedings), 4) Full proceedings for damages. Belgium has specialized IP courts. Customs: request to detain counterfeits at import.
Recommended strategy: 1) Check trademark availability (BOIP, EUIPO, TMview) AND domain name, 2) File the trademark first (stronger right), 3) Register domain names (.be, .com, .eu). In case of cybersquatting: UDRP procedure (generic domains) or Cepani .be procedure. Prior trademark takes precedence over domain name.
Software is protected by copyright (no formality). APIs as interfaces are generally not protected (Google/Oracle ruling). Source code is protected, but functionalities and ideas are not. Possible patent protection if underlying technical invention. Trade secrets can also protect non-public code.
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