Law On The Integration Of Book Xi, 'intellectual Property' In The Code Of Economic Law, And Bearing Insertion Of Provisions Specific To The Book Xi In Books I, Xv And Xvii Of The Code (1)

Original Language Title: Loi portant insertion du livre XI, "Propriété intellectuelle" dans le Code de droit économique, et portant insertion des dispositions propres au livre XI dans les livres I, XV et XVII du même Code (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014011324&caller=list&article_lang=F&row_id=600&numero=693&pub_date=2014-06-12&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-06-12 Numac: 2014011324 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy April 10, 2014. -Law on insertion of the book XI, 'Intellectual property' in the Code of economic law, and on the insertion of provisions specific to the book XI in books I, XV and XVII of the Code (1) PHILIPPE, King of the Belgians, all, present and future, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Available general Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER II. -The Code of economic law art. 2. in book XI of the Economic Law Code, title 9, Chapter 4, it is inserted an article XI.336 as follows: "article XI.336. § 1. 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 tribunal de commerce in materials which are respectively the jurisdiction of these courts are competent to find any violation of article XI.291, §§ 2 and 4, and article XI.316, §§ 2 and 5, and as the case (: 1 ° in copyright and neighbouring rights: a) or direct to the beneficiaries to take the necessary measures allowing beneficiaries of the exceptions provided in article XI.189, § 2, at section XI.190, 5 °, 6 °, 7 °, 8 °, 12 °, 14 °, 15 ° and 17 °, in article XI.191, § 1, paragraph 1, 1 ° to 5 °, and 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, take advantage of such exceptions when the beneficiary has lawful access to the work or to provide protected;
(b) or directing the successors to the technological protection measures in accordance with article XI.291, § 4;
2 ° law of producers of databases: has) is directing for producers of database to take the necessary measures for the beneficiaries of the exceptions in article XI.310, paragraph 1, 2 ° and 3 °, benefit of such exceptions when the beneficiary has a lawful to the database access;
(b) or direct producers of databases to make the technological protection measures in accordance with article XI.316, § 5.
§ 2. The action based on paragraph 1 is formed at the request: 1 ° of the persons concerned;
2 ° of the Minister having copyright in his or her attributions;
3 ° to a professional or interprofessional grouping having legal personality;
4 ° of an association aimed at the defence of the interests of consumers and enjoying legal personality provided that it is represented to the Consumer Council or that it be approved by the Minister having copyright in charge according to criteria determined by 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 paragraphs 3 ° and 4 ° may sue for the defence of their statutorily defined collective interests.

§ 3. The action referred to in paragraph 1 is formed and educated according to the forms of the referee.
It can be introduced by inconsistent application in accordance with articles 1034ter to 1034sexies of the Judicial Code.
The president of the Court of first instance or the president of the commercial court may order the display of the order or the summary that he wrote during the time that it determines both to the inside and outside of the offender and institutions at the expense of it, as well as the publication of the order or the summary at the expense of the offender through the newspapers or in any other way.
Order is provisionally enforceable notwithstanding any route of appeal and without security.
Any decision is, in the eight, and the diligence of the clerk of the competent court, communicated to the Minister in charge of copyright unless the decision was made at his request. In addition, the clerk is required to inform without delay the Minister in charge of the appeal against any decision made under this section of copyright."
S. 3. in book XI of the Code of economic law, title 10, Chapter 1, it is inserted an article XI.337 as follows: "article XI.337. § 1. The commercial court of Brussels knows, even when the parties are not shopping, patent applications patent or supplementary protection certificate, regardless of the amount of the claim.
§ 2.
Is void any agreement contrary to the provisions of the preceding paragraphs.
The provisions of this article shall however not preclude to that disputes relating to the property for a patent or a patent, the validity or infringement of a patent or the determination of the compensation referred to in article XI.35 and those relating to other than compulsory licenses patent licenses be brought before arbitral tribunals.
