Law On The Integration Of Book Xi 'intellectual Property' In The Code Of Economic Law, And Bearing Insertion Of Definitions 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 définitions propres au livre XI dans les livres I, XV et XVII du même Code (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014011298&caller=list&article_lang=F&row_id=600&numero=694&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: 2014011298 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy April 19, 2014. -Law on the insertion of the book XI 'Intellectual property' in the Code of economic law, and on insertion of the book XI-specific definitions in the 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 78 of the Constitution.
CHAPTER II. -The Code of economic law art. 2. in book I, Chapter 2, of the Code of economic law, there shall be inserted a chapter 9 as follows: "Chapter 9. -Special book XI s. definitions I.13. the following definitions are applicable to the book XI: 1 ° Paris Convention: the Convention for the protection of industrial property, signed at Paris on 20 March 1883 and approved by the law of July 5, 1884, including each of its revised acts ratified by Belgium.
2 ° Bern convention: the Berne Convention for the protection of literary and artistic works of September 9, 1886, completed at Paris on May 4, 1896, revised at Berlin on November 13, 1908, completed at Berne on March 20, 1914 and revised at Rome on June 2, 1928, at Brussels on June 26, 1948, at Stockholm on July 14, 1967 and at Paris on 24 July 1971 done at Paris on 24 July 1971;
3 ° TRIPS Agreement: the agreement on Aspects of property rights intellectual affecting trade, which constitutes annex 1reC of the agreement establishing the WTO trade, signed at Marrakesh on 15 April 1994 and ratified by the Act of 23 December 1994;
4 ° World Trade Organization: the organization created by the agreement establishing the World Trade Organization, signed at Marrakesh on 15 April 1994 and ratified by the Act of 23 December 1994;
5 ° Office: the Office of intellectual property with the Service federal public economy;
6 ° database: a collection of works, data or other independent elements, arranged systematically or methodically and individually accessible by electronic means or otherwise;
7 ° technical measures: any technology, device or component which, in normal operation, is intended to prevent or limit in what concerns works or databases, acts not authorized by the holders of copyright or neighboring or producers of database rights or benefits.
S. I.14. the following definitions are applicable to the book XI, tracks 1 and 2: 1 ° cooperation treaty: the Treaty of cooperation on patents, done at Washington on June 19, 1970, and approved by the law of July 8, 1977;
2 ° the European patent convention: the Convention on the grant of European patents, done at Munich on 5 October 1973, approved by the law of July 8, 1977, as amended by the Act revising the Convention on the grant of European patents, adopted in Munich on November 29, 2000 and approved by the Act of April 21, 2007;
3 ° law of January 10, 1955: the law on the disclosure and implementation of inventions and trade secrets concerning territorial defence or State security;
4 ° European Patent Office: the European Patent Office under the European Patent Convention;
5 ° register: the register of patents of invention and the supplementary protection certificates;
6 ° collection: the collection of patents of invention and the supplementary protection certificates;
7 ° biological material: a material containing genetic information and is reproducing itself or being reproduced in a biological system;
8 ° microbiological process: any process using microbiological material, involving or performed upon or resulting in microbiological material.
9th essentially biological process for the production of plants or animals: method of obtaining of plants or animals consisting entirely of natural phenomena such as crossing or selection.
10 ° written: signs intelligible, signed and accessible suite, that can be consulted later, regardless of their support and their procedures for transmission;
11 ° signature: a handwritten or electronic signature. When the signature is electronic, the King determines the mechanisms assume that the identity of the signer and the integrity of the Act are guaranteed;
12 ° Regulation 1257/2012: Regulation No. 1257/2012 December 17, 2012 of the European Parliament and of the Council implementing enhanced cooperation in the field of the creation of a unitary protection conferred by a patent.
13 ° the European patent: a patent granted by the EPO patent ("EPO") in accordance with the rules and procedures laid down in the European Patent Convention, regardless of the fact that the patent enjoys or non unit under Regulation 1257/2012 effect.
14 ° with unitary effect European patent: European patent which is granted a unitary effect under Regulation 1257/2012;
15 ° without unitary effect European patent: European patent to which no unitary effect is conferred under Regulation 1257/2012;
16 ° the unified jurisdiction of the patent: the common to the Contracting States jurisdiction established by the agreement on the creation of a unified patent jurisdiction, signed February 19, 2013.
S. I.15. the following definitions are applicable to the book XI, title 3: 1 ° variety: a plant grouping within a single botanical taxon of the lowest rank known which answer or not fully to the conditions for the granting of a breeder's right may be - defined by the expression of the characteristics resulting from a given genotype or combination of genotypes, - distinguished from any other plant grouping by the expression of at least one of the said characters , and - considered as a unit with regard to its ability to be reproduced without change;
2nd constituent varietal: entire plants or parts of plants insofar as these parts can produce whole plant;
3 ° written: signs intelligible, signed and accessible suite, which can be consulted later, regardless of their support and their procedures for transmission.
S. I.16. the following definitions are applicable to the book XI, title 5: 1 ° Monitoring Service: the control service of the management companies of copyright and neighbouring rights from the Service federal public economy;
2 ° lawful user: a person who performs acts authorized by the author or permitted by law;
3 ° cable retransmission: retransmission simultaneous, unaltered and complete cable or a broadcast system by Ultrashort waves for reception by the public of an initial transmission, wireless or wired, including by satellite, of television or radio broadcasts intended for reception by the public;
4 ° dispatch: dispatch of copyright and neighbouring rights to Service federal public economy.
S. I.17. the following definitions are applicable to the book XI, title 7: 1 ° lawful user: the person who performs extraction and/or reuse acts authorized by the producer of the database or allowed by law;
2 ° a database producer: the natural or legal person who takes the initiative and assumes the risk of investments which are at the origin of the database;
3 ° extraction: a permanent or temporary transfer of all or a substantial part of the contents of a database to another medium by any means or in any form whatsoever; public lending is not an act of extraction;
4 ° reuse: any form of making available to the public of the whole or of a substantial part of the contents of the database by distribution of copies, by renting, by on-line or other forms of transmission. public lending is not an act of reuse."
S. 3. in the same Code a book XI shall be inserted, worded as follows: "book XI. -Property 1 title. -Patent for invention Chapter 1. -General art. XI.1er. this title does not affect the provisions of a treaty or a convention applicable in Belgium.
This implies inter alia full respect of the following international instruments: the Convention on biological diversity concluded at Rio on 5 June 1992, the agreement on aspects of the intellectual property rights affecting trade concluded in Marrakesh on 15 April 1994, the European Convention of 4 November 1950 human rights and the agreement on a unified patent of 19 February 2013 Court.
S.
XI. 2. This title, as well as title 3, transpose directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions.
Chapter 2. -The patent Section 1. -Provisions general article
XI.3. under the conditions and within the limits laid down in this title, he is granted under the name of "patents for invention", hereinafter referred to as "certificate" means a temporary exclusive right to prohibit third parties the exploitation of any inventions, in all fields of technology, which is new, involves an inventive step and is susceptible of industrial application.
Are patentable inventions new, involve an inventive step and susceptible of industrial application, even when they

focus on a product consisting of or containing biological material or a process to produce, handle or use biological material.
Biological material isolated from its natural environment or produced by means of a technical process may be the subject of an invention even if it previously occurred in nature.
S. XI.4. § 1. Are not considered as inventions within the meaning of article XI.3 including: 1) discoveries and scientific theories and mathematical methods;
(2) aesthetic creations;
(3) plans, rules and methods for the exercise of intellectual activities, playing games or in the field of economic activities as well as the computer;
(4) presentations of information.
§ 2. The provisions of paragraph 1 shall exclude the patentability of items listed in the said provisions when the patent application or the patent concerns only one of those elements, considered as such.
S. XI.5. § 1. Are not patentable: 1 ° plant varieties and animal breeds;
2 ° essentially biological processes for the production of plants or animals.
§
2. Inventions involving plants or animals shall be patentable if the technical feasibility of the invention is not confined to a particular plant variety or animal.
§
3. Paragraph 1, 2 °, does not affect the patentability of inventions which concern a microbiological or other technical process or a product obtained by such methods.

§ 4. Are not patentable inventions whose commercial exploitation would be contrary to ordre public or morality, including to protect the health and life of persons and animals or plants, or to prevent serious harm to the environment, the implementation of an invention cannot be considered as such merely because it is prohibited by a legal or regulatory provision.
§ 5. Under paragraph 4, are notably not patentable: 1 ° processes for cloning humans, i.e. any process, including techniques of embryo splitting, designed to create a human being with the same nuclear genetic information as another living or deceased human being;
2 ° the processes for modifying the germ line genetic identity of human beings;
3 ° the uses of human embryos for industrial or commercial purposes;
4 ° the processes for modifying the genetic identity of animals likely to cause them suffering without substantial medical benefit to man or animal, and also animals resulting from such processes.
§ 6. The human body, at the various stages of its formation and development, as well as the simple discovery of one of its elements, including the sequence or partial sequence of a gene, cannot constitute patentable inventions.
An element isolated from the human body or otherwise produced by a technical process, including the sequence or partial sequence of a gene, may constitute a patentable invention, even if the structure of that element is identical to that of a natural element.
The industrial application of a sequence or a partial sequence of a gene that serves as the basis of an invention must be disclosed in the patent application.
§ 7. Patents are not issued for methods of surgical or therapeutic treatment of the human or animal body and diagnostic methods applied to the body, human or animal. This provision is not applicable to products, particularly substances or compositions, for the implementation of one of these methods.
S. XI.6. § 1. An invention is considered new if it is not included in the State of the art.
§ 2. The State of the art consists of everything which has been made available to the public before the filing date of the patent application by a written description or oral, use or in any other way.
§ 3. Shall also be considered as in the State of the art content: 1 ° of the Belgian patent applications;
2 ° the European patent applications;
3 ° or international patent applications for which the European Patent Office is a designated office and for which the applicant has completed within the deadline prescribed the conditions laid down in article 153 (3) or (4) of the Convention on the European patent as the case may be, and to rule 159 (1) of the implementing regulations to the European Patent Convention as they were filed, which have a filing date earlier than that referred to in paragraph 2 and which were published only on that date or at a later date.
§ 4. The provisions of paragraphs 2 and 3 shall not exclude the patentability of any substance or composition comprised in the State of the art for the implementation of a method referred to in article XI.5, § 7, provided that its use for any of these methods is not included in the State of the art.
§
5. The provisions of paragraphs 2 and 3 shall not exclude the patentability of a substance or composition referred to in paragraph 4 for any specific use in a method referred to in article XI.5, § 7, provided that this use is not comprised in the State of the art.

§ 6. A disclosure of the invention is not taken into account for the establishment of the State of the art if it occurred no earlier than six months before the filing of the patent application and if resulting directly or indirectly: a) of an evident abuse in relation to the applicant or his legal predecessor, or b) the fact that the applicant or his predecessor in title has exhibited the invention in official or officially recognized exhibitions within the meaning of the Convention relating to international exhibitions, signed at Paris on 22 November 1928, and on condition that the applicant States, when filing the application, that the invention was actually exposed and to produce proof in support of its declaration within the time limit and under the conditions laid down by the King.
S.
XI.7. an invention is considered as involving an inventive step if, to a man skilled in the art, it is not an obvious way to the State of the art. The documents referred to in article XI.6, § 3, are not taken into account for the assessment of inventive step.
S.
XI.8. an invention shall be considered susceptible of industrial application if it can be made or used in any kind of industry, including agriculture.
Section 2. -The right to obtain a patent of invention art. XI.9. the right to the patent belongs to the inventor or his successor in title.
If several people have made the invention independently of the other, the right to the patent belongs to person who filed the patent application has the earliest filing date.
In the procedure before the Office, the applicant is deemed authorised to exercise the right to the patent.
S. XI.10. § 1. If a patent has been sought for an invention subtracted to the inventor or to his successors, or in breach of a legal or contractual obligation, the injured party may, without prejudice to any other rights or actions, claim the transfer of the application or the patent granted as owner.
§ 2. If the injured person is entitled only to a part of the application or the patent granted, it may, in accordance with paragraph 1, claim the transfer as a co-owner.

§ 3. The rights referred to in paragraphs 1 and 2 must be exercised no later than two years after the grant of the patent. This provision does not apply if the proprietor of the patent knew, at the time of the issuance or acquisition of the patent, that he was not entitled to the patent.

§ 4. The introduction of a judicial demand subject to registration in the register. Are also registered the decision entered into force of res judicata on the demand for justice or just dropping it. These inscriptions are held at the intervention of the clerk of the court seised, on request of the applicant or any interested party.
S. XI.11. § 1. When a complete change of ownership of a patent application or of a patent is reached as a result of a claim referred to in article XI.10, § 4, licences and other rights shall lapse with the entry of the person entitled in the register.
§ 2. If, before registration of the introduction of the demand for justice, a) the holder of the patent application or of the patent has used the invention in Belgium or made effective and serious to this end, preparations or if b) the licensed dealer has acquired and has exploited the invention on Belgian territory or because of the effective and serious preparations for this purpose they can continue this operation, provided they ask a non-exclusive licence to the new owner of the patent application or of the patent register. They have to do this, the time limit prescribed by the King. The licence shall be granted for a period and on reasonable terms.
§ 3. The preceding paragraph is not applicable if the holder of the patent application or of the patent or the licensee was in bad faith at the time of the beginning of the holding or the preparations have been made for this purpose. S.
XI. 12. The provisions of articles XI.10 and XI.11 are applicable when the dispute concerning the ownership of a patent application or of a patent is brought before an arbitral tribunal.
S.
XI.13. the inventor is mentioned in the patent, except request otherwise and express on his part.
The

King determines the terms and deadlines for transmission to the Office of a request referred to in the preceding paragraph.
Section 3. -Of the grant of the patent art. XI.14. every person who wishes to obtain a patent for an invention is required to file an application. This application must comply with the conditions and forms established by this title and the King.
S. XI.15. without prejudice to the application of the provisions of Chapter 3 of this title, the filing of the patent application is made to the Office, either in person or by mail, or in any other manner determined by the King.
A receipt drawn up free of charge by the officer of the Executive Agency for this purpose by the Minister, finds each deposit stating the day of the receipt of the documents. The receipt is notified to the applicant or his representative according to the rules laid down by the King.
S. XI.16. § 1. The patent application shall contain: 1 ° a request for grant of a patent addressed to the Minister.
2 ° a description of the invention;
3 ° one or several claims;
4 ° the drawings refer the description or the claims;
5 ° one short;
6 ° an indication of the geographical origin of the biological material of plant or animal origin from which the invention has been developed, where it is known. The King may lay down the conditions and the applicable implementing measures;
7 ° the designation of the inventor or the request referred to in article XI.13, paragraph 1.
§ 2. Any patent application gives rise to the payment of the filing fee; proof of payment of this fee must reach the Office no later than one month after the filing of the application.
S. XI.17. § 1. Provided that they satisfy the provisions of article XI.15 and subject to the provisions of paragraphs 4 to 9, the date of filing of the patent application is the date on which the Office received all of the following elements on the part of the applicant: 1 ° an indication explicit or implied that the elements are intended to constitute a patent application;
2 ° the indications allowing the identity of the applicant and allowing the Office to contact
3 ° a party which at first glance appears to be a description.
§ 2. For the purposes of the filing date, a drawing is accepted as an element referred to in paragraph 1, 3 °.
§
3. If the items referred to in paragraph 1, 1 ° and 2 °, are not filed in the language referred to in the laws on the use of languages in administrative matters coordinated on 18 July 1966, paragraph 5 shall apply.
By way of derogation to the laws on the use of languages in administrative matters coordinated July 18, 1966, the part referred to in paragraph 1, 3 °, may be filed in any language for the purposes of the filing date.

§ 4. When the application does not fulfill one or more of the conditions laid down in paragraph 1, the Office shall notify the applicant at the earliest possible opportunity and offered him the possibility to comply with these requirements and to make observations within a time limit fixed by the King.

§ 5. Where the application as initially filed does not meet one or more of the conditions laid down in paragraph 1, the filing date shall, subject to the provisions laid down in paragraph 2 and in paragraph 7, the date on which it will have satisfied all conditions laid down in paragraph 1.
If it is not satisfied with an or several conditions referred to in paragraph 1 within the deadline set by the King, the demand is deemed not to have been filed. When the application is considered not to have been filed, the Office shall notify the applicant by indicating the reasons.
§ 6. Where, in establishing the filing date, the Office finds that a part of the description appears to not be included in the application or that the application refers to a drawing which does not seem to be included in the application, it shall notify the applicant promptly.

