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10 AVRIL 2014. - Act to insert Book XI, "Intellectual property" in the Economic Law Code, and to insert the provisions of Book XI into Books I, XV and XVII of the same Code (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - The Economic Law Code
Art. 2. In Book XI of the Economic Law Code, Title 9, Chapter 4, an article XI.336 is inserted as follows:
"Art. XI.336. § 1^er. Notwithstanding the legal protection provided for in Article XI.291 and Article XI.316, the President of the Court of First Instance and the President of the Court of Commerce, in matters which are respectively within the jurisdiction of these courts, are competent to determine any violation of Article XI.291, §§ 2 and 4, and Article XI.316, §§ 2 and 5, and as the case may be:
1° With regard to copyright and neighbouring rights:
(a) be directed to the persons entitled to take the necessary measures allowing the beneficiaries of the exceptions provided for in Article XI.189, § 2, to Article XI.190, 5°, 6°, 7°, 8°, 12°, 14°, 15° and 17°, to Article XI.191, § 1^erParagraph 1^er, 1° to 5°, and in Article XI.217, 5°, 6°, 11°, 13°, 14° and 16°, or to the provisions determined by the King under Article XI.291, § 2, paragraph 2, to benefit from such exceptions when the beneficiary has lawful access to the work or the protected benefit;
(b) be directed to persons entitled to render technical protection measures in accordance with Article XI.291, § 4;
2° with respect to the law of database producers:
(a) be directed to database producers to take the necessary measures to allow beneficiaries of the exceptions provided for in Article XI.310, paragraph 1^er, 2° and 3°, to benefit from such exceptions where the beneficiary has lawful access to the database;
(b) be directed to producers of databases to render technical protection measures in accordance with Article XI.316, § 5.
§ 2. Action based on paragraph 1^er is trained upon request:
1° of interested persons;
2° of the Minister having the copyright in his powers;
3° of a professional or interprofessional group with civil personality;
4° of an association whose purpose is to defend the interests of consumers and to enjoy civil personality as long as it is represented on the Consumer Council or is approved by the Minister who has the right of author in his duties according to criteria determined by a royal decree deliberated in the Council of Ministers.
By derogation from the provisions of articles 17 and 18 of the Judicial Code, the associations and groups referred to in points 3 and 4 may act in court for the defence of their statutoryly defined collective interests.
§ 3. Action referred to in paragraph 1^er is formed and educated according to the forms of the referee.
It may be filed by contradictory request in accordance with articles 1034ter to 1034sexies of the Judicial Code.
The President of the Court of First Instance or the President of the Court of Commerce may order the notice of the order or summary that he or she prepares during the period that he or she determines both within and outside the institutions of the offender and at the costs of the offender, as well as the publication of the order or summary at the expense of the offender through the newspapers or in any other manner.
The order is enforceable by provision notwithstanding any appeal, and without bail.
Any decision shall, in the eighties, and the due diligence of the Registrar of the competent court, be communicated to the Minister having the right of author in his powers unless the decision has been made at his request. In addition, the Clerk is required to promptly inform the Minister who is entitled to the copyright of the appeal against any decision made under this section. "
Art. 3. In Book XI of the Economic Law Code, Title 10, Chapter 1^er, an article XI.337 is inserted as follows:
"Art. XI.337. § 1^er. The Brussels Commercial Court, even where the parties are not commercial, is aware of all patent applications or supplementary protection certificates, regardless of the amount of the application.
§ 2. Any convention contrary to the provisions of the preceding paragraphs shall be null and void by law.
However, the provisions of this article do not preclude any dispute over the ownership of a patent application or patent, the validity or infringement of a patent or the fixing of the compensation referred to in Article XI.35, as well as those relating to patent licences other than compulsory licences, to the arbitral tribunals.
§ 3. The provisions of paragraphs 1^er to 2 apply mutatis mutandis to additional protection certificates."