§
3. "The provisions of paragraphs 1 to 2 shall apply mutatis mutandis to supplementary certificates of protection."
S. 4. in book XI of the Code of economic law, title 10, there shall be inserted a chapter 2, with article XI.339, worded as follows: "Chapter 2. -Jurisdiction rights of breeders s. XI.339. the commercial courts are familiar, even when the parties are not shopping, all requests for the application of title 3, regardless of the amount of the claim.
If the challenge was born during the administrative instruction of the application for the grant of the breeder's right, the Office may, at the request of a party to a judicial proceeding, suspend the law until the Court has ruled."
S.
5. in book XI of the Code of economic law, title 10, there shall be inserted a chapter 3, containing the articles XI.340 and XI.341, as follows: "Chapter 3. -Jurisdiction over transparency of copyright and neighboring rights art. XI.340. where in accordance with article XI.275, dispatch considers that rules perception, pricing or distribution are unfair or discriminatory and has not been given following the warning referred to in article XV.31/2, dispatch may apply to the Court of appeal of Brussels, serving as interim measures, an action to pronounce on the equitable and non-discriminatory rules concerned character.
The Court of appeal of Brussels has before it the substance of the dispute and has full jurisdiction.
The Judicial Code shall apply with regard to the procedure, unless the provisions of this chapter derogate.
S. XI.341. § 1. The Court of appeal of Brussels sitting as in interlocutory proceedings, has sole jurisdiction to hear appeals, introduced by any person establishing an interest, against: 1 ° decisions taken pursuant to article dispatch XI.275;
2 ° the decisions of the Minister or the officer specially designated for this purpose, referred to in article XV.66/2;
3 ° the decision of the FPS economy to impose an administrative penalty taken pursuant to articles XI.285 and XV.66/3.
The Court of appeal of Brussels has before it the substance of the dispute and has full jurisdiction.
§ 2. Under penalty of inadmissibility that can be pronounced ex officio by the Court of appeal of Brussels, the use referred to the § 1 is formed within a period of one month from notification of the decision or, for those interested that the decision should not be notified, within a period of one month from the date of publication in the Moniteur belge of the decision concerned by dispatch.

§ 3. The Judicial Code shall apply with regard to the procedure, unless the provisions of this chapter derogate.
§ 4. Except in cases where the appeal is directed against where the Minister or the officer specially designated for this purpose, which by virtue of articles XV.66/2, § 1, 3 ° and XV.66/3, § 1, imposes an administrative penalty, the appeal has no suspensive effect, but the Court may order, ex officio or at the request of either party, duly substantiated in the introductory quotation for instance the suspension of the contested decision.
The Court rules on the request for suspension no later than within ten days following the introduction of the cause, except in exceptional circumstances, related to respect for the rights of the defence, motivated by the Court.
§ 5. No later than the day of the introduction of the cause, dispatch communicates to the applicant and the Court a copy of the administrative record."
S.
6. in book XVII of the Code of economic law, title 1, Chapter 4, section 1, inserted a XVII.14 article as follows: "article XVII.14. § 1.
The president of the tribunal de commerce finds and orders the cessation of any infringement of an intellectual property right, except the right to patents including the law of supplementary certificates of protection, the law of copyright, neighbouring rights and the right of producers of databases.
§ 2. The president of the tribunal de commerce of Brussels finds and orders the cessation of any infringement of the patent law, including the law of supplementary certificates of protection.
§ 3. The president of the Court of first instance and the president of the tribunal de commerce in materials which are respectively the jurisdiction of these courts recognize the existence and order the cessation of any infringement of copyright,

a neighbouring right or the right of a producer of databases.
§ 4. The president may also make an order for termination against intermediaries whose services are used by a third party to infringe a right referred to in paragraphs 1 to 3."
CHAPTER III. -Code judiciary art. 7. in the Judicial Code, it is inserted an article 605quinquies, worded as follows: "the Court of appeal hear actions and use transparency law of copyright and neighboring rights referred to in articles XI.340 and XI.341 of the Code of economic law."