§ 7. When a missing part of the description or a missing drawing is filed with the Office within the time limit prescribed by the King, this part of the description or that drawing is embedded at the request, and subject to the provisions of paragraphs 2 and 3, the date of filing is the date on which the Office has received that part of the description or that drawing , the date on which all the conditions laid down in paragraphs 1 and 2 are fulfilled, whichever of these two dates which is later.
When the missing part of the description or missing drawing is filed with the Agency pursuant to the provisions of paragraph 1 so as to regularize an incomplete application which, at the date on which one or more elements referred to in paragraph 1 (a) was received by the Office, claims the priority of an earlier application, the filing date shall, on request of the applicant filed within the time limit fixed by the King subject to the conditions prescribed by the King and subject that missing items added later are contained in the priority document, the date to which it has met all the conditions laid down in paragraphs 1 and 2.
When the missing part of the description or drawing filed pursuant to the provisions of paragraph 1 is then removed within the time limit set by the King, the filing date is the date to which it has met all the conditions laid down in paragraphs 1 and 2.
§ 8. Subject to the conditions laid down by the King, a reference, made in the filing of the application, to a previously filed application replaces, for the purposes of the filing date of the application, the description and any drawings.
Is it did not meet the conditions referred to in paragraph 1, the request is deemed not to have been filed. In this case, the Office shall notify the applicant indicating the reasons.

§ 9. When all conditions referred to in paragraph 1 are met, the Office shall communicate to the applicant filing date that is assigned to the application.
§ 10. No provision of this article does not limit the right of an applicant under article 4 G, 1) or 2), of the Paris Convention to preserve, as the date of a divisional application referred to in that article, the date of the initial application referred to in that article and, is there is the benefit of the right of priority.
S. XI.18. § 1. The patent application must contain a description of the invention sufficiently clear and complete to enable the skilled person to implement.
When an invention is based on biological material not available to the public and which can be described in the patent application to enable a skilled person to carry out the invention or involves the use of such material, the description for the application of the patent law, shall be deemed sufficient that if the biological material was filed no later than the day of the filing of the application with a recognized depositary institution and if the requirements laid down
by the King are met.
If nucleotide or amino acid sequences are disclosed in the patent application, the description shall contain a list of these sequences. The King may determine the form in which these sequences must be described.
§ 2. The claims shall define the subject of the protection sought. They must be clear and concise and be supported by the description.

§ 3. Drawings are attached if they are necessary for the understanding of the invention.

§ 4. The abstract accompanied, if necessary, of a drawing is used exclusively for purposes of technical information; It cannot be taken into account for any other purpose. It may be subject to the control of the Office.
S. XI.19. § 1. The patent application shall relate to an invention or to a group of inventions linked so that they form a single general inventive concept.
§ 2. Any application which does not meet the conditions of paragraph 1 shall, within the period prescribed by the King, being limited to one invention only or to a single general inventive concept within the meaning of paragraph 1, be divided so that the initial patent application and the divisional applications have each designed a single invention or a single general inventive concept within the meaning of paragraph 1.

§ 3. A limited or divisional application may be filed only for elements that extend beyond the content of the original application as filed. Insofar as this requirement is satisfied, the limited or divisional application shall be considered as filed on the date of filing of the original application and, if applicable, benefits from the right of priority of the original application.

§ 4. The applicant may, on his own initiative, limit its request or file a divisional application within the time limit prescribed by the King.
If the patent application has been the subject of a search report citing a lack of unity of invention within the meaning of paragraph 1, and where the applicant does not perform nor a limitation of its application or a filing of a divisional application in accordance with the results of the search report, the patent shall be limited to the claims for which the search report was established.
§ 5. May be rejected any patent application which has not been limited or divided in accordance with the provisions of this article.
S. XI.20. § 1. The applicant of a patent, who wants to take advantage of the priority of an earlier application provided by the Paris Convention or the TRIPS Agreement, is required to file a declaration of priority and a copy of the earlier application under the conditions and time limits laid down by the King.
When the declaration of priority, the applicant for a patent may also, instead of producing a copy of

the previous patent application, refer to a database that is designated by the King.
Without prejudice to the application of international agreements in this area, the earlier filing may be constituted by a first regular filing of a patent application in one of the States party to the Paris Convention or the World Trade Organization, a regional patent application or an international application for patent.
The right of priority attached to a deposit made in a State which is not party to the Paris Convention may be claimed under the conditions and with effects equivalent to those provided for in this Convention, when that State grants, under an international agreement, on the basis of a first filing of a Belgian patent application a European patent application or an international application for patent, a right of priority under conditions and having effects equivalent to those provided for in the Paris Convention.

§ 2. The applicant of a Belgian patent shall also enjoy a priority equivalent to that referred to in paragraph 1 if it produced in the conditions and time limits set by the King, a declaration of priority on the basis of an earlier Belgian patent application and a copy of the Belgian earlier application.
During the declaration of priority, the applicant for a patent may also refer to a database that is designated by the King.
§ 3. Multiple priorities may be claimed for a patent application even if they come from different States. Where appropriate, multiple priorities may be claimed for a same claim. If multiple priorities are claimed, time limits which have starting point for the priority date shall be calculated from the date of the earliest priority.
§ 4. When one or more priorities are claimed for a patent application, the right of priority covers the elements of the patent application that are contained in the application or applications whose priority is claimed.

§ 5. If certain elements of the invention for which priority is claimed do not appear among the claims formulated in the previous application, it is sufficient, so that priority can be given, that all the documents of the previous application reveals a way accurate those components.
§ 6. By the effect of the right of priority, the priority date is considered as the filing of the patent application for the purposes of article XI.6, §§ 2 and 3.
§ 7. The King may submit the claim to a right of priority to a fee to be paid within the period and under the terms laid down by him.
If the King fixed the tax under paragraph 1, non-payment of the tax in the time limits and conditions provided under the 1st paragraph leads to right, for the patent application concerned, the loss of the right of priority.
For the eventual establishment of the tax, and the determination of the amount of the fee applicable, the King at least takes account of the following criteria: 1 ° access to the Belgian system of patents; and (2) the ratio between the cost of management for the Office of the fee referred to in paragraph 1, and the revenue generated by this tax.

§ 8. Except in the cases determined by the King, a correction of a priority claim or the addition of such a claim to an application ("the subsequent application") is authorized if: 1 ° a query for this purpose is submitted to the Office in accordance with the conditions laid down by the King.
2 ° the request is made within the period fixed by the King;
3 ° the date of filing of the subsequent application is not later than the date of expiration of the priority period calculated from the filing date of the earliest application whose priority is claimed.
The query cannot be fully or partially rejected without either given the applicant the opportunity to submit observations on the intended refusal within a time limit fixed by the King.
§
9. When an application ("the subsequent application") which claims or could have claimed the priority of an earlier application has a filing date that is later than the date of expiration of the priority period, but within the time limit set by the King, the Office shall restore the right of priority if: 1 ° a query for this purpose is submitted to the Office in accordance with the conditions laid down by the King.
2 ° the request is made within the period fixed by the King;
3 ° the request States the grounds for which the priority period has not been respected;
4 ° the Office notes that, within the priority period, the subsequent application was filed even though the care required by the circumstances having been taken.
The query cannot be fully or partially rejected without either given the applicant the opportunity to submit observations on the intended refusal within a time limit fixed by the King.
§ 10. Where a copy of an earlier application as evidence of priority is not furnished to the Office within the time limit prescribed by the King, the Office shall restore the right of priority, if: 1 ° a request to that effect is submitted to the Office in accordance with the conditions prescribed by the King;
2 ° the request is made within the period prescribed by the King for the delivery of the copy of the earlier application;
3 ° the Office noted that, within the time limit prescribed by the King, the copy to be provided had been requested from the office with which the earlier application was filed;
4 ° a copy of the earlier application is furnished within the time limit prescribed by the King.
The query cannot be fully or partially rejected without either given the applicant the opportunity to submit observations on the intended refusal within a time limit fixed by the King.
§ 11. The filing of a request under paragraphs 8, 9 and 10 gives rise to the payment of the fee fixed by the King.
The request referred to in paragraphs 8, 9 and 10 is without effect if the fee referred to in paragraph 1 has not been paid within the period laid down by the King.
S.
XI.21. § 1. When the patent application meets the conditions laid down in article XI.17 but not to other legal or regulatory requirements, the Office shall notify the applicant, giving the opportunity to regularize his request and to make observations within the time limit fixed by the King and on payment of the prescribed fee.
The expiration of this time limit, the unregulated application is deemed withdrawn.
When it is not satisfied within the time fixed by the King to a condition related to a claim of priority, the priority claim is, subject to the provisions of article XI.20, §§ 8 to 11, deemed non-existent.
§
2. When the patent application meets the conditions laid down in article XI.17 but not to other legal or regulatory requirements, the applicant is entitled, even if it is was not invited by the Agency in accordance with paragraph 1, proceed to the regularisation of the application also long that the patent has not been granted and on payment of the prescribed regularization fee.

§ 3. When the applicant has not fulfilled the tax of filing of the application referred to in article XI.16, § 2, the Agency invited to pay this tax and a surcharge within the period fixed by the King. The expiry of this time limit, the application for which the fee referred to in article XI.16, § 2, remained unpaid shall be deemed withdrawn.
§ 4. The effects of the patent application shall be deemed null and void where the patent application has been withdrawn or rejected under a decision which is no longer subject to appeal. This provision is without prejudice to the provisions of the Paris Convention relating to the acquisition of the right of priority.
S.
XI.22. the patent applicant may on its own initiative, within the conditions and time limits laid down by the King, correct expression or transcription errors.
The King may fix a fee for rectification referred to in paragraph 1.
For the eventual establishment of the tax, and the determination of the amount of the fee applicable, the King at least takes account of the following criteria: 1 ° access to the Belgian system of patents;
2 ° the ratio between the cost of management for the Office of the fee referred to in paragraph 1, and the revenue generated by this tax.
and 3 ° the accountability of the patent applicant.
S. XI.23. § 1.
The patent application may be amended during the procedure before the Office or before the courts, in accordance with the law and the orders of execution.
§ 2. The patent application gives rise to the establishment of a search report on the invention.
It comes with a written opinion on the patentability of the invention under the cited documents, for information to the applicant.
This opinion is accessible to third parties in the folder of the granted patent.
§ 3. The search report and the written opinion are established by an intergovernmental body designated by the King.
This report and the written opinion are established on the basis of the claims, taking into account the description and, where appropriate, the drawings. They cite the State of the art elements that can be taken into account to assess the novelty and inventive step.
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4. The applicant is required to pay a search fee, which includes the cost of delivery of the written opinion referred to in paragraph 2, within the time and according to the criteria laid down by the King.
The difference between the amount of the fee to be paid to the intergovernmental organization referred to in paragraph 3, paragraph 1, for the provision of research reports and the search fee is supported by the State.
Patent application ceases to have effect if the tax

research is not paid within the time limit referred to in paragraph 1.
§
5. The Office notifies the applicant of the approach of the end of the period within which it must pay the search fee and of the consequence resulting from the absence of payment of this fee. A copy of the warning is transmitted by the Office to the usufructuary, pledgee or typing and the licensee entered in the register.
A copy of the warning is also transmitted by the Office to the person whose the action to claim the patent application has been recorded in the register.
By way of derogation from the provision of paragraph 4 of this article, the claimant may pay the search fee within the period specified in that paragraph. If the holder of the patent application also pays this fee, the Office shall refund to the claiming the tax paid by the latter.
In case of rejection or abandonment of the action to claim the claimant has paid the search fee may claim reimbursement of this tax to the agency or to the holder of the patent application when this holder has refrained from paying the tax.
Warnings and copies are sent by the Office to the last address known to interested parties. Failure to send or receive these warnings and copies does not exempt from the payment of the search fee within the prescribed period;
It can be invoked in justice or respect the Office.
§ 6. The Agency communicates the search report and the written opinion to the applicant who may file a new wording of the claims and the abstract. The applicant who has filed a new claim drafting changes the description to implement the agreement with the new claims.
The applicant may also file, for informational purposes, comments written about the written opinion has been communicated to him.
The patent application cannot be changed in a way such that its subject matter extends beyond the content of the application as originally filed.
The King establishes the requirements and deadlines for the amendment of the claims, description and the abstract referred to in this paragraph.
§ 7. The King sets the conditions and deadlines for the preparation of the search report and of the written opinion, for the submission of comments and for the amendment of the claims, description and abstract.
§ 8. If the invention, subject matter of the patent application, is subject to the provisions of the law of January 10, 1955, the procedure laid down in this article cannot be hired until the lifting of secrecy on the invention.

§ 9. The King may decide that, if a search report and opinion written that accompanies it, established by the intergovernmental organization referred to in paragraph 3, concerning an invention identical to that for which a patent application is filed in Belgium, has been requested before the expiration of the time limit for payment of the search fee referred to in paragraph 4, in the procedure for the grant of a patent Belgian or foreign national or regional, or in the procedure of an international patent application, the search report and the written opinion may, under the conditions laid down by him, be used, at the request of the applicant, in the Belgian patent granting procedure.
§ 10. On request of the applicant addressed to the Office within the time limit referred to in paragraph 4, the Agency shall submit the invention, subject matter of the patent application, international type search under article 15, paragraph 5, a) of the cooperation treaty. This research is deemed to constitute the search on the invention referred to in paragraph 2 of this article.
The King may fix a fee to be paid within the time and according to the criteria laid down by the King, for the presentation of the request referred to in paragraph 1.
If the King fixed the tax under paragraph (2), failure to pay the fee in the time limits and conditions provided under paragraph 2, a result that the query is full deemed not to have been filed.
For the eventual establishment of the tax, and the determination of the amount of the fee applicable, the King at least takes account of the following criteria: 1 ° access to the Belgian system of patents; and 2 ° the report between the cost of management for the Office of the fee referred to in paragraph 2, and the revenue generated by this tax.
S. XI.24. § 1. Subject to the provisions of article XI.47, § 2, the formalities prescribed for the grant of the patent shall be punished by a ministerial order. This order is the patent.

§ 2. The order is issued as soon as possible after the expiry of a period of eighteen months from the date of filing of the patent application or, if the right of priority has been claimed in accordance with the provisions of article XI.20, from the date of the earliest priority stated in the declaration of priority.
On request of the applicant, the order is issued before the expiry of the time limit set in paragraph 1 as soon as the formalities prescribed for the granting of the patent.
§ 3. Without prejudice to paragraph 2 and the provisions of the law of January 10, 1955, the Agency shall make publicly accessible patent application upon the expiry of the period of 18 months referred to in paragraph 2, paragraph 1. The King lays down the procedures according to which the application is made available to the public.
The applicant who does not wish that his application be made accessible to the public filing with the agency within the deadline set by the King, a motion to withdraw its application. The King fixed the detailed rules for this query.
Upon request made to the Office by the applicant or, where appropriate, by the usufructuary, demand is made available to the public before the time limit referred to in paragraph 2, paragraph 1. Mention that demand is made available to the public is made in the register.
§ 4. The granting of patents is done without prior examination of the patentability of inventions, without guarantee of the merit of inventions or the accuracy of the description of these and the risks and perils of applicants.
The written opinion referred to in article XI.23, § 2, does not bind the Office and cannot stand as an examination of the patentability of the invention.
§ 5. Without prejudice to the application of the provisions of the law of January 10, 1955, mention of the grant of the patent is made to the registry.
S. XI.25. § 1. The date of the grant of the patent, subject to the application of the provisions of the law of January 10, 1955, the file of the patent is made available to the public at the Office. From this date, copy can be obtained in the conditions and in the forms laid down by the King.
The folder of the granted patent contains all information and parts relating to the proceedings for grant of the patent, useful for information of the public and, in particular, the ministerial order of grant of the patent, the description of the invention, the claims, any versions initials of the claims, the drawings referred to in the description, the search report on the invention, the written opinion, as well as where appropriate, the comments, the new wording of the claims, the amended description and documents relating to the claim of the right of priority under the Paris Convention.
§ 2. The application referred to in article XI.24, § 3, paragraph 2, is not made available to the public when this application has been withdrawn or deemed withdrawn before the end of the seventeenth month from the date of filing of the patent application or, if priority is claimed in accordance with the provisions of article XI.20, from the earliest priority stated in the declaration of priority , or at a later date where it is still possible to prevent the publication of the patent application.
§ 3. The following items are excluded from the record subject to public inspection: 1 ° medical certificates;
and 2 ° the indication of the inventor if it has filed a request to that effect in accordance with article XI.13, and this query.
§ 4. The King may determine other documents which, by way of derogation from paragraph 1, are excluded from the record subject to public inspection.
§ 5. The folder excluded from public inspection parts are kept separately.
S. XI.26. the exclusive right referred to in article XI.3 takes effect from the day where the patent is made available to the public.
S. XI.27. § 1.
The procedures for maintenance of the register shall be determined by the Minister. Reference is made to the compendium of entries made in the register. The register is open to public inspection at the Office.

§ 2. The Office ensures the full publication of granted patents and patent modified pursuant to articles XI.55, XI.56 and XI.57. Bibliographic data of these patents are published in the reports and made available to the Agency's headquarters as well as on the web site of the Office.
The King sets the terms of subscription to the collection.
Section 4. -Rights and obligations attached to the patent and patent application art. XI.28. the extent of the protection conferred by the patent shall be determined by the claims. However, the description and the drawings are used to interpret the claims.
For the determination of the extent of the protection conferred by the patent, it is given to any equivalent to an element specified in the claims.
If the subject matter of the patent concerns a process, the rights conferred by the patent extend to the products obtained directly by this process.
S. XI.29. § 1.
The patent confers the right to prevent all third parties, in the absence of the consent of the proprietor of the patent:

(a) the manufacture, supply, upgrading in trade, use or importation or possession for these purposes of the product covered by the patent;
(b) the use of a process object of the patent or, when the third party knows, or where the circumstances make it obvious that use of the process is prohibited without the consent of the patent holder, its use on Belgian territory on offer;
c) offering, putting in trade, use or importation or possession for these purposes the product obtained directly by the process covered by the patent.