Art. 4. In Book XI of the Economic Law Code, Title 10, it is inserted a Chapter 2, containing Article XI.339, as follows:
"Chapter 2. - Obtaining rights competency
Art. XI.339. Commercial courts, even where the parties are not commercial, are aware of all applications for the application of title 3, regardless of the amount of the application.
If the challenge arises in the course of the administrative instruction of the application for the granting of the right of authority, the Agency may, at the request of a party to the judicial proceeding, suspend the granting of the right until the court has ruled."
Art. 5. In Book XI of the Economic Law Code, Title 10, a chapter 3, comprising articles XI.340 and XI.341, is inserted as follows:
"Chapter 3. - Competence with respect to transparency of copyright and neighbouring rights
Art. XI.340. Where, in accordance with Article XI.275, the Regulatory Service considers that rules of perception, pricing or distribution are unfair or discriminatory and that it has not been followed by the warning referred to in Article XV.31/2, the Regulatory Service may appeal to the Court of Appeal of Brussels, sitting as a reference, of an action to rule on the fair and non-discriminatory nature.
The Brussels Court of Appeal has jurisdiction over the merits of the dispute and has full jurisdiction.
The Judicial Code is applicable with respect to the procedure, unless the provisions of this chapter derogate from it.
Art. XI.341. § 1^er. The Brussels Court of Appeal sitting as referred, is only competent to hear appeals, introduced by any person justifying interest, against:
1° the decisions of the Regulatory Service made pursuant to Article XI.275;
2° the decisions of the Minister or officer specially designated for that purpose, referred to in section XV.66/2;
3° the decision of the SPF Economy to impose an administrative fine pursuant to articles XI.285 and XV.66/3.
The Brussels Court of Appeal is seized of the substance of the dispute and has full jurisdiction.
§ 2. Under penalty of inadmissibility which may be pronounced by the Brussels Court of Appeal, the appeal referred to in § 1^er is filed within one month from the notification of the decision or, for interested persons to whom the decision should not be notified, within one month of the publication to the Belgian Monitor of the decision concerned by the Regulatory Service.
§ 3. The Judicial Code is applicable with respect to the procedure, unless the provisions of this chapter derogate from it.
§ 4. Except where the appeal is directed against cases where the Minister or agent specially designated for that purpose, pursuant to Articles XV.66/2, § 1^er3° and XV.66/3, § 1^er, imposes an administrative fine, the appeal has no suspensive effect, but the court may order, on its own motion or at the request of either party duly motivated in the introductory summons of proceedings, the suspension of the decision under appeal.
The court shall rule on the application for suspension no later than ten days after the introduction of the case, except in exceptional circumstances, related to the respect of the rights of the defence, motivated by the court.
§ 5. At the latest on the day of the introduction of the case, the Regulatory Service shall communicate to the applicant and the court a copy of the administrative record."
Art. 6. In Book XVII of the Economic Law Code, Title 1^er, chapter 4, section 1^re, an article XVII.14 is inserted, as follows:
"Art. XVII.14. § 1^er. The President of the Commercial Court notes the existence and orders the termination of any infringement of an intellectual property right, with the exception of the patent law including the law relating to complementary protection certificates, copyright, neighbouring rights and the right of database producers.
§ 2. The President of the Brussels Commercial Court notes the existence and orders the termination of any infringement of the patent law, including the law relating to complementary protection certificates.
§ 3. The President of the Court of First Instance and the President of the Court of Commerce, in the matters which are respectively within the jurisdiction of these tribunals, determine the existence and order the termination of any infringement of the copyright, right of neighbour or right of a database producer.
§ 4. The President may also make a termination injunction against intermediaries whose services are used by a third party to infringe a right referred to in paragraphs 1 to 3."