S.
8. in article 633quinquies of the Judicial Code, inserted by the law of 10 May 2007 and as last amended by the Act of December 11, 2009, the following changes are made: 1 ° 1st paragraph, paragraph 1, is replaced by the following: "is alone competent to hear applications for intellectual property rights referred to in article 574 , 11 °, 14 °, 15 ° and 19 °, the tribunal de commerce of Brussels. ";
2 ° paragraph 1, paragraph 2, is replaced by the following: "exclusive jurisdiction to entertain the claims relating to the intellectual property rights referred to in article 574, 3 °, 16 °, 17 ° and 18 °, the commercial courts established in the seat of a Court of appeal.";
3 ° paragraph 2, paragraph 1, is replaced by the following: "Is alone competent to hear requests for the intellectual property rights referred to in article 574, 11 °, 14 °, 15 °, introduced on the basis of section 584, the president of the tribunal de commerce of Brussels.";
4 °, paragraph 2, subparagraph 2, is replaced by the following: "exclusive jurisdiction to entertain the claims relating to the intellectual property rights referred to in article 574, 3 °, 16 °, 17 ° and 18 °, introduced on the basis of section 584, the presidents of the commercial courts established in the seat of a Court of appeal";
5 ° paragraph 3, paragraph 1, is replaced by the following: "Is alone competent to hear applications for seizure counterfeiting under articles 1369bis/1, 1369bis/10, relating to the intellectual property rights referred to in article 574, 11 °, 14 ° and 15 °, the president of the tribunal de commerce of Brussels.";
6 °, paragraph 3, subparagraph 2, is replaced by the following: "are alone competent to hear applications for seizure counterfeiting under articles 1369bis/1, 1369bis/10, relating to the intellectual property rights referred to in article 574, 3 °, 16 °, 17 ° and 18 °, the presidents of the courts of commerce established at the seat of a Court of appeal in the jurisdiction of which operations" , or some of them, shall be carried out. ";
7 ° paragraph 4, paragraph 1, is replaced by the following: "has exclusive jurisdiction to hear and determine an action based on article XVII.14, §§ 1 and 2, code of economic law, aimed at the cessation of an act to infringe a right of intellectual property referred to in article 574, 11 °, 14 °, 15 °, the president of the tribunal de commerce of Brussels. ';
8 ° paragraph 4, paragraph 2, is replaced by the following: "are only having jurisdiction to determine an action based on article XVII.14, §§ 1 and 2, of the Code of economic law, aimed at the cessation of an act to infringe a right of intellectual property referred to in article 574, 3 °, 16 °, 17 ° and 18 °, the presidents of the courts of commerce established at the seat of a Court of appeal.".;
9 ° article is supplemented by a paragraph 7 as follows: "§ § 7 7" Alone is competent to hear actions and remedies on transparency of the law of copyright and neighboring rights referred to in articles XI.340 and XI.341 of the Code of economic law, the Court of appeal of Brussels. "."
CHAPTER IV. -Allocation of competencies art.
9. the King can coordinate the provisions of the Code of economic law, as that inserted by this law, with provisions that would have expressly or implicitly amended at the time where the coordination will be established.
To this end, it may: 1 ° modify the order, numbering and, in general, the presentation of the provisions to coordinate;
2 ° amend the references contained in the provisions to coordinate to put them in line with the new numbering;
3 ° amend the drafting of the provisions to coordinate to ensure consistency and to unify the terminology without that it can be infringed the principles embodied in these provisions.
Chapter V. - Entry into force art. 10. the King sets the date of entry into force of all or part of each of the articles of this Act and each of the provisions inserted by this law in economic law.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, April 10, 2014.
PHILIPPE by the King: the Minister of the economy and consumers, J. VANDE LANOTTE the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: 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: March 27, 2014.
Senate (www.senate.be): Documents: 5-2805 and 5-2806-2013/2014.
Annals of the Senate: April 3, 2014.