§ 2. The patent gives also the right to prevent all third parties, in the absence of the consent of the patent holder, delivery, or delivery offer on Belgian territory, to one person other than those entitled to exploit the patented invention, with means of implementation, that territory, of this invention relates to an essential element thereof, when the third party knows or where the circumstances make it obvious that these means are suitable and intended for this update in artwork.
The provisions of the preceding paragraph shall not apply when the means of implementation are products that are commonly commercially, except when the third party induces the person to whom he delivers to commit acts prohibited by paragraph 1.
Are not considered persons entitled to exploit the invention within the meaning of paragraph 1 of this paragraph those who carry out the acts referred to in article XI.34, § 1(a)) c).
S. XI.30. § 1. The protection conferred by a patent on a biological material possessing due to the invention of certain properties extends to any biological material derived from that biological material by reproduction or multiplication form identical or differentiated and endowed with the same properties.
§ 2. The protection conferred by a patent on a process for producing a biological material possessing the result of the invention, of certain properties shall extend to biological material directly obtained through that process and to any other biological material derived from the biological material directly obtained by reproduction or multiplication in identical form or differentiated and possessing those same characteristics.
S.
XI.31. the protection conferred by a patent on a product containing or consisting of genetic information genetic information shall extend to all material, subject to article XI.5, § 6, paragraph 1, in which the product is incorporated and in which the genetic information is contained and performs its function.
S. XI.32. the protection referred to in articles XI.30 and XI.31 does not extend to biological material obtained by reproduction or multiplication of biological material placed on the market in the territory of a Member State of the European Union by the holder of the patent or with his consent, where the reproduction or propagation necessarily results from the use for which the biological material was put on the market provided that the resulting material is not used then for other reproduction or multiplication.
S. XI.33. § 1.
By way of derogation from articles XI.30 and XI.31, the sale or any other form of marketing of reproductive material plant by the holder of the patent or with his consent to a farmer for farming purposes implies for permission to use the product of his harvest for reproduction or multiplication by him on his own farm, the extent and the conditions of this derogation corresponding to those provided for in article 14 of Regulation (EC) No 2100/94 of the Council of 27 July 1994 establishing a system of Community protection of plant varieties.

§ 2. By way of derogation from articles XI.30 and XI.31, the sale or any other form of marketing of farmed animals or other animal reproductive material by the holder of the patent or with his consent to a farmer imply for the permission to use livestock protected for farm use.
This includes provision of the animal or other animal reproductive material for the continuation of his agricultural activity, but not the sale in the framework or the purpose of a commercial reproduction activity.
The extent and the conditions of that derogation correspond to those laid down in the regulation concerning the achievement of animal breeds.
S. XI.34. § 1. The rights conferred by the patent do not extend: has) to acts performed in a private setting and for non-commercial purposes;
(b) to acts done for scientific purposes on or with the object of the invention patented;
(c) the preparation of medicines made extemporaneously and per unit in medical prescription, pharmacy dispensaries, or acts concerning the medicine so prepared;
(d) to use on board vessels of countries of the Paris Union for the protection of industrial property other than Belgium, of the object of the patented invention, in the body of the vessel, in the machinery, tackle, gear and other accessories, when such vessels enter temporarily or accidentally enter the waters of the Belgium, on condition that such object is used exclusively for the needs of the vessel;
(e) to the use of the object of the invention patented in the construction or the operation of equipment of locomotion air or land of the countries of the Paris Union for the protection of industrial property other than Belgium, or of accessories of such gear, when they enter temporarily or accidentally on Belgian territory;
(f) to the acts provided for by article 27 of the Convention of 7 December 1944 on international civil aviation, where these acts concern the aircraft of one State, other than the Belgium, benefiting from the provisions of this article.
§ 2. The rights conferred by the patent do not extend to acts concerning the product covered by the patent, made on Belgian territory, after that this product was put on the market in Belgium by the holder of the patent or with his express consent.
S. XI.35. § 1. Reasonable compensation, fixed according to the circumstances, may be required by the applicant for patent of any third party who has made the invention, between the date on which the patent application was to be made available to the public under article XI.24, § 3, be filed in copy to the interested party, and the date of grant of the patent, a holding that , after that period, would be prohibited under the patent. The extent of the protection thus conferred on the patent application is determined by the claims which have been the subject of the publication referred to in article XI.24, § 3, or, where appropriate, by the most recent claims filed to the Agency contained in the third copy.
§ 2. The copy to the interested party referred to in paragraph 1 shall be certified by the Agency.
§ 3. Failing agreement between the parties, the compensation is fixed by the Court. It can also impose the measures it deems necessary to safeguard the interests of the plaintiff of patent and the third.
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4. After the grant of the patent, the third party may claim restitution of the compensation paid insofar as the final drafting of claims has restricted the scope of claims that served as basis for the determination of the compensation.
§ 5. The action for damages and the claim for restitution are prescribed by five years respectively from the termination of the exploitation of the invention and the date of grant of the patent.
§ 6. The usufructuary of the patent application may rely on the provisions of this article.
S. XI.36. § 1.
Any person who before the date of filing or priority of a patent, used or possessed in good faith on Belgian territory the invention, subject matter of the patent, is entitled, in a personal capacity, to exploit the invention despite the existence of the patent.
§ 2. The rights conferred by the patent do not extend to acts concerning the product covered by the patent made on Belgian territory after this product was put on the market in Belgium by a person who has the right mentioned in paragraph 1.
§ 3. The rights recognized in the present article cannot be transmitted with the undertaking to which they are attached.
S. XI.37. § 1. The Minister may grant a licence of exploitation of an invention covered by a patent in accordance with articles XI.40 to XI.42: 1 ° after a period of four years from the date of filing of the patent application, or for three years from the grant of the patent, the time limit which expires later before be applied, has elapsed without that the patented invention is exploited by import or manufacture serious and continuing in Belgium and without the the patentee justifies his inaction by legitimate excuses.
In the case of a patent application for a machine, the serious and continuous manufacture in Belgium by the holder of the patent for products obtained using this machine can be considered as being worth exploitation of the patented invention in Belgium when this manufacturing appears more important to the economy of the country than the machine itself.
A compulsory licence for lack or insufficiency of exploitation will be granted only on condition that the licence be granted mainly for the supply of the national market.
2 ° when an invention covered by a patent owned by the applicant for the licence cannot be exploited without infringing the rights attached to a patent of a

filing earlier and provided that the dependent patent allows an important technical advance of considerable economic interest compared with the invention claimed in the dominant patent and licence should be granted mainly for the supply of the domestic market;
3 ° where a breeder cannot acquire or exploit a plant variety right without infringing a prior patent, insofar as the licence is necessary for the exploitation of the plant variety to protect and provided that the variety represents significant technical progress of considerable economic interest compared with the invention claimed in the patent and provided that this license is granted mainly for the supply of the domestic market;
4 ° the holder of a plant variety right, when the holder of a patent concerning a biotechnological invention, in accordance with the provisions of the Act on the protection of new varieties of plants, obtained a compulsory licence for non-exclusive exploitation of the plant variety protected by that plant variety right because it can exploit the biotechnological invention without infringing this prior plant variety right and provided that this license is granted mainly for the supply of the national market.
In the case of such semiconductors technology as defined in directive 87/54 of 16 December 1986 Council, the licences referred to in 1 ° and 2 ° of the present paragraph may be granted only if they are intended to remedy a practice determined after judicial or administrative process that it is anti-competitive.
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2. The licence applicant must establish: 1) in the cases referred to in the preceding paragraph: a) that the holder of the patent falls within the ambit of any of those provisions;
(b) that he unsuccessfully addressed to the holder of the patent for a licence agreement;
2) in addition, if the licence is claimed pursuant to 1 ° of the preceding paragraph, it would have, in the case where the licence would be granted to him, of the means necessary to ensure a serious and continuous manufacture in Belgium according to the patented invention.
§ 3. Any action for infringement of an invention covered by a patent which a compulsory licence is sought and brought against the applicant of a such licence shall suspend the procedure for the granting of the licence to the time the judgment or the judgment acquires force of res judicata. If the infringement is established, the compulsory licence application is rejected.

§ 4. Is reserved for the application of the laws providing for licensing of patented inventions in special materials, including national defence and nuclear energy.
S.
XI.38. § 1. In the interest of public health, the King may, by Decree deliberated in the Council of Ministers, exploitation and application of an invention covered by a patent license for: has) a drug, medical device, a medical device or a product of diagnosis, therapeutic derivative or combined;
(b) the method or the necessary product for the production of one or more of the products mentioned under a);
(c) a method of diagnosis applied outside the human or animal body.
§ 2. The applicant for the compulsory licence must establish that it has, where the compulsory license would be granted to him, means or fair intend to secure the means which are necessary for the manufacture and/or serious enforcement and continues in Belgium of the patented invention.
§ 3. Any procedure concerning an action for infringement of an invention covered by a patent for which you requested a compulsory license for reasons of public health, which is brought against the applicant for such a licence is suspended in what the question of counterfeiting to the time a decision on compulsory licensing is made by the King in accordance with paragraph 1.

§ 4. The licences granted pursuant to this section are not exclusive.

§ 5. The compulsory license may be limited in time or with respect to its scope.

§ 6. The applicant for a compulsory licence shall submit its application to the Minister and shall send a copy thereof to the Bioethics Advisory Committee.
The Minister forwards the request within a period of ten days to the Bioethics Advisory Committee. During the same period, the Minister shall inform the holder of the patent which is the subject of an application for a compulsory licence, the content of the request and invited him to make known its point of view concerning possible of a compulsory licence as well as its comments relating to reasonable compensation in the event that a compulsory licence would be granted within a period of one month to the Advisory Committee of bioethics with a copy itself.
The Bioethics Advisory Committee submits to the Minister an opinion reasoned and non binding on the merits of the request.
Within a period of three months after receipt of the opinion of the Advisory Committee of bioethics, the Minister submits, for deliberation in the Council of Ministers, a draft royal decree motivated on the merits of the request. The Minister also submits a proposal for remuneration to the holder of the patent.
If the King decides, pursuant to paragraph 1, to grant the compulsory license, if any, determines by order deliberate in Council of Ministers, the duration, the scope and the other operating conditions of this license. Operating conditions also set pay to the exploitation of the patented invention during the procedure for the granting of the licence.
On proposal by the Minister in charge of public health and public health crisis, the King may, by Decree deliberated in the Council of Ministers, take steps to accelerate the procedure referred to in this paragraph. Where appropriate, it may provide that the opinion of the Advisory Committee of bioethics should not be obtained, in order to accelerate the procedure for the granting of licence.
The decisions taken in the context of the procedures referred to in the preceding paragraphs are published in the Moniteur belge and mentioned in the ECR.
The compulsory licence has effect from day operation and at the earliest from the date of the application for a compulsory licence.
§ 7. Reasonable compensation is to be paid by the applicant for the licence for the use of the patented invention during the period between the request for a compulsory license for reasons of public health and the royal decree granting the compulsory license. In this case, the King fixed the amount of the compensation, by Decree deliberated in the Council of Ministers.
§
8. As soon as the grant of the compulsory licence, the relationship between the patent holder and the licensee are assimilated, except where derogations are adopted under paragraph 6, to those existing between a licensor and a licensee contractual.
§ 9. The grant of the compulsory licence, as well as the decisions thereto, are registered in the register.
§ 10. Provided that new elements are involved, the King may, by Decree deliberated in the Council of Ministers, at the request of the holder of the patent or the licensee and in accordance with the procedures laid down in paragraph 6, to review what was decided in regard to their reciprocal obligations and, where appropriate, operating conditions.
§ 11. At the request of any interested person and, after having again taken knowledge of the opinion of the Advisory Committee of bioethics, the King may, by Decree deliberated in the Council of Ministers, remove the compulsory license for reasons of public health, if, after the expiry of the time limit for the operation, the licensee has not operated in Belgium the patented invention by a serious manufacturing and continues.
The order of withdrawal is published by extract monitor Belgian and mentioned in the ECR.
§ 12. Articles XI.37, XI.40 to XI.46 shall not apply to the compulsory licence referred to in this article. The provisions of this article shall not apply to compulsory licences referred to in articles XI.37, XI.40 XI.46.
S. XI.39. § 1. Without prejudice to paragraph 2, the King is the competent authority within the meaning of article 2.4. of Regulation (EC) No. 816/2006 of the European Parliament and of the Council of 17 May 2006 on compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems.
Relating to the granting, revision, rejection and withdrawal of a compulsory license decisions by Decree deliberated in the Council of Ministers.
§ 2. The King may appoint the competent Belgian authorities to implement articles 6.1, 7, 14, 16(1), paragraph 2, 16.3 and 16.4 of Regulation (EC) No. 816/2006.

§ 3. The King is empowered to establish the purely formal requirements or administrative measures for the effective treatment of compulsory licence applications covered by Regulation (EC) No. 816/2006.

§ 4. Articles XI.37, XI.38 and XI.40 to XI.46 shall not apply to the compulsory licence referred to in this article. The provisions of this article shall not apply to compulsory licences referred to in articles XI.37, XI.38 and XI.40 to XI.46.
S. XI.40. § 1.
Compulsory licences granted by application of article XI.37 are not exclusive.

§ 2. Without prejudice to the second subparagraph of article XI.37, § 1, 1 °, the license granted by application of 1 ° of paragraph 1, does not confer on the licensee

that the right to exploit the patented invention by serious and continuous manufacture in Belgium. The Minister, in determining the period within which such manufacture must be achieved, this manufacturing involving the full implementation of the process eventually claimed in the patent.
The compulsory license may be limited in time or to a part only of the invention where it allows the realization of other fabricats than those required to meet the needs referred to in article XI.37, § 1.
As soon as the grant of the compulsory licence, the relationship between the patent holder and the licensee are absorbed, save as otherwise provided by order of the granting to those existing between a licensor and a licensee contractual.
§ 3. The licence granted pursuant to article XI.37, § 1, 2 °, is limited to the part of the invention covered by the dominant patent whose use is essential for the exploitation of the patented invention dependent and does allow for this use in connection with such exploitation.
The third subparagraph of paragraph 2 is applicable to the compulsory licence.
The holder of the patent to which the compulsory licence is imposed may, if two inventions relate to the same kind of industry, to be in turn license of the patent the applicant for the compulsory licence prevailed.
§ 4. The licence granted pursuant to article XI.37, § 1, 3 ° or 4 °, is limited to the part of the invention covered by the dominant patent whose use is essential for the exploitation of the patented invention dependent or the variety protected by the dependent plant variety right and does allow for this use in connection with such exploitation.
The third subparagraph of paragraph 2 is applicable to the compulsory licence granted pursuant to article XI.37, § 1, 3 ° or 4 °.
S. XI.41. § 1.
In the cases referred to in article XI.37, § 1, the Minister grants compulsory licenses on request.
§ 2. The query is transmitted by the Minister to the Commission on compulsory licenses that it may hear the parties concerned, reconciles them if it is possible, and otherwise, give a reasoned opinion on the merits of the application. The Commission attached to his opinion of the case file.
The Minister decided subsequently to the request and notify its decision to the parties by registered mail.
§ 3. In the cases referred to in article XI.37, § 1, 2 ° and 3 °, the application for a compulsory licence is declared founded if the holder of the dominant patent disputes neither the dependence of the patent or of the plant variety right of the applicant for the licence, its validity, nor the fact that the invention or the variety allows a significant technical progress, of considerable economic interest compared to the invention claimed in the patent.
§ 4. For the owner of the earlier patent to deny the dependence of the patent or of the plant variety of the applicant for the licence right wins of right for the latter the authority to exploit the invention described in his own patent or his right to plant breeders as well as the so-called dominant invention without this head be prosecuted for infringement by the holder of the earlier patent.
The challenge to the validity of the patent or of plant variety right suspend the administrative procedure for the recognition of the merits of the application for a licence, to condition, an action in nullity of the said patent or plant breeder's right is already introduced before the competent authority by the dominant patent holder, either that it cites the licence applicant before the tribunal within two months of the notification which has been made of the deposit of the application for licence.
Challenge, important technical progress of considerable economic interest of the patent or of the plant variety right dependent relation to the invention described in the dominant patent suspend the administrative procedure for the recognition of the merits of the application for a licence, subject to the dominant patent holder introduces, within two months of the notification which has been made of the filing of the application for a licence a request to the Court sitting as in interim relief. The Court decision is not subject to appeal or opposition.
Non-observance of the time limit provided for in the two preceding paragraphs result in foreclosure of the dominant patent holder's right to assert his challenge before the tribunal.
S. XI.42. § 1.
Within four months of notification of the decision, the proprietor of the patent and the applicant for licence conclude a written agreement regarding their rights and their reciprocal obligations. The Minister is informed. In the absence of a convention in the abovementioned period, the rights and mutual obligations shall be fixed by the Court sitting as in interlocutory proceedings, on citation of the most diligent party.
A copy of the final judgment is immediately transmitted to the Minister by the clerk.
The establishment of obligations of the parties will in any case include adequate remuneration taking into account the economic value of the licence.
§ 2. The Minister grants the licence by a reasoned order.
The compulsory licence and the related decisions are recorded in the register.
The order is published in the monitor Belgian and mentioned in the ECR.
S. XI.43. § 1.
It is established from the FPS economy a compulsory license Commission which mission is to carry out the tasks entrusted by articles XI.41, XI.44 and XI.45.
The Commission is composed of ten members appointed by the Minister.
Eight members are appointed on the proposal of the representative organisations of industry, agriculture, trade, small and medium-sized industrial enterprises and consumers.
Organizations referred to in the preceding paragraph are designated by the Minister.
Two members are appointed among the members of the Council of the intellectual property. They remain members of the Committee for the duration of their mandate within it, regardless of their membership of the Council.
The mandate of Member of the Commission is for a period of six years. It is renewable.
The Commission is chaired by one of its members, designated by the Minister for a renewable term of three years.
The opinion shall be adopted by consensus. Failing consensus, the opinion takes up different opinions.
The King shall determine the modalities of functioning and organisation of the Commission.
The Commission shall draw up its rules of procedure. It enters into force after the approval of the Minister.
§ 2. When the Minister is seized of an application for the grant of a compulsory license, it refers to the Commission one or several qualified agents, chosen from among officials of the FPS economy.
The Commission defines the mission of the agents referred to in paragraph 1 and set the terms under which these agents accountable of their mission. The Commission specifies the conditions of transmission of the documents referred to in paragraph 4, to ensure the protection of confidential information.
Agents commissioned by the Minister are competent to collect all information, receive all depositions or all written or oral evidence as they consider necessary for the accomplishment of their mission.
In the exercise of their duties, these agents may: 1 ° with a prior notice of at least five working days or without prior warning if they have reason to believe that there is a risk of destruction of coins to the statement of the application for a compulsory licence, enter, during regular hours opening or work in local offices, workshops, buildings, adjacent and paddock , whose access is necessary for the accomplishment of their mission;
2 ° make all useful findings, produce documents, parts or books for their research and findings at the first demand and without moving, and take copies;
3 ° take samples, patterns and conditions determined by the King;
4 ° enter, against a receipt, the documents referred to in point 2 which are necessary for the accomplishment of their mission;
5 ° commit experts which they determine the mission, following the conditions laid down by the King.
The absence of confirmation by the President of the Commission within fifteen days, the seizure is thrown right. The person into the hands of which the objects are captured may consist in judicial guardian.
The president of the Commission may give release that it has confirmed, as appropriate at the request of the owner of the seized items addressed to the Commission.
Subject to a prior notice of at least five working days or without prior warning if they have reason to believe that there is a risk of destruction of coins to the statement of the application for a compulsory licence, commissioned officers can visit the premises inhabited with the prior approval of the President of the commercial court. The visits to living quarters should be between eight and eighteen hours and must be made jointly by two agents at least.
In the exercise of their mission, they may require the assistance of the police.
Commissioned officers exercise the powers accorded to them by this section under the supervision of the Attorney general, without prejudice to their subordination with respect to their superiors in the administration.

§ 3. Officers commissioned for this purpose submit their report to the Commission. The Commission

not deliver its opinion that after hearing the patentee and the person that requires or has obtained the compulsory license. These persons may be assisted or represented, either by counsel or by a person that the Commission specifically authorised in each case. The Commission includes experts and persons it deems useful to query. It can load agents commissioned to carry out more information and to submit a supplementary report.
One month at least before the date of its meeting, the Board shall notify by registered mail people who should be heard during this meeting. In an emergency, time is reduced by half.

§ 4. The operating costs of the Commission are borne by the budget of the FPS economy.
S.
XI.44. insofar as new elements are involved, it may be made, at the request of the holder of the patent or the licensee, to the review of decisions taken in regard to their reciprocal obligations and, where appropriate, operating conditions. Revisional jurisdiction belongs to the authority from which the decision emanates and the procedure to be followed is the same as that which is intended to lead to the decision under review.
S. XI.45. § 1. At the request of the holder of the patent, the Minister withdraws the compulsory licence if it results from a judgment cast in res judicata that licensee is guilty against the owner of the patent for an unlawful act or that it has breached its obligations.
§ 2. At the request of any interested person, the Minister may withdraw the compulsory licence granted for non-use if, at the expiration of the period fixed by the Minister to operate, the licensee has not provided in Belgium an exploitation of the patented invention by a serious manufacturing and continues.
§ 3. Decisions of withdrawal are submitted by the Minister, for opinion, to the Commission on compulsory licences.
The withdrawal is the subject of a reasoned decision. It mentions if the reason for which the Commission's opinion was not followed.
The order of withdrawal is published by extract monitor Belgian and mentioned in the ECR.
S. XI.46. the holder of a compulsory licence may transfer by assignment or sublicense to third parties the rights attaching to the licence as part of the enterprise or goodwill affected the operation of the licence and subject to the licences granted pursuant to article XI.37, § 1, 2 °, are transferable with the dependent patent.
Article XI.51 shall apply mutatis mutandis.
S. XI.47. § 1. The patent shall lapse at the end of the twentieth year from the day of the filing of the application, subject to payment of the renewal fees referred to in article XI.48.
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2. In the case provided for in article XI.23, § 8, the patent application ceases to have effect, subject to the payment of annual fees, at the expiration of the prescribed time limit for payment of the search fee, if this fee has not been paid.
S. XI.48. § 1.
For its maintenance in force, any application or any patent gives rise to the payment of annual fees. The King may fix the year from which the annual fees are due for the first time. Annual fees are due at the earliest at the beginning of the third year and at the latest at the beginning of the fifth year from the date of filing of the patent application as well as at the beginning of each of the following years.
For the attachment of the year from which the annual fees are due for the first time, the King at least takes account of the following criteria: 1 ° access to the Belgian system of patents; and (2) the ratio between the cost of management for the Office of the fee referred to in paragraph 1, and the revenue generated by this tax.
Payment of the annual fee is due the last day of the month of the anniversary date of the filing of the patent application. The annual fee may be validly paid more than six months before its expiry.
Where payment of the annual fee has not been made by the due date, the fee may still be paid, increased by a surcharge, within a period of grace of six months from the expiry of the annual tax.
The amount of the annual fee and surcharge is fixed by the King, by Decree deliberated in the Council of Ministers.
§ 2. Failure to pay the annual fee and the surcharge within the period of grace of six months prescribed in the preceding paragraph, the holder of the patent application or of the patent shall be forfeited ipso jure of his rights. The revocation takes effect on the date of the expiry of the annual fee not paid. The disqualification is recorded in the register.
§ 3. With regard to the persons referred to in article XI.78, § 3, the amount of the annual fee and surcharge is reduced by 50%. The King fixed the application for reduction of the amount of the fee and the surcharge referred to in this paragraph.
Section 5. The patent of invention with the patent application for invention as objects of property article XI.49. § 1. Failing agreement, co-ownership of a patent application or of a patent is governed by the provisions of this article.

§ 2. Each co-owner has the right to exploit the invention personally.
A co-owner can encumber the right patent application or patent, grant a license to operate or bring an infringement action with the consent of the other co-owner or, failing agreement, with the permission of the Court.
The undivided shares are presumed to be equal.
If a co-owner wishes to assign his share, the other co-owner has a right of first refusal for three months from the notification of the assignment draft.
The more diligent party may request the president of the tribunal to appoint an expert according to the rules of the interim measures in order to set the terms of the surrender. The conclusions of the expert are binding, unless, within one month of their notification, one of the parties is whether it waives the transfer, the costs being charged in this case to.
§ 3. The provisions of sections I and IV of Chapter VI of title I of Book III of the civil Code shall not apply to co-ownership of a patent application or of a patent.
§ 4. The co-owner of a patent application or of a patent may notify the other joint owners decision to abandon their profit share. From the inclusion of this abandonment in the register, the co-owner is discharged from all obligations with respect to the other joint owners; These are abandoned share in proportion to their rights in the condominium, unless otherwise agreed.
S. XI.50. § 1. Any assignment or transfer, total or partial, of a patent application or of a patent shall be notified to the Agency.
§ 2. Assignment inter vivos of a patent application or of a patent shall be made in writing on pain of nullity.
§ 3. The notification referred to in paragraph 1 must be accompanied by either a copy of the deed of assignment or of the official document recognizing the transfer rights, either an extract of this Act or this document enough to see the transfer, or a certificate of assignment signed by the parties.
The King fixed the content and modalities of this notification. It may fix a fee which must be paid before registering the copy, extract or the certificate in the register.
For the eventual establishment of the tax, and the determination of the amount of the fee applicable, the King at least takes account of the following criteria: 1 ° access to the Belgian system of patents;
2 ° the report between the cost of management for the Office of the fee referred to in paragraph 2, and the revenue generated by this tax. and 3 ° dissemination of information to third parties about the status of the patent or the patent application.
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4. Notifications are entered in the register in chronological order of their receipt.

§ 5. Subject to the case provided for in article XI.10, transfer does not affect rights acquired by third parties before the date of the transfer.
§ 6. The assignment or transfer has no effect with respect to the Agency and shall be enforceable against third parties only after the registration of its notification to the register and within the limits resulting from the Act or document referred to in paragraph 3. However, before registration of the notification, the assignment or transfer is enforceable against third parties who have acquired rights after the date of the assignment or transfer, but who had knowledge thereof in the acquisition of these rights.
S. XI.51. § 1. A patent application or a patent may, in whole or in part, subject to contractual licences for all or part of the Kingdom.
Licenses may be exclusive or non-exclusive. They must be made in writing on pain of nullity.
§ 2. The rights conferred by the patent application or the patent may be invoked against a licensee who contravenes any of the limits of its licence imposed under paragraph 1.
§ 3. Article XI.50, § 5, is applicable to the grant of a licence of a patent application or of a patent.
§ 4. The grant of a licence of a patent application or of a patent and any changes to the certificate referred to in the following subparagraph shall be notified to the Agency.
This notification shall be effected by the introduction of a certificate signed by the parties. The King determines the content and the terms of this certificate.
It may fix a fee which must be paid prior to the registration of the certificate in the register.
For the eventual establishment of the tax, and the determination of the amount of the fee applicable, the King at least takes account of the following criteria:

1 ° access to the Belgian system of patents;
2 ° the report between the cost of management for the Office of the fee referred to in paragraph 2, and the revenue generated by this tax. and 3 ° dissemination of information to third parties about the status of the patent or the patent application.
§ 5. The grant of a licence of a patent application or of a patent and any changes to the certificate referred to in the preceding paragraph have no effect on the Office and are enforceable against third parties only after entry in the register of the certificate or of the amending certificate and within the limits which are the result of such certificates. Article XI.50, § 6, second sentence, shall apply.
§ 6. The transmission of a licence of a patent application or of a patent shall be made in writing on pain of nullity. It must be notified to the Agency.
Article XI.50, §§ 3 to 6 shall apply mutatis mutandis to the transmission of the licence.
S. XI.52. § 1. The usufruct on a patent application or a patent as well as pledge of a patent application or of a patent shall be notified to the Agency.
§ 2. Article XI.50, §§ 3 to 6 shall apply mutatis mutandis to rights in rem mentioned in the preceding paragraph.
S. XI.53. the seizure of a patent application or of a patent is carried out according to the procedure laid down for chattel seized.
A copy of the restraining notice should be notified to the Office by the creditor; the entry is recorded in the register.
Seizure makes it unenforceable the creditor subsequent changes by the owner to the rights attached to the patent application or the patent.
S. XI.54. the rights acquired by third parties on an application for patent retain their effects in respect of the patent granted on that application.
Section 6. Invalidity, surrender and revocation of the patent of invention art.
XI.55. § 1. The owner of a patent may at any time waive, in whole or in part, by a written and signed statement addressed to the Minister. The declaration of surrender is entered in the register.
The patent may only be amended by means of a waiver in a way such that its subject matter extends beyond the content of the application as originally filed.
The patent may only be amended by means of a waiver to extend the protection conferred by it in accordance with the latest version in force of the patent.
§ 2. Total renunciation leads to the forfeiture of the patent on the date of registration of the declaration in the register. However if, on that date, the renewal fee has not yet paid, the forfeiture of the patent shall take effect at the end of the period covered by the last annual fee paid.
§ 3. The waiver may be limited to one or more claims of the patent or part of a claim or several claims. Partial waiver entails forfeiture, on the date of registration of the declaration in the register, rights attached to the claim or claims, or parts thereof, for which it is made.
§ 4. The declaration of waiver of the patent shall be accompanied by: 1 ° the or claim (s) or the part (s) - in which the holder of the patent declares to waive;
2 ° where appropriate, the full text of the amended claim (s) (s) that the patentee wishes to maintain and, where appropriate, the description and drawings as amended.
The declaration of surrender may only relate to a single patent.

§ 5. In the case of joint ownership, renunciation, total or partial, must be performed by all owners.
§ 6. If rights of usufruct, pledge or license are entered in the register, it cannot be waived the patent, in whole or in part, only with the consent of the holders of those rights.
§ 7. It cannot be waived, in whole or in part, to a patent which is the subject of a claim to ownership, before it patent or patent were the subject of a decision to grant of compulsory licence.
§ 8. The provisions of this article shall apply by analogy to the patent application.
§ 9. Any waiver in violation of paragraphs 6 and 7 is void.
§ 10. The King determines the terms of the procedure for waiving the Agency and fixed the amount and method of payment of the fee which may be charged by the.
S. XI.56. § 1.
The owner of a patent may at any time revoke, in whole or in part, by a written and signed statement addressed to the Minister, without prejudice to the liability of the notifier. The declaration of revocation is recorded in the register.
If the revocation is made in judicial proceedings relating to the patent, the licensee must submit, prior to the Agency the declaration referred to in paragraph 1. The patent as amended serves as the basis of the judicial procedure.
The patent may only be changed by the means of a revocation in a way such that its subject matter extends beyond the content of the application as originally filed.
The patent may only be changed by the means of a revocation so as to extend the protection conferred by it in accordance with the latest version in force of the patent.
§ 2. The partial revocation is performed by an amendment of the claims and, where appropriate, the description or the drawings. The revocation may be limited to one or more claims of the patent or part of a claim or several claims.
Partial revocation causes the forfeiture, at the date of filing of the patent application, rights attached to the claim or claims, or parts thereof, that are the subject of the revocation.
§ 3. The declaration of partial revocation of the patent shall be accompanied by: 1 ° the claim (s) or the part (s) - above the holder of the patent States revoke;
2 ° where appropriate, the full text of the amended claim (s) (s) that the patentee wishes to maintain and, where appropriate, the description and drawings as amended.
The revocation of the patent is enforceable against third parties as from the date of its registration in the register, without prejudice to the responsibility of the declarant.
The declaration of revocation may only relate to a single patent.
§ 4. In the case of co-ownership, revocation, total or partial, must be performed by all the co-owners.
§ 5. If rights of usufruct, pledge or license was entered in the register, the patent may be revoked, in whole or in part, only with the consent of the holders of those rights.
§ 6. The patent that is the subject of a claim to ownership, seizure or of a decision to grant of compulsory licence may be revoked in whole or in part.
§ 7. The provisions of this article shall apply by analogy to the patent application.
§ 8. Any revocation made in violation of paragraphs 5 and 6 is void.
§ 9. The King determines the details of the procedure for revoking the agency or fixed amount and mode of payment of the fee which may be charged by the.
S. XI.57. § 1.
The patent is declared invalid by the Court: 1 ° if its subject matter falls within the ambit of section XI.4 or XI.5 or does not meet the provisions of articles XI.3, XI.6, XI.7 and XI.8;
2 ° if it does not expose the invention in a manner sufficiently clear and complete so that the skilled person can run it.
3 ° if its subject matter extends beyond the content of the patent application as filed or, where the patent was issued on the basis of a divisional application if its subject matter extends beyond the content of the original application as filed;
4 ° If the proprietor of the patent had no right to get it under the terms of article XI.9.
§ 2. If the grounds for invalidity affect the patent only in part, it is limited by a corresponding amendment of the claims and, where appropriate, the description and drawings, and is declared partially invalid. This change is recorded in the register.
§ 3. The patent may only be changed by the means of a cancellation in a manner such that its subject matter extends beyond the content of the application as originally filed.
The patent may only be amended by means of a cancellation to extend the protection conferred by it in accordance with the latest version in force of the patent.
S. XI.58 § 1.
Annulment, total or partial, of a patent and the revocation, total or partial, of a patent in accordance with article XI.56 have a retroactive effect to the filing date of the patent application.

§ 2. Subject to the provisions relating either to claims for compensation for damage caused by negligence or bad faith of the owner of the patent, or to unjust enrichment, the retroactive effect of the invalidity and revocation of the patent does not affect: 1 ° any decision on infringement which have acquired strength of thing tried and executed prior to the invalidity decision or entry in the register of voluntary revocation of the patent;
2 ° contracts concluded before the cancellation decision, of the patent or registration in the register of revocation insofar as they were executed prior to this decision; However, the repayment of sums paid under the contract, insofar as circumstances warrant, may be claimed on grounds of equity.
S. XI.59. § 1. Where a patent is cancelled, in whole or in part, by a judgment or a judgment or by an arbitral award, with respect to all, the cancellation decision has the authority of res judicata subject to third-party proceedings.
The

past in res judicata cancellation decisions are recorded in the register.
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2. In case of cancellation of the patent, the appeal is suspensive.
Section 7. The protection of the rights conferred by the patent art. XI.60. § 1.
Constitutes an infringement involving the responsibility of its author, any infringement of the rights of the owner referred to in article XI.29.
If the subject of the patent is a process for obtaining a new product any identical product manufactured by someone other that the proprietor of the patent is, prima facie, considered as obtained by this process. In the production of evidence to the contrary are taken into account the legitimate interests of the defendant for the protection of his manufacturing or business secrets.
§ 2. The holder or the beneficiary of a patent are empowered to act for infringement.
However, the beneficiary of a compulsory licence granted pursuant to article XI.37, § 1, 1 °, may act as infringement if, after notice, the holder or the usufructuary of the patent do not commit such an action.
Unless otherwise provided in the license agreement, the previous paragraph is also applicable to the beneficiary of an exclusive licence.
Any licensee is entitled to intervene in the proceeding for infringement committed by the holder or the usufructuary of the patent in order to obtain compensation for the damage which it is used.
§ 3. Infringement action may be instituted from the date on which the patent is made available to the public and only for acts of infringement committed after that date.
S. XI.61. infringement action is prescribed by five years from the day where the infringement was committed.
Chapter 3. -Of representation before the Office art. XI.62. § 1. Under subject to the provisions of paragraph 2 and paragraph 3, subparagraph 1, no one is required, for patents for invention, to be represented before the Office.
§ 2. Natural and legal persons wishing to act before the Office patent of invention through a third party, must resort to a professional representative.
§ 3. Physical and legal persons that have neither their domicile nor effective in one establishment to act before the Patent Office, Member State of the European Union must be represented by a professional representative and act through him.
Natural and legal persons referred to in paragraph 1, may act themselves before the Office for the purposes of the following: 1 ° the filing of an application for the purposes of the granting of a filing date;
2 ° the payment of a fee;
3 ° the filing of a copy of an earlier application;
4 ° the issuance of a receipt or notification by the Office in proceedings referred to in 1 °, 2 ° and 3 °.
§ 4. Anyone can pay the annual fees.
§ 5. Any attorney entered on the roll of the order or on the list of trainees, any lawyer and any patent attorney having the nationality of a Member State of the Union European and authorized to practise this profession in a Member State, as well as any lawyer authorised to practise this profession in Belgium under a law or an international convention, may intervene in the same way that an agent registered with the Office.
The King takes measures which in the free provision of services of a representative before the Office, are necessary for the performance of the obligations resulting from the Treaty on the European Union or the provisions under this Treaty.
§ 6. Natural and legal persons who have their domicile or an effective establishment in a Member State of the European Union can act before the Office, for patents for invention, through one of their employees; This employee, who shall have power, need not be a professional representative. The King may provide whether and under what conditions an employee of a legal person referred to in this paragraph may also act for other legal persons which have an effective establishment in a Member State of the European Union and economic ties with it.
§ 7. Particular relating to representation of parties acting in common provisions may be laid down by the King.
§ 8. For the purposes of this chapter, the language of the proceedings and the language of correspondence with the Office is the language to be used by the patent applicant or patent holder in accordance with the laws on the use of languages in administrative matters coordinated 18 July 1966.
S. XI.63. without prejudice to the provisions of the law of 8 July 1977 approving certain international acts for patents for invention and without prejudice to article XI.91, the provisions of this chapter shall apply also in respect of patent applications filings in accordance with these international acts as well as against all other acts relating to these applications or patents granted on these requests.
S. XI.64. § 1. When one or more of the conditions laid down in articles XI.62 and XI.63 are not met, the Agency shall notify the person who committed the Act, and offered him the opportunity to comply with any such requirement and to submit its observations within the time limit set by the King.
§ 2. When one or more of the conditions laid down in articles XI.62 and XI.63 are not met within the time limit prescribed by the King in accordance with paragraph 1, the Act is void of right.
§ 3. Taxes paid unduly shall be reimbursed.
S. XI.65. it is created at the Office a register where enrolled agents authorized to ensure the representation of natural or legal persons before the Office in respect of matters referred to in article XI.63.
The King determines the particulars which must be included in the register of professional representatives as well as the procedure for the keeping of it.
S.
XI.66. § 1. Only natural persons can be registered in the register of professional representatives. They must fulfil the following conditions: 1 ° be a national of a Member State of the European Union, be domiciled in such a State;
2 ° is not the subject of a measure of judicial protection referred to in article 492/1 of the civil Code;
3 ° do not find themselves in a State of prohibition within the meaning of articles 31 to 34 of the penal Code; have been no conviction in Belgium or abroad for one of the offences specified in royal decree No. 22 of 24 October 1934 prohibiting persons under sentence and to the bankrupts from exercising certain functions, professions or activities and conferring on the courts of commerce faculty decide such prohibitions;
4 ° be a Belgian diploma University education or a Belgian diploma of higher education long type, issued after four years of study at a scientific, technical or legal discipline.
The diplomas awarded abroad after four years of study at least, in the same disciplines are allowed provided that their equivalence has been previously recognized by the competent Belgian authorities.
5 ° having pursued an activity in the field of patents for inventions for a period and in a manner laid down by the King;
6 ° having successfully passed a test with the Committee referred to in article XI.67 no later than two years after the cessation of an activity referred to 5 ° of this paragraph, on the subject of industrial property primarily on patents of invention.
§ 2. Must not fulfil the conditions of residence and nationality the person who in is provided by virtue of an international convention, either through a derogation granted by the King due to reciprocity.
§ 3. The King takes measures which, on access to the profession of professional representative exercise of this profession, are necessary to the performance of the obligations resulting from the Treaty on the functioning of the European Union or of the provisions enacted under the Treaty and which are related to the requirements of diploma, certificate or other evidence.
S. XI.67. There is hereby established within the FPS economy a Commission on accreditation of representatives admitted to represent before the Office physical and legal persons in respect of matters referred to in article XI.62.
This Commission has the task: 1 ° to examine whether persons wishing to be registered in the register of professional representatives satisfy the conditions laid down by article XI.66, § 1, 1 ° to 5 °;
2 ° to be subjected to the test referred to in article XI.66, § 1, 6 °;
3 ° to advise the Minister on the decisions it is called to take registration and removal from the register of professional representatives.
S. XI.68. the Commission consists of two sections. One statue in French, the other Dutch.
The King stops the composition and functioning of the Commission and lays down the procedures of the event referred to in article XI.66, § 1, 6 °. A member of the French section must have a sufficient knowledge of German.
The necessary appropriations are entered to the budget of the FPS economy.
S. XI.69. the application for registration in the register of professional representatives shall be sent to the Minister. It forwards it for an opinion to the Commission.
Notice is provided to the Minister at the same time as the folder.
If the applicant meets the requirements, the Minister shall proceed with its registration in the register of professional representatives within one month following receipt of the notice. If the applicant does not meet these requirements, the Minister dismisses the application within the same time limit. In both cases, the Minister shall inform without delay the person concerned.
The

decision whereby the Minister waive the notice of the Commission and that by which he denies shall be reasoned.
S. XI.70. the person who is entered in the register of professional representatives pursuant to section 64 of the Act, 1984, on patents for invention retains the benefit of its inclusion.
Registered persons referred to in the first subparagraph may be removed pursuant to sections XI.71 and XI.72.
S. XI.71. any person recorded in the register of professional representatives may ask the Minister that his name be removed from the register.
S. XI.72 is struck off the register of professional representatives before the name of the person: 1 ° who is deceased or is in the case of disability referred to in article XI.75;
2 ° which, having been recorded in the register of professional representatives pursuant to article XI.69, no longer fulfils the conditions laid down in article XI.66, § 1, 1 ° and 2 °, or can more rely on the provisions of the convention or the reciprocity referred to in paragraph 2 of that article;
3 ° which, having been recorded in the register of professional representatives pursuant to article XI.70, is more domiciled in Belgium or in a State member of the European Union or subject to a measure of judicial protection referred to in article 492/1 of the civil Code;
(4 ° which, having entered in the register of professional representatives authorised pursuant to article XI.70, has been cancelled ex officio from the list of professional representatives before the EPO's patent for one of the grounds listed in rule 154, § 2, letter a) to (c)), of the regulations of the Convention on the European patent or to have made the subject of a disciplinary measure taken in application of article 134bis (, § 1, letter c) of the Convention;
5 ° which, in its application for registration or an application for amendment of registration, has voluntarily submitted documents or statements made by which the contents did not match the reality;
6 ° who suffered a conviction or has been the subject of a measure of prohibition referred to in article XI.66, § 1, 3 °;
7 ° which has been guilty of serious misconduct in the exercise of his patent representation activities before the Office.
The duration of taken radiation in accordance with points 5 ° to 7 ° of this article cannot be less than one year.
S. XI.73. any professional representative whose registration has been cancelled is the subject on its application for a new entry in the register of professional representatives when the reasons which led to its cancellation no longer exist when the disciplinary action referred to in article XI.72, 4 °, leaves more effect or when the time limit radiation measurement taken in application of article XI.72 5 ° to 7 °, came to expiration.
S. XI.74. in the case referred to in article XI.72, except death, or when a new registration is requested on the basis of article XI.73, the Minister asked the prior opinion of the Commission on accreditation.
It shall notify the person concerned, at least 20 days in advance, by registered post, of the meeting at which the matter will be discussed.
The person concerned may be assisted or represented by a lawyer or by a professional representative.
Notice, accompanied by the record is forwarded to the Minister.
Decisions cancellation / denial of new registration as well as those by which the Minister departs from the opinion of the Committee shall be reasoned.
The Minister shall inform the person concerned of its decision to delist from new registration or refusal of such registration without delay. He proceed to radiation or the new registration, as the case may be, in the month following receipt of the notice.
S. XI.75. in the event of death of an authorized agent or impossible for it to carry on business of representation, the tasks that were entrusted to the Agency can be performed during six months by another agent approved without having it justify a mandate.
S. XI.76. the register of professional representatives is filed with the Agency where any interested can be found. The registry is also available on the website designated by the King.
Chapter 4. -Provisions various arts. XI.77. § 1. When an applicant or a patent holder has failed to comply with a time limit for an action in a procedure before the Office, and that failure has the direct consequence the loss of rights relating to the patent or the patent application, the Office shall restore the rights of the applicant or the holder of the patent or the patent if application : 1 ° a request to that effect is submitted to the Office in accordance with the conditions and within the time fixed by the King;
2 ° the omitted Act must be within the period of presentation of the request referred to in 1 °;
3 ° the request States the reasons for which the deadline was not observed;
4 ° the Office finds that the failure occurred while the care required by the circumstances having been taken.
The request for restoration is entered in the register.
A declaration or other evidence in support of the reasons referred below 3 ° are provided to the Office within a time limit fixed by the King.
The request for restoration is processed only after the restoration prescribed for this request fee has been paid.
§ 2. A request made pursuant to paragraph 1 cannot be fully or partially rejected without either given to the requesting party an opportunity to make observations on the intended refusal within the time limit set by the King.
When is it right to the request for restoration, the legal consequences of non-observance of the time limit shall be deemed not to have occurred.
The decision to restore or refusal is recorded in the register.
If it is made right at the request for restoration, without prejudice to paragraph 1, 2 °, in case of forfeiture as a result of non-observance of the time limit laid down in article XI.48, any annual fee that would come due during the period beginning on the date on which the loss of rights has occurred, and up to the included date on which the decision of restoration is registered in the registry must be paid within a period of four months from that date.
§ 3. Anyone who, between the time of the forfeiture of the rights laid down in article XI.48, § 2, and where the restoration of these rights released its effects in accordance with paragraph 2 of this article, has in good faith used in Belgium the invention covered by the patent, or taken to that end measures can continue to use the invention for the needs of his own business. The right recognized by this paragraph may be delivered with the undertaking to which it is attached. Is reserved for the application of the law of January 10, 1955.
The preceding subparagraph shall also apply when the protection provided for in article XI.35, § 1, takes effect as a result of the restoration of the patent application.
§ 4. The request for restoration in the rights referred to in paragraph 1 is not admissible for: 1 ° the time limits referred to paragraph 1 and paragraph 2, paragraph 4;
2 ° the deadlines referred to in article XI.20, §§ 8 to 10.
The King determines, if necessary, to other delays that those mentioned in the preceding paragraph, for which the request for restoration is not admissible.
S.
XI.78. § 1. The King fixed the amount, the timing and manner of payment of the fees, additional fees and charges provided for by this title or under it.
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2. When the Agency provides special benefits patent, the King may provide a royalty which he fixed the amount, time and method of payment. The amount of the additional fee may not exceed 125 euros.
§ 3. The King may reduce the fees, additional fees and charges as he may designate for physical persons, who are nationals of a Member State, the European economic area, either the World Trade Organization, if their income does not exceed the proportion of income exempt from tax set out in articles 131 et seq. of the Tax Code on the 1992 income. Where applicable, revenues in foreign currencies are translated into euro at the average price of the currency concerned.
§ 4. King lays down the cases in which fees, additional fees and charges unduly paid are refundable in whole or in part.
S.
XI.79. the payment of the fees and charges provided for in this title, or whose perception is authorized by him, is validly made if it is made at the rate in force on the day of payment.
Taxes and charges are not reimbursed, unless contrary provision of this title or its orders of execution.
S. XI.80. unless otherwise provided, when, under article XI.50, § 3, paragraph 1, or article XI.53, paragraph (2), a copy of an original document or an extract thereof is requested, the Agency may, in the event of reasonable doubt on the authenticity of the copy or the original or extract thereof sent challenge so direct that issued the original document.
If this inquiry leads to a disproportionate burden for the Office or for the one who issued the original document or direct contact with the person who issued the document proves difficult, the Office may invite the person concerned, by sending recommended with acknowledgement of receipt, to produce the original document. In this registered post, the reason for the request for surrender of the original document is exposed. As long as the original document is not produced, the procedure involving the delivery of this document, is suspended.
S.

XI.81. the King shall determine the modalities according to which citizens and businesses can communicate electronically with the Agency and transmit documents and acts in electronic form.
Chapter 5. -Patent European art. XI.82. § 1. The patent application made under the provisions of the Convention on the European patent may be filed, at the option of the applicant, either at the Office or at the European Patent Office.
§ 2. The patent application made according to the provisions of the Convention on the European patent, by persons with Belgian nationality or domiciled or headquartered in Belgium and which may be of interest to the defence of the territory or the security of the State shall be filed with the Agency. The provisions of the law of January 10, 1955 on the disclosure and implementation of inventions and trade secrets concerning territorial defence or State security apply.
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3. The European patent application does not provide the protection referred to in article 64 of the European Patent Convention. Nevertheless reasonable compensation, fixed according to the circumstances, may be required of any person having exploited in Belgium the invention, subject matter, from the date on which claims have been made available to the public at the Office or have been delivered to that person in one of the national languages.
S. XI.83. § 1.
If the European patent without unitary effect issued by the European Patent Office or the European patent void Unit maintained such amended or limited by the European Patent Office, as a result of a European patent application in which the Belgium has been designated, is not written in one of the national languages, the holder of the patent must provide to the Office a translation of this European patent without issued unitary effect modified or restricted, in one of those languages within a period of three months from the day of publication of the mention of the grant of the patent or, where applicable, the decision to maintain the patent as amended or limited.
§ 2.
When the patent proprietor has not observed the time limit referred to in paragraph 1, and that failure has the direct consequence the loss of rights in the patent pursuant to subsection 3, the Agency restores the rights of the proprietor of the patent if: 1 ° a request to that effect is submitted to the Office in accordance with the conditions and within the time fixed by the King;
2 ° the omitted Act must be within the period of presentation of the request referred to in 1 °;
3 ° the request States the reasons for which the period referred to in paragraph 1 was not observed;
4 ° the Office finds that the failure occurred while the care required by the circumstances having been taken.
The request for restoration is entered in the register.
A declaration or other evidence in support of the grounds referred to under 3 ° are furnished to the Office within a time limit fixed by the King.
The request for restoration is processed only after the restoration prescribed for this request fee has been paid.
The request for restoration cannot be fully or partially rejected without either given the applicant the opportunity to submit its observations on the refusal contemplated within the deadline set by the King.
When it is granted the motion, the legal consequences of non-observance of the time limit shall be deemed not to have occurred.
The decision to restore or refusal is recorded in the register.
If it is made right at the request for restoration, any annual fee that would come due during the period beginning on the date on which the loss of rights has occurred, and ranging the included date at which restoration decision is entered in the register, shall be paid within a period of four months from that date.
§ 2/1. Anyone who, between the time of the forfeiture of the rights provided for in paragraph 3 and where the restoration of these rights released its effects in accordance with paragraph 2, has in good faith used in Belgium the invention covered by the patent, or taken the necessary steps to that end may continue to use the invention for the needs of his own business. The right recognized by this paragraph may be delivered with the undertaking to which it is attached. Is reserved for the application of the law of January 10, 1955.
§ 2/2. The request for restoration in the rights referred to in paragraph 2 is not admissible for the period prescribed in the same paragraph.
The King determines, if necessary, to other delays that those mentioned in the preceding paragraph, for which the request for restoration is not admissible.
§ 2/3. The procedure for restoration of rights referred to in paragraph 2 is applicable retroactively to European patents granted before the entry into force of this section, that meet the following cumulative conditions: 1 ° the European patent is not written in a national language;
2 ° the European patent is maintained as amended or limited;
3 ° the European patent is deemed without effect in Belgium due to the furnishing of a translation of the said patent to the Office after the expiry of the period of three months referred to in paragraph 1 and before the entry into force of this section; and 4 ° how to restore referred to in paragraph 2 is not applicable to that patent on the date of entry into force of this article taking into account the periods provided for under paragraph 2, 1 °;
5 ° the request for restoration is filed with the Office within a period of six months from the date of the entry into force of this section.
§ 3. If the provision of paragraph 1 is not observed, the European patent without unitary effect is, from the outset, deemed without effect in Belgium.
§ 4. The Office shall keep a register of all European patents without unitary effect referred to in paragraph 1 which have effect on the national territory, makes the text or the translation available to the public and collects the national taxes for the maintenance of the patent for the years following that in which took place the publication of the mention of the grant of the patent.
§ 5. The provisions of the agreement on a unified patent jurisdiction shall apply to European patents without unitary effect that took effect on the Belgian territory as national patents, subject to the application of article 83 (1) to (3) and (5) of this agreement.
§ 6. When the unitary effect of a European patent has been registered under Regulation 1257/2012, the European patent is deemed to have not taken effect as a national patent at the date of publication of the mention of its grant in the European Patent Bulletin.
S. XI.84. the provisions of articles XI.82 and XI.83 do not affect the right of national courts to require a full translation of the application or the patent granted in the language of the proceedings.
S. XI.85. the Agency provides the services of linguistic engineering for machine translation of information relating to patents, through a website designated by the King, on which European patent applications and European patents may be available under the same conditions in all the national languages.
The King may specify the terms and conditions of the provision of services of linguistic engineering.
S. XI.86. § 1. Insofar as a Belgian patent is an invention for which a patent has been issued to the same inventor or to his successor in title with the same date of filing or, if priority has been claimed, with the same date of priority, the Belgian provided patent that it covers the same invention as the European patent ceases to have effect either on the date on which the deadline for the formation of opposition to the patent European is expired without an opposition was formed, or at the date to which the opposition proceedings are closed, European patent having been maintained.
The extinction or the subsequent cancellation of the European patent does not affect the provisions of this article.

§ 2. The Brussels commercial court found that the Belgian patent has ceased to produce its effects in whole or in part under the conditions laid down in paragraph 1.

§ 3. When the judgment or the judgment is cast in res judicata, the finding is recorded in the register of patents and brought to the attention of the public.
S. XI.87. the holder of a European patent application may apply in the cases referred to in article 135, § 1, letter a, of the Convention on the European patent, to initiate the procedure for the issuance of a Belgian patent. This application will be rejected if it does not, within a period of three months after receipt by the Office of the request for conversion to the following conditions: a) pay the national application fee;
(b) produce the text of the application in one of the national languages if the European patent application is not drawn up in one of these languages.
The search report, if it has been established by the European Patent Office, may be used in the grant procedure.
S.
XI.88. the King means the national authorities which the European Agency may apply for administrative and judicial cooperation under article 131 of the European Patent Convention.
S. XI.89. the request for an opinion, referred to in article 25 of the Patent Convention European can be directly addressed to the European Patent Office.
S.
XI.90. the King may establish a fee for the publication of translations and revised translations

referred to in section XI.83 of this title.
If a fee has been set pursuant to paragraph 1, it must be paid within the time limit referred to in article XI.83, § 1, of the present title.
For the eventual establishment of the royalty, and the determination of the amount of the fee applicable, the King at least takes account of the following criteria: 1 ° access to the Belgian system of patents; and (2) the ratio between the cost of management for the Office of the fee referred to in paragraph 1, and the revenue generated by this tax.
Chapter 6. -Applications for international art. XI.91. § 1. Without prejudice to the application of the provisions of article 151 of the European Patent Convention, the Office acts as a receiving office within the meaning of article 2 XV of the patent cooperation treaty. Of the International Searching Authority and, where applicable, the international preliminary examining authority are designated by the King.
§ 2. International application referred to in article 2 VII of the patent cooperation treaty, which may be of interest to the defence of the territory or the security of the State shall be filed with the Agency. The provisions of the law of January 10, 1955 on the disclosure and implementation of inventions and trade secrets concerning territorial defence or State security apply.
§ 3. Any appointment or, where appropriate, any election of Belgium in an international application is regarded as an indication that the applicant wishes to obtain a European patent in accordance with the European Patent Convention.
Title 2. -Supplementary certificates of protection Chapter 1.
-Issuance and extension of the certificate art. XI.92. § 1. Demand for supplementary protection certificate hereinafter referred to as "certificate" and the extension of the certificate request are filed with the Office.
§ 2. The request for grant of a certificate and the request for the extension of the certificate shall be signed by the applicant and introduced by means of a form made available to interested parties by the Office and of which the model is determined by the Minister.

§ 3. Any application for a certificate and any request for extension of the certificate give rise to the payment of a filing fee. Proof of payment of this fee must reach the Office no later than one month after the filing of the application.
S. XI.93. § 1. Subject to the provisions of paragraphs 2 and 3, the date of filing of an application for a certificate is the date on which the Office received the applicant all the following documents: 1 ° a declaration according to which a certificate is required;
2 ° identifying the applicant and indications allowing the Office to contact
3 ° the indications for determining the basic patent.
§ 2. When the application does not fulfill one or more of the conditions laid down in paragraph 1, the Office shall notify the applicant and the opportunity to comply with these requirements and to make observations, within a period of three months.
When he has had no notification because that indications allowing the Office to contact the claimant were not provided, the time limit referred to in paragraph 1, is three months from the date on which the Agency originally received at least one of the elements referred to in paragraph 1.

§ 3. Where the application as initially filed does not meet one or more of the conditions laid down in paragraph 1, the filing date shall, subject to the provisions laid down in paragraph 2, the date on which it will have satisfied all conditions laid down in paragraph 1.
If it is not satisfied with an or several conditions referred to in paragraph 1 within the time limit fixed by the Office, the request is deemed not to have been filed.
When the application is considered not to have been filed, the Office shall notify the applicant by indicating the reasons.
§ 4. When all conditions referred to in paragraph 1 are met, the Office shall communicate to the applicant filing date that is assigned to the application.
S.
XI.94. § 1. Subject to the provisions of paragraphs 2 and 3, the date of filing of an application for an extension of the certificate is the date on which the Office received the applicant all the following documents: 1 ° a statement that an extension of the certificate is sought;
2 ° identifying the applicant and indications allowing the Office to contact
3 ° the indications for determining the certificate.

§ 2. When the application does not fulfill one or more of the conditions laid down in paragraph 1, the Office shall notify the applicant and the opportunity to comply with these requirements and to make observations, within a period of three months.
When he has had no notification because that indications allowing the Office to contact the claimant were not provided, the time limit referred to in paragraph 1, is three months from the date on which the Agency originally received at least one of the elements referred to in paragraph 1.
§ 3. Where the application as initially filed does not meet one or more of the conditions laid down in paragraph 1, the filing date shall, subject to the provisions laid down in paragraph 2, the date on which it will have satisfied all conditions laid down in paragraph 1.
If it is not satisfied with an or several conditions referred to in paragraph 1 within the time limit fixed by the Office, the request is deemed not to have been filed. When the application is considered not to have been filed, the Office shall notify the applicant by indicating the reasons.
§
4. When all conditions referred to in paragraph 1 are met, the Office shall communicate to the applicant filing date that is assigned to the application.
S. XI.95. reference to the certificate request and mention of the request for extension of the certificate are published in the register.
S.
XI.96. § 1. If the certificate request does not meet the conditions laid down respectively, for drugs, by article 8 of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 on the supplementary certificate of protection for medicinal products, hereinafter referred to as "regulation 469/2009" and for plant protection products, under article 8 of Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products, hereinafter "Regulation 1610/96", as well as by section XI.92 of this chapter, the Office shall invite the applicant to remedy the deficiencies or to pay the filing fee within the time limit set by the King.

§ 2. Is it is not remedied within the prescribed period the deficiencies or the default in payment of the filing fee, notified pursuant to paragraph 1, the request is rejected by the Agency.
§ 3. Paragraphs 1 and 2 shall apply, mutatis mutandis, at the request of extension of the certificate.
S. XI.97. the issuance of certificates is done without examination of the conditions laid down respectively for the drugs, article 3, c and d, regulation 469/2009, and for plant protection products, in article 3 § 1, c and d, of Regulation 1610/1996.
S. XI.98. Mention of the grant of the certificate or rejection of the application for a certificate and reference to the acceptance of the extension of the certificate or rejection of the application for extension of the certificate shall be published in the register.
S. XI.99. Mention of the extinction of the invalidity of the certificate and mention of revocation of the extension of the certificate shall be published in the register with the following particulars: 1 ° the name and address of the holder of the certificate;
2 ° the number of the basic patent;
3 ° the title of the invention.
Chapter 2. -Taxes and fees art.
XI.100. the King fixed the amount and terms of payment of the fees, additional taxes and fees for certificates and the certificate extension.
S. XI.101. § 1.
For its maintenance in force, any application for a certificate or any certificate gives rise to the payment of annual fees. The first annual fee is due at the end of the lawful term of the basic patent.
The payment of the annual fee comes to due the last day of the month of the anniversary date of the filing of the application of the basic patent. The annual fee may be validly paid more than six months before its expiry.
§ 2. Where payment of the annual fee has not been made by the due date, the fee may still be paid, increased by a surcharge, within a period of grace of six months from the expiry of the annual tax.
§ 3. The amount of the annual fee and surcharge is fixed by the King, by Decree deliberated in the Council of Ministers.

§ 4. Failing payment of the annual fee within the prescribed six-month grace period in paragraph 2, the holder of the certificate or the certificate application is forfeited ipso jure of his rights.
The revocation takes effect on the date of the expiry of the annual fee not paid. The disqualification is recorded in the register.
Chapter 3. -Restoration arts. XI.102. § 1.
When an applicant for certificate or extension of the certificate or a certificate holder observed a time limit for an action in a procedure before the Office, and that that failure has the direct consequence the loss of rights with respect to the certificate or the certificate request or for extension of the certificate, the Office shall restore the rights of the applicant or holder with respect to the certificate or the certificate request or for an extension of the certificate if : 1 °

a request to that effect is submitted to the Office in accordance with the conditions and within the time fixed by the King;
2 ° the omitted Act is completed within the time limit for the submission of the request referred to in 1 °;
3 ° the request States the reasons for which the deadline was not observed;
4 ° the Office finds that the failure occurred while the care required by the circumstances having been taken.
The request for restoration is entered in the register.
A declaration or other evidence in support of the reasons referred below 3 ° are provided to the Office within a time limit fixed by the King.
The request for restoration is processed only after the restoration prescribed for this request fee has been paid.
§ 2. A request made pursuant to paragraph 1 cannot be fully or partially rejected without either given to the requesting party an opportunity to make observations on the intended refusal within the time limit set by the King.
The decision to restore or refusal is recorded in the register.
§
3. Anyone who, between the time of the forfeiture of rights provided for in article XI.101, § 4, and one where the restoration of these rights released its effects in accordance with paragraph 2 of this article, has in good faith used in Belgium the product, object of protection conferred by the certificate, or taken to that end measures can continue to use the product for the needs of his own business. The right recognized by this paragraph may be delivered with the undertaking to which it is attached.
S. XI.103. the request for restoration in the rights referred to in article XI.102, paragraph 1, is not admissible for: 1 ° the deadlines referred to in article XI.102, paragraph 1;
2 ° the deadlines referred to in article 7(5). by regulation 469/2009.
The King determines, if necessary, to other delays that those mentioned in the preceding paragraph, for which the request for restoration is not admissible.
Title 3. -Right to breeder Chapter 1. -The right equipment Section 1st. -Conditions governing the grant of the breeder's right article XI.104. varieties of all genera and botanical species, including inter alia, hybrids, can be the subject of a breeder's right.
S. XI.105. the breeder's right is granted where the variety is distinct, uniform, stable and new.
In addition, the variety must be designated by a denomination in accordance with the provisions of article XI.143.
S. XI.106. § 1. A variety shall be regarded as distinct if it is clearly distinguishable by reference to the expression of the characteristics that results from a particular genotype or combination of genotypes, from any other variety whose existence is well known at the date of application determined pursuant to article XI.133 or, where applicable, the date of priority determined in accordance with article XI.134.
§ 2. The existence of another variety is particularly regarded as well-known if, at the filing date of application determined pursuant to article XI.133 or, where applicable, the date of priority determined in accordance with article XI.134: 1 ° this another variety is the object of a plant variety protection or entered in an official register of varieties, in any State or any intergovernmental organization competent in this field;
2 ° an application for the grant of protection of new varieties of plants for this another variety or registration in such a formal register is introduced, provided that in the meantime demand has given rise to the grant of protection or the entry in the register;
3 ° the culture or the marketing of this another variety is already underway;
4 ° the other variety is present in a reference collection or is described in a publication.
S. XI.107. A variety shall be regarded as homogeneous if it is sufficiently uniform in the expression of the characters included in the examination of the distinction and all others used for the description of the variety subject to the predictable variation into account in light of the particular features of its propagation.
S. XI.108. A variety shall be regarded as stable if the expression of the characters included in the examination of the distinction and any others used for the variety description remains unchanged after successive propagation or, in the case of particular propagation, at the end of each cycle.
S. XI.109. § 1. A variety is deemed to be new if, at the filing date of application determined pursuant to article XI.133 or, where applicable, the date of priority determined in accordance with article XI.134, variety constituents or a harvested material of the variety have not been sold or otherwise to others by the breeder or with his consent , for the purposes of exploitation of the variety: 1 ° the territory of Belgium, more than one year before the abovementioned date;
2 ° outside the territory of Belgium, more than four years or, in the case of trees or of vines, more than six years before the above date.
§ 2. The disposal of variety constituents to an official body for statutory purposes or to third parties on the basis of a contract or any other legal relationship for the exclusive purposes of production, reproduction, multiplication, conditioning or storage is not considered to be a disposal to others within the meaning of paragraph 1, provided that the breeder preserves the exclusive right of disposal of these constituents or others and that he could not proceed to an another assignment.
However, this assignment of constituents is considered a transfer within the meaning of paragraph 1 if these constituents are used repeatedly for the production of a hybrid variety and if there is disposal of variety constituents or harvested of the hybrid variety material.
Similarly, the transfer of constituents by a company or business within the meaning of article 54, § 2, of the Treaty on the functioning of the European Union to another of these companies or enterprises is not considered as an assignment to a third party if one of them belongs entirely to the other or if both belong entirely to a third company or firm of this type as long as it is not carried out another assignment.
This provision does not apply to cooperatives.
§ 3. The disposal of variety constituents or harvested material of the variety, which have been produced from plants grown for the purposes specified in article XI.116, 2 ° and 3 °, and which are not used for new multiplication is not considered to be exploitation of the variety, unless he either makes reference to this variety for the purposes of this assignment.
Similarly, it is not taken into account the transfer to third parties if it is due to the fact or the consequence that the breeder has presented the variety in an official or officially recognized exhibition within the meaning of the Convention relating to international exhibitions or in an exhibition in a Member State of the Union European and officially recognized as equivalent by that Member State.
S. XI.110. the applicant refers to the variety of a denomination in accordance with article XI.143.
Section 2. -Assigns or successors in art. XI.111. § 1. The person who created or discovered and developed the variety or its assignee or successor in title, hereinafter referred to as "breeder", is entitled to the breeder's right.
§ 2. If the new variety has been created or discovered and developed by two or more persons, the right is jointly owned by such persons or their successors or their respective successors, unless otherwise agreed.
§
3. If the new variety has been created or discovered and developed by an employee under his contract of employment, the law will return to the employer, unless otherwise agreed.
S. XI.112. § 1. Any physical or legal person or any body assimilated to a legal person under the law governing it, may file an application for plant breeders ' rights.

§ 2. An application may be filed jointly by two people or more.
Section 3. -Effects of the breeder's right article XI.113. § 1. The breeder's right has effect of reserving his or her owners, hereinafter referred to as "owner", the right of the acts set out in paragraph 2.
§ 2. Without prejudice to articles XI.115 and XI.116, the consent of the owner is required for the following acts in respect of constituents, the harvested material or products made directly from a harvested material of the protected variety: 1 ° the production or propagation;
2 ° the packaging for the purpose of propagation;
3 ° offers it for sale;
4 ° the sale or any other form of marketing;
5 ° the import;
6 ° export;
7 ° the detention in one of the above-mentioned purposes.
The holder may subject its authorization to conditions and limitations.
§ 3. Paragraph 2 applies to the harvested material only if it has been obtained by the unauthorized use of variety constituents of the protected variety, and unless the holder could reasonably exercise his right in relation to variety constituents said.
§ 4. Paragraph 2 applies to products manufactured directly from a harvested material of the variety protected only if these products have been manufactured by the unauthorized use of the material of harvest and unless the licensee reasonably could exercise his right in relation to said equipment to harvest.
S. XI.114. § 1. The

article X.113 provisions shall also apply: 1 ° to the varieties essentially derived from the protected variety, when it is not itself an essentially derived variety, 2 ° to the varieties which differ not much of the protected variety in accordance with article XI.106, and 3 ° to varieties whose production requires the repeated use of the protected variety.
§
2. For the purposes of paragraph 1, 1 °, a variety is deemed to be essentially derived from another variety, referred to hereinafter "initial variety", as if 1 ° it is mainly derived from the initial variety, or from a variety that is itself predominantly derived from the initial variety, 2 ° it differs significantly from the original in accordance with article XI.106 variety, and 3 ° except in what concerns the differences resulting from the derivation It conforms to the initial variety in the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety.
§ 3. Essentially derived varieties may be obtained, for example, by selection of a natural or induced mutant, or of a somaclonal variant, the selection of a variant individual from plants of the initial variety, backcrossing, or transformation by genetic engineering.
S. XI.115. § 1. Notwithstanding article XI.113, § 2, farmers are authorized to use for propagating purposes on their own holding, the product of the harvest obtained by the culture, on their own holding, a protected variety or a variety referred to in article XI.114.
§ 2. The conditions to give effect to the derogation provided for in paragraph 1 and to safeguard the legitimate interests of the breeder and of the farmer are laid down by the King.
S. XI.116. the breeder's right does not extend: 1 ° to acts done privately and for non-commercial purposes;
2 ° to acts done for experimental purposes;
3 ° to acts to create or discovering and developing other varieties;
4 ° to the acts mentioned in article XI.113, §§ 2, 3 and 4, relating to these other varieties, except where article XI.114 shall apply.
5 ° to the acts of which the ban would be contrary to the provisions of article XI.115 or article XI.126.
S. XI.117. § 1. The breeder's right does not extend to acts concerning material of the protected variety, or a variety referred to in article XI.114, which has been marketed on the territory of the European Union, by the holder or with his consent, or derived material said material, unless such acts: 1 ° involve a new multiplication of the variety concerned unless this multiplication was scheduled during the disposition of equipment, or 2 ° involve an export of material of the variety to reproduce the variety to a country which does not protect varieties of the plant genus or species to which the variety belongs, except where the exported materials is intended for consumption.

§ 2. For the purposes of paragraph 1 means "hardware", in connection with a variety: 1 ° the constituents, in any form whatsoever;
2 ° the product of the harvest, including whole plants and parts of plants;
3 ° any product made directly from the product of the harvest.
S. XI.118. § 1. Any person who, in the territory of the Belgium, offers or disposes of to others for commercial purposes, variety constituents of a protected variety or a variety covered by article XI.114 is required to use the variety denomination approved in accordance with article XI.143. In written form, the denomination must be easily recognizable and clearly legible. If a trademark, a trade name or similar indication is associated with the assigned denomination, this denomination must be easily recognizable as such.
§ 2. Paragraph 1 continues to apply even after the termination of the breeder's right.
S.
XI.119. § 1. The holder may not use a right conferred in regard to a name identical with the variety denomination to hamper the free use of that denomination in connection with the variety, even after the extinction of the breeder's right.
§ 2. A third party may use a right conferred in relation to a name identical with the variety denomination to hamper the free use of that denomination only if that right was granted before the allocation of the variety denomination in accordance with article XI.143.
§
3. When a variety benefits from a breeder's right, the name that has been assigned or any other name with which it could be confused can be used on the territory of the European Union, in connection with another variety of the same botanical species or a closely related species or for material of this another variety.
The King sets species considered neighbours.
Section 4. -Duration and termination of the breeder's right article XI.120. the breeder's right goes at the end of the twenty-fifth calendar year following that of the grant of the breeder's right;
for the varieties of vineyards, olive trees and potatoes, he died at the end of the 30th calendar year.
S. XI.121. § 1. The holder may renounce the right to breeder by a written and signed statement addressed to the Agency.
§ 2. The waiver leads to the extinction of the breeder's right on the date of receipt by the Office of the declaration referred to in paragraph 1 and subject to registration in the register referred to in article XI.152, hereinafter referred to as "the register". However if, on that date, the annual fee for the maintenance of the breeder's right has not yet been paid, the cancellation of the breeder's right shall take effect at the end of the period covered by the last annual fee paid.
§ 3. The waiver may not be registered if there is, according to the entries in the register, people who, relatively to the breeder's right, proprietary rights or have obtained licences, or which commenced proceedings in the breeder's right claim, unless these people agree to the waiver.

§ 4. The provisions of this article shall apply by analogy to the application for a breeder's right.
S. XI.122. § 1. The breeder's right shall be declared invalid by the Court if: 1 ° the conditions laid down in article XI.106 or XI.109 were not met at the time of the grant of the breeder's right, or 2 ° when the grant of the breeder's right has been essentially based upon information and documents furnished by the applicant, the conditions laid down in articles XI.107 and XI.108 were not effectively fulfilled at the time of the grant of the breeder's right , or 3 ° the breeder's right has been granted to a person who was not right, unless it is transferred to the person entitled thereto.
§ 2. The breeder's right declared invalid is deemed not to have had, from the outset, the effects specified in this Act.
S.
XI.123. § 1. Failing payment of the annual fee laid down in article XI.151 within the prescribed period, the holder is forfeited ipso jure of his rights. The revocation takes effect on the date of the expiry of the annual fee not paid.
§ 2. The tribunal decide the forfeiture of the breeder of the holder's right with effect in futurum, if it is established that the conditions laid down in article XI.107 or XI.108 are more fulfilled.
If it is established that these conditions were already more met at a date prior to that of forfeiture, forfeiture may take effect from this date.
§ 3. The Office may withdraw of the breeder's right of holder, with effect in futurum, after House and within a reasonable time which is notified to him: 1 ° if the holder has failed in the obligation referred to in article XI.144, § 1 or 2 ° If the holder does not respond to a request from the Agency pursuant to article XI.145, § 3, for the control of the maintenance of the variety , or 3 ° If the holder does not propose another suitable denomination while the Agency plans to strike the denomination.

§ 4. Except in the cases referred to in paragraphs 1 and 2, the revocation takes effect on the date specified in the notification referred to in paragraph 3, subject to its entry in the register.
Section 5. -The right to breeder as an object of property articles XI.124. § 1. The application for a breeder's right and the breeder's right may be transferred to one or more successors or successors.
§ 2. Transfer inter vivos of a breeder's right or an application must be made in writing on pain of nullity.
§
3. Except as provided in article XI.160, the transfer is without prejudice to rights acquired by third parties before the date of the transfer.
§ 4. Any transfer must be notified to the Office in the forms and deadlines laid down by the King.
§ 5. The transfer has no effect with respect to the Agency and shall be enforceable against third parties only from the date of receipt by the Office of such documentary evidence as required by the King and subject to registration registry. However, before its registration in the register, a transfer is enforceable against third parties who have acquired rights after the date of the transfer, but who had knowledge of it on the acquisition of those rights.
S.
XI.125. § 1. An application for plant breeders ' rights or a breeder's right may, in whole or in part, subject to contractual licences. These licenses may be exclusive or non-exclusive.
§ 2. Licences shall be issued in writing on pain of nullity.


§ 3. The applicant or licensee shall notify without delay to the Office, in the manner decided by the King, the licences it grants in Belgium.
§ 4. Licenses have no effect with respect to the Agency and shall be demurrable to third parties only from the date of receipt by the Office of the notification referred to in paragraph 3 and subject to registration in registry. However, before its registration in the register, a license is enforceable against third parties who have acquired rights after the date of the grant of the licence, but who had knowledge thereof in the acquisition of these rights.

§ 5. The applicant or the holder may invoke the rights conferred by the application or by the breeder's right against a person holding a licence who contravenes any of the conditions or limitations attached to his licence.
S. XI.126. § 1. The Minister may grant a compulsory licence for non-exclusive use of a plant variety covered by a breeder's right: 1 ° to the person making the request, in the agreed manner by the King, but only for reasons of public interest and on reasonable terms. The King may specify certain cases as examples of public interest;
2 ° to the holder of the breeder's right of an essentially derived variety if the criteria set out in point 1 ° are filled;
3 ° to the holder of a patent concerning a biotechnological invention cannot exploit it without infringing a prior breeder right on a variety, provided that the biotechnological invention represents a significant technical progress of considerable economic interest compared with the protected plant variety and provided that this license is granted mainly for the supply of the domestic market;
4 ° the holder of a patent concerning a biotechnological invention, when the holder of a breeder's right, pursuant to the provisions of the law on patents of invention, obtained a compulsory licence for non-exclusive of the invention covered by the patent because it can exploit the breeder's right without infringing this prior patent and provided that this license is granted mainly for the supply of the national market.

§ 2. Licence applicants referred to in paragraph 1 must establish that they unsuccessfully approached the holder of the breeder's right to obtain a licence agreement.

§ 3. Demand is transmitted by the Minister to the Commission on compulsory licences referred to in article XI.128 that it may hear the parties concerned, reconciles them if it is possible, and otherwise, give a reasoned opinion on the merits of the application. The Commission attached to his opinion of the case file.
The Minister decided subsequently to book at the request and notify its decision to the persons concerned in the manner adopted by the King.
§ 4. In the case referred to in paragraph 1, 3 °, the application for a compulsory licence is declared founded if the holder of the breeder's right dominant disputes nor the dependence of the patent of the applicant for the licence, its validity, nor the fact that the invention represents a technological advance important, of considerable economic interest compared with the protected plant variety.
For the holder of the breeder's right earlier to deny the dependence of the patent of the applicant for the licence wins of right for the latter to operate the invention described in its own patent and the dominant plant variety without this head be prosecuted for infringement by the holder of the breeder's right anterior.
The challenge to the validity of the dependent patent shall suspend the administrative procedure for the recognition of the merits of the application for a licence, to condition, an action in nullity of the said patent either already introduced before the competent authority by the holder of the breeder's right dominant, either that it cites the licence applicant before the tribunal within two months of the notification which has been made of the filing of the application for licence.
The challenge of the significant technical progress of considerable economic interest of the dependent patent with the plant variety described in the dominant breeder's right suspend the administrative procedure for the recognition of the merits of the application for a licence, provided that the holder of the breeder's right dominant introduce, within two months of the notification which has been made of the filing of the application for a licence a request to the Court sitting as in interim relief. The Court decision is not subject to appeal or opposition.
Non-observance of the time limit provided for in the two preceding paragraphs leads to foreclosure of the right of the holder of the dominant breeder's right to assert his challenge before the tribunal.
§ 5. Within four months of notification of the decision, the holder and the licensee enter into a written agreement concerning their reciprocal rights and obligations. The Minister is informed.
In the absence of a convention in the abovementioned period, rights and reciprocal obligations are fixed by the Court sitting as in interlocutory proceedings, on citation of the most diligent party.
A copy of the final judgment is transmitted for free to the Minister by the clerk, in the month of delivery.
The mutual rights and obligations specify the type of acts covered and take into account the interests of any holder of a breeder's right who would be affected by the grant of the compulsory licence. They have a time limit, provide for the payment of adequate remuneration to the holder and may impose certain obligations that it is required to complete to allow the use of the compulsory licence to it.
The person in which the compulsory licence is granted must have financial and technical resources appropriate to operate therein.
Provided that new elements are involved, it may be carried out at the request of the holder of the right to breeder or the licensee, to the review of decisions taken in regard to their reciprocal obligations and, where appropriate, operating conditions. Revisional jurisdiction belongs to the authority from which the decision emanates and the procedure to be followed is the same as that which is intended to lead to the decision under review.

§ 6. When an action brought claim, under article XI.159, § 1, against the holder entered in the register, the Minister may suspend the procedure for the grant of compulsory licence. It can resume the procedure before the registration of the judgment in force of res judicata or of a decision finding that it has been put, by any other means, to the action to claim.
In the event of transfer of the breeder's right with effect for the Office, the new holder becomes party to the proceedings on the request of the applicant and if the licence application he has built with the new owner failed within a period of two months from the receipt of notification by the Agency informed him of the inclusion of the name of the new holder in the register. The application submitted by the applicant must be accompanied by sufficient documentary evidence to establish the failure of its efforts and, if applicable, to demonstrate the steps taken with the new owner.
§ 7. The Minister grants the compulsory licence by order, as set forth by the King. The decree is published in the Moniteur belge.
§ 8. At the request of the holder of the breeder's right and after having taken note of the opinion of the Committee, the Minister may withdraw the compulsory licence if it results from a judgment cast in res judicata that licensee is guilty with respect to the holder of the breeder's right for an unlawful act or that it has breached its obligations.
The decision to withdraw any mentions the reason for which the Commission's opinion was not followed.
The order of withdrawal is published by extract in the Moniteur belge.
§ 9. As soon as the grant of the compulsory licence, the relationship between the holder and the licensee are absorbed, save as otherwise provided by order of granting, to those existing between a licensor and a licensee contractual.
Chapter 2. -The Council and the Commission art. XI.127. § 1. A Council of the breeder's right, hereinafter referred to as "the Council", composed of particularly skilled in legal matters, genetics, Botany or plant science is set up at the FPS economy.
§ 2.
The role, composition and functioning of the Council and its sections are determined by the King.
The Board members are appointed and dismissed by the Minister.
§ 3. The Council operating expenses are charged to the budget of the federal public Service referred to in paragraph 1.
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XI.128. § 1. There is hereby established within the federal public Service referred to in article XI.127, § 1, a compulsory license Commission, hereinafter called the Commission, which has the mission to carry out the tasks entrusted to it by article XI.126.
The Commission is composed of ten members appointed by the Minister.
Eight members are appointed in equal numbers, on a proposal from the representative organizations: industry-trade - agriculture - small and medium-sized enterprises, and - consumers.
Organizations referred to in the preceding paragraph are designated by the Minister.
Two members are appointed from among the members of the Council referred to in article XI.127. They remain members of the Committee for the duration of their mandate within it, regardless of their membership of the Council.
The

Member of the Commission is for a period of six years. It is renewable.
The Commission is chaired by one of its members, designated by the Minister for a renewable term of three years.
The opinion shall be adopted by consensus. Failing consensus, the opinion takes up different opinions.
The King shall determine the modalities of functioning and organisation of the Commission.
The Commission shall draw up its rules of procedure. It enters into force after the approval of the Minister.

§ 2. When the Minister is seized of an application for the grant of a compulsory license, it refers to the Commission, one or more trained, selected from among officials of the FPS economy.
The Commission defines the mission of the agents referred to in paragraph 1 and set the terms under which these agents accountable of their mission. The Commission specifies the conditions of transmission of the documents referred to in paragraph 4, to ensure the protection of confidential information.
Officers commissioned for this purpose by the Minister are competent to collect all information, receive all depositions or all written or oral evidence as they consider necessary for the accomplishment of their mission.
In the performance of their duties, these agents may: 1 ° with a warning at least five working days or without prior warning if they have reasons to believe that there is a risk of destruction of coins to the statement of the application for a compulsory licence, enter, during the usual hours of opening or working in offices, premises, workshops, buildings, adjacent and paddock courses whose access is necessary for the accomplishment of their mission;
2 ° make all useful findings, produce documents, parts or books for their research and findings at the first demand and without moving, and take copies;
3 ° take samples, patterns and conditions determined by the King;
4 ° enter, against a receipt, the documents referred to in point 2 which are necessary for the accomplishment of their mission;
5 ° commit experts which they determine the mission, following the conditions laid down by the King.
The absence of confirmation by the president of the Commission within fifteen days, the seizure is thrown right. The person into the hands of which the objects are captured may consist in judicial guardian.
The president of the Commission may give release that it has confirmed, as appropriate at the request of the owner of the seized items addressed to the Commission.
Subject to a notice of at least five working days or without prior warning if they have reason to believe that there is a risk of destruction of coins to the statement of the application for a compulsory licence, commissioned officers can visit the premises inhabited on the prior authorisation of the president of the tribunal de commerce. The visits to living quarters should be between eight and eighteen hours and must be made jointly by two agents at least.
In the exercise of their mission, they may require the assistance of the police.
Commissioned officers exercise the powers accorded to them by this section under the supervision of the Attorney general, without prejudice to their subordination with respect to their superiors in the administration.

§ 3. Officers commissioned for this purpose submit their report to the Commission. The Commission issues its opinion that after hearing the holder of the breeder's right and the person that requires or has obtained the compulsory license. These persons may be assisted or represented, either by counsel or by a person that the Commission specifically authorised in each case. The Commission includes experts and persons it deems useful to query. It can load agents commissioned to carry out more information and to submit a supplementary report.
One month at least before the date of its meeting, the Board shall notify by registered mail people who should be heard during this meeting. In an emergency, time is reduced by half.

§ 4. Functioning of the Commission fees are charged to the budget of the federal public Service referred to in article XI.127, § 1.
Chapter 3. -Procedure before the Office Section 1. -Parties to the proceedings and agents art. XI.129. § 1.
May be party to proceedings before the Office, the following persons: 1 ° the applicant who filed an application for plant breeders ' rights;
2 ° the author of an objection, within the meaning of article XI.139, § 1;
3 ° the holder;
4 ° any person whose application or request is a prerequisite for a decision of the Office.
§ 2. The Agency may authorize, on written request, any other person not referred to in paragraph 1, but who is directly and individually concerned, to intervene as a party to the proceedings.

§ 3. Any physical or legal person, as well as any body assimilated to a legal person under the law governing it, is considered to be a person within the meaning of paragraphs 1 and 2.
S. XI.130. any appointment of an agent is done according to the rules laid down by the King.
Section 2. -Application article XI.131. the filing of the application for plant breeders ' rights is performed in the Office, either in person or by mail, or in any other manner determined by the King.
S. XI.132. § 1. Application for a breeder's right must contain at least: 1 ° an application for the grant of the breeder's right;
2 ° identification of the botanical taxon;
3 ° the information relating to the identity of the applicant or joint applicants;
4 ° the name of the breeder and the statement that no other person has, to the knowledge of the plaintiff, involved in the creation or discovery and the development of the variety. If the applicant is not the breeder, or if it is not the only breeder, it provides relevant documentary evidence indicating how he acquired the right to the breeder's right;
5 ° a provisional designation of the variety;
6 ° a technical description of the variety;
7 ° of details of any previous commercialization of the variety;
8 ° information concerning any other application for variety.
§ 2. The application must comply with the conditions and forms laid down in this title.
§ 3. The King can clarify and supplement by other elements mentioned in paragraph 1.

§ 4. The applicant proposes a variety denomination which may accompany the application.
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XI.133. the date of filing of the application for plant breeders ' rights is one to which a request succeeds to the Office in accordance with article XI.131, to provided that the conditions of article XI.132, § 1, are met and that the fee payable for filing under article XI.150, § 1, paragraph 1, be paid.
S. XI.134. § 1. The right of priority of an application is determined by the date of receipt of the application. If applications have the same filing date, their respective priorities are set on the basis of the order in which they were received, if it can be established. Failing that, they have the same priority.
§ 2. If the applicant or his predecessor in title has already applied a breeder for the variety's right in a Contracting Party other than Belgium, namely a State or an organization intergovernmental member of the International Union for the protection of new varieties of plants, and if the filing date lies within a period of twelve months after the filing of the first application the applicant is given to its request for breeder's Belgian, a right of priority of the first application, provided that this request is still at the date of filing.
§ 3. The right of priority to consequence that, for the purposes of sections XI.106, XI.109 and XI.111, the date of filing of the first application is worth filing date of demand for breeder's Belgian.
§ 4. Any claim of a right of priority goes if the applicant does not submit to the Agency, within a period of three months from the date of filing, a copy of the first application. If the first application was not drawn up in french, Dutch or German, the Office may also require a translation of the first application in one of these languages.
Section 3. -Review article XI.135. § 1. The Office examines: 1 ° if the application complies with the conditions laid down in article XI.132;
2 ° where appropriate, if a claim of the right of priority is in conformity with article XI.134, §§ 2 and 4;
and 3 ° If the fee payable for filing under article XI.150, § 1, paragraph 1, has been paid within the prescribed time limit.
§ 2. If the application, while fulfilling the conditions set out in article XI.133, does not the other conditions referred to in article XI.132, § 2, the Office shall invite the applicant to remedy any irregularities within the prescribed period.
§ 3. If the application does not meet the conditions set out in article XI.133, the Office shall inform the applicant that his request is incomplete.
§
4. In the event of incomplete application, the applicant is responsible for the conservation and the possible reference materials and documents.
S. XI.136. § 1. The Agency examines, on the basis of the information provided in the request, if the variety may be the object of a breeder's right under article XI.104, if it is a new variety within the meaning of article XI.109 and if the applicant is entitled to file an application in accordance with article XI.112.
§ 2.

The Agency examines, as set forth by the King, if the proposed variety denomination is eligible pursuant to article XI.143.
§ 3. The first applicant is considered to be entitled to the breeder's right. This provision does not apply if, until he ruled on the request, demonstrated by a judicial decision has res judicata concerning a claim the right under article XI.159, § 3, that the right is not, or not only, returns to the first applicant. If the identity of the single person authorised or the other person entitled has been established, this person may initiate proceedings as plaintiffs.
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XI.137. § 1. If, following the examinations referred to in articles XI.135 and XI.136, the agency finds that no obstacles to the grant of the breeder's right, it takes the appropriate arrangements for the technical examination of the variety is carried out.
§ 2. The technical review aims to ensure that the conditions laid down in articles XI.106, XI.107 and XI.108 are met. This review allows the Agency to establish the official description of the variety and obtain an official sample.

§ 3. The technical examination is conducted under the direction of the Office, who may be assisted by the Council. It is conducted in accordance with accepted guiding principles by the Office and, where appropriate, by the Council and in accordance with the instructions given by the Office.
§ 4. The Agency is empowered to conclude agreements of cooperation in the technical examination of varieties and to take to this end, the necessary implementing measures.
§ 5. When growing tests and other tests required were made pursuant to paragraph 4, by the service of a Contracting State referred in article XI.134, § 2, responsible for granting the rights of breeders of this part or are underway with this service, and that the results can be obtained by the Agency and are applicable to the Belgium agroclimatic conditions the report referred to in article XI.138 may be based on such results.
§ 6. When supra review report is not based on results obtained in accordance with paragraph 5, the review is based on experiments in culture and the other necessary tests carried out either by the Office or by a third-party institution under contract, either by the applicant at the request of the Agency.
§ 7. The applicant is required to furnish any information, document or material required by the Office for the purposes of the technical examination.

§ 8. If the applicant claims a right of priority in accordance with article XI.134, § 2, it presents the necessary material and any other required within a period of two years from the date of filing of the application, in accordance with article XI.133. If the first request is withdrawn or rejected before the expiry of the period of two years, the Office may require the applicant it presents the material or any other part required within a specified period.
S. XI.138. § 1.
When the technical examination carried out under article XI.137, § 1, is completed, he is the subject of an examination report which is transmitted to the Agency. If the report shows that the conditions laid down in articles XI.106, XI.107 and XI.108 are met, a description of the variety is attached.
§ 2. The examination report and the conclusions of the Agency with respect to this report and, where appropriate, the conclusions of the Council, shall be communicated to the applicant.
§
3. The applicant may take note of the folder and submit comments.
§
4. If it considers that the review report does not decide informed, the Agency may, on its own initiative after consultation with the applicant or at the request of the latter, provide an additional examination. For the assessment of the results, any complementary examination carried out until a decision referred to in articles XI.141 and XI.142 become final is regarded as part of the review referred to in article XI.135.
S. XI.139. § 1. Any person may submit to the Office a written objection to the grant of the breeder's right.
§ 2. Without prejudice to article XI.153, the authors of the objections have access to documents, including the results of the technical review and, where appropriate, the description of the variety.
§ 3. Objections may only rely on the following grounds: 1 ° the conditions set out in articles XI.106, XI.107, XI.108, XI.109 and XI.111 are not met;
2 ° the denomination is not in conformity with the provisions of article XI.143.
§ 4. The King determines the information to be contained in the objections and set the period within which objections must be addressed and procedures of review of these.
S. XI.140. If an objection to non-compliance with the conditions listed in article XI.111, §§ 1, 2 and 3 results in the withdrawal or rejection of the application for plant breeders ' rights and if the objector files an application for plant breeders ' rights within a period of one month for the same variety, withdrawal or final rejection of the application, it may require that the date of filing of the application withdrawn or rejected is considered to be the date of filing of its application.
Section 4. -Decisions art. XI.141. § 1.
The agency denies immediately plant breeders ' rights if it finds that the applicant: 1 ° has not remedied the deficiencies referred to in article XI.135, § 2, within the time allotted to him to be able to do so;
or 2 ° is not complied with the request of the Office referred to in article XI.137, § 7 or 8, within the time limit, unless the Office has consented to non-information, documents or material;
or 3 ° has not proposed by eligible name according to article XI.143 within the time limit fixed by the Office.
§ 2.
The Agency also denies breeder's right: 1 ° if it finds that the conditions it is required to verify pursuant to article XI.136 are not met;
or 2 ° if he comes to the conclusion, based on the examination report referred to in article XI.138, that the conditions laid down in articles XI.106, XI.107 and XI.108 are not met.
S. XI.142. If he considers that the results of the technical examination are sufficient to dispose of the application, and that no obstacle within the meaning of sections XI.139 and XI.141 objects, the Office shall grant the breeder's right and issue a breeder's certificate. The decision shall contain the official description of the variety.
S. XI.143. § 1. When a breeder's right is granted, the Board shall approve, for the variety in question, the variety denomination proposed by the applicant in accordance with article XI.132, § 3, if it considers, on the basis of the examination carried out in accordance with article XI.136, § 2, that this denomination is eligible.
§ 2. The King shall determine the conditions to be satisfied by the denomination to be eligible, as well as the conditions of his employment.

§ 3. The name is intended to be the generic designation of the variety.
§
4. The Office registers the name with the breeder's right shall be granted.
Section 5. -Maintenance of the breeder's right article XI.144. § 1. The licensee is required to maintain the protected variety or, where applicable, its hereditary components, for the duration of the validity of the law.
§ 2. The holder may be required to ensure the sustainability of the official sample himself.
S. XI.145. § 1. The Agency can control than the variety and, where applicable, its hereditary components are maintained for the duration of the protection.
§ 2. The Agency is empowered to conclude agreements of cooperation in the control of the maintenance of varieties and to take the implementing measures required for this purpose.
§ 3. On request of the Office, the holder is required to submit to the agency or to any party designated by it, within the time limit, the information, documents or material deemed necessary to the control of the maintenance of the protected variety and do not impede examination of the measures taken for the maintenance.
§ 4. When giving clues suggest that the variety is not maintained and that, where appropriate, suspicions are not dissipated by the information and documents provided by the licensee pursuant to paragraph 3, the Agency ordered a control of the maintenance of the variety, which it regulates.
The holder shall permit inspection of material of the variety concerned and of the place in which the identity of the variety is preserved so that can be collected the information necessary to assess if the variety is maintained.
The licensee is required to keep the necessary documentation to verify that appropriate measures have been taken.
§ 5. Control includes growing tests or other trials in which the material provided by the holder is compared to the official description or the official sample of the variety.
§ 6.
Where control reveals that the holder has not maintained the variety, the holder shall, on request of the Office or at his request, heard before taking a decision of forfeiture under article XI.123.
S. XI.146. on request of the Office, the licensee is required to provide to the agency or to any party designated by it, in time, samples appropriate of the protected variety or, where applicable, of its hereditary for the purpose components: 1 ° of the constitution or the renewal of the official of the variety sample, or 2 ° of the conduct of comparative reviews of varieties for the purposes of protection.
S. XI.147. § 1.

The Agency, as set forth by the King, modifies a variety denomination issued in accordance with article XI.143 if it finds that the name does not comply or no longer complies with the conditions laid down in this article and if, in the presence of a right prior to a third party, the holder accepts or if a judicial decision has res judicata prohibits the use of the denomination by the licensee or any person required to use the variety denomination.
§
2. The Agency encourages the licensee to propose an amended variety denomination and continues with the procedure in accordance with article XI.143.
§ 3. The modified name proposed may be the subject of objections in accordance with article XI.139, § 3, 2 °.
Section 6. -Other provisions governing the proceedings article XI.148. § 1. When, despite all due care demonstrated in the particular circumstances, the applicant of the right to breeder's right or the holder or any other party to proceedings before the Office has not been able to observe a time limit with respect to the Office, it may be, on request, restored his rights if such impediment had the direct consequence under the provisions of this Act, the loss of a right or a means of redress.
§ 2. The application is made in writing within a period of two months from the removal of the cause. The omitted Act must be within this period. The request is admissible only within a period of one year from the expiration of the time limit not observed.

§ 3. The request shall be duly substantiated and indicates the facts and justifications to support.
It is deemed filed only after payment of the fee for restoration in rights, within the period specified in paragraph 2. The Office shall decide on the request.
§ 4. This article shall not apply to the time limits provided for in paragraph 2 and to article XI.134.
§ 5.
Anyone who has, in good faith, during the period between the loss of a related right, within the meaning of paragraph 1, the application or the grant of the breeder's right and restoration thereof, operated or made of the effective and serious preparations to exploit the material of a variety which is the subject of a request published of breeder's right or of a protected variety may , for free, continue this operation in his establishment or for the purpose of its establishment.
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XI.149. § 1. When an action brought, under article XI.159, § 3, against the applicant is entered in the register, the Office may suspend the proceedings.
The Agency may specify the date on which it intends to continue the procedure.
§ 2. If a res judicata a decision has been made on the action to claim referred to in paragraph 1 or that a decision finding that it has been put, by any other means, in this action, is entered in the register, the Agency takes over the procedure. It can repeat the procedure at an earlier date, but not before the date fixed pursuant to paragraph 1.

§ 3. When the right to the breeder's right is transferred for the benefit of a third party and that this transfer has effect with respect to the Office, the third party concerned may be substituted for the first plaintiff, subject to inform the Office within a time limit of one month from the entry of the decision entered into force of res judicata in the register. The fees payable pursuant to article XI.150 already paid by the first applicant shall be deemed have been paid by the second applicant.
Section 7. -Fees and charges article XI.150. § 1. The King fixed the amount of the fees that the applicant must pay for the deposit and the prosecution of its application.
The King also sets: 1 ° the amount of fees payable for registrations made by the Agency pursuant to sections XI.124, XI.125 and XI.126, 2 ° the amount of royalties payable for the issuance by the Office, certificates and copies, 3 ° the amount of royalties for the control of the maintenance of the variety, 4 ° the amount of the refund fee in full.

§ 2. If the fees payable under subsection 1, paragraph 1, are not paid, the applicant shall be deemed to waive its application.
§ 3. The King lays down the procedures for the collection of royalties.
§ 4. Fees are not refundable.
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XI.151. § 1. For the maintenance of the breeder's right, the Agency collects annual fees during the term of the right.
§ 2. The annual fee must be paid in advance. Payment comes due the last day of the month of the anniversary date of the grant of the breeder's right.
The annual fee for the first year is paid before the end of the month following that during which the breeder's right is granted.
Where payment of the annual fee has not been made by the due date, this fee may still be paid increased a surcharge, within a period of two months from the expiry of the annual fee.
§ 3.
The King fixed the amount and modalities of perception of the annual fee and surcharge.

§ 4. The annual fee is not refundable.
Section 8. -Keeping of the register article
XI.152. § 1. The Office shall keep a register of applications for plant breeders ' rights and breeder rights granted.
§ 2. In the registry are carried the following inscription: 1 ° applications for plant breeders ' rights with reference to the taxon, the designation interim of the variety, the date of deposit, as well as the name and address of the applicant, of the breeder and of any representative concerned;
2 ° any case of end of a procedure concerning applications for plant breeders ' rights with reference to data referred to in point 1 °;
3 ° the denomination proposals;
4 ° the amendments relating to the identity of the applicant or his authorized representative;
5 ° any transfer notified a request, with mention of name and address assigns or successors;
6 ° the contractual licences notified, along with the name and address of the licensee;
7 ° any disputes relating to civil rights, as well as the decision entered into force of res judicata for this action or any abandonment thereof.
§ 3. After the grant of the breeder's right, are also worn in the registry the following inscriptions: 1 ° the species and the denomination of the variety;
2 ° the official description of the variety;
3 ° in the case of varieties for the production of material, requiring repeated use of equipment of certain components, the mention of these components;
4 ° the name and address of the holder, of the breeder and of any representative concerned;
5 ° the date of beginning and extinction of the breeder's right, and the reasons for its extinction.
6 ° any notified shipment of a breeder's right, with mention of the name and address of the right holders or holders concerned;
7 ° the contractual licences notified, along with the name and address of the licensee;
8 ° compulsory licensing and the decisions relating thereto, with mention of the name and address of the licensee;
9 ° modification in a breeder's right;
10 ° if the holder of an initial variety and the breeder of a variety essentially derived from the initial variety both make the request, the identification of the varieties as initial and essentially derived, including the variety denominations and the names of the parties concerned. A request by one of the parties concerned is sufficient if it got, either uncontested