CHAPTER III. - The Judicial Code
Art. 7. In the Judicial Code, an article 605quinquies is inserted, which reads as follows:
"The Court of Appeal shall have actions and remedies in respect of the transparency of copyright and related rights referred to in Articles XI.340 and XI.341 of the Economic Law Code. "
Art. 8. In section 633quinquies of the Judicial Code, inserted by the Act of 10 May 2007 and last amended by the Act of 11 December 2009, the following amendments are made:
1° paragraph 1^erParagraph 1^er, is replaced by the following:
"is the only competent person to know applications relating to intellectual property rights referred to in Article 574, 11°, 14°, 15°, and 19°, the Brussels Commercial Court. ";
2° paragraph 1^erParagraph 2 is replaced by the following:
"It is only competent to hear applications relating to intellectual property rights referred to in Article 574, 3°, 16°, 17° and 18°, the commercial courts established at the seat of a court of appeal. ";
Paragraph 2, paragraph 1^er, is replaced by the following:
"It is only competent to hear applications relating to intellectual property rights referred to in Article 574, 11°, 14° and 15°, introduced on the basis of Article 584, the President of the Brussels Commercial Court. ";
Paragraph 2, paragraph 2, is replaced by the following:
"Only competent to hear requests for intellectual property rights referred to in Article 574, 3°, 16°, 17° and 18°, introduced on the basis of Article 584, the presidents of the commercial courts established at the seat of a court of appeal";
5° paragraph 3, paragraph 1^er, is replaced by the following:
"is the only competent person to hear requests for seizure in respect of counterfeiting under articles 1369bis/1 to 1369bis/10, relating to the intellectual property rights referred to in article 574, 11°, 14° and 15°, the president of the Brussels Commercial Court. ";
Paragraph 3, paragraph 2, is replaced by the following:
"Only competent to hear requests for seizure of counterfeit offences under articles 1369bis/1 to 1369bis/10, relating to the intellectual property rights referred to in Article 574, 3°, 16°, 17° and 18°, the presidents of the commercial courts established at the seat of an appeal court in the jurisdiction of which the operations, or some of them, shall be carried out. ";
Paragraph 4, paragraph 1^er, is replaced by the following:
"Is only competent to know of an action based on Article XVII.14, §§ 1^er and 2, of the Economic Law Code, for the cessation of an act which infringes on an intellectual property right referred to in Article 574, 11°, 14° and 15°, the president of the Brussels Commercial Court. ";
Paragraph 4, paragraph 2, is replaced by the following:
"Only competent to know an action based on Article XVII.14, §§ 1^er and 2, of the Economic Law Code, for the cessation of an act which infringes on an intellectual property right referred to in Article 574, 3°, 16°, 17° and 18°, the presidents of the commercial courts established at the seat of a court of appeal."
9° the article is supplemented by a paragraph 7 as follows:
"§ 7. The Court of Appeal of Brussels is the only competent person to hear proceedings and appeals in respect of the transparency of copyright and related rights referred to in Articles XI.340 and XI.341 of the Economic Law Code. ".
CHAPTER IV. Attribution of skills
Art. 9. The King may coordinate the provisions of the Economic Law Code, as set out in this Act, with the provisions that would have expressly or implicitly amended it at the time the coordination is established.
To this end, He may:
1° amend the order, numbering and, in general, the presentation of the provisions to be coordinated;
2° amend the references contained in the provisions to be coordinated with a view to aligning them with the new numbering;
3° amend the drafting of the provisions to be coordinated in order to ensure their consistency and to unify the terminology without prejudice to the principles set out in these provisions.
CHAPTER V. - Entry into force
Art. 10. The King shall determine the date of entry into force of all or part of each of the sections of this Act and of each of the provisions inserted by this Act in the Economic Law Code.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 April 2014.
PHILIPPE
By the King:
Minister of Economy and Consumers,
J. VANDE LANOTTE
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1)House of Representatives (www.lachambre.be):
Documents: 53-3391 and 53-3392 - 2013/2014
Full report: 27 March 2014.
Senate (www.senate.be):
Documents: 5-2805 and 5-2806 - 2013/2014.
Annales of the Senate: April 3, 2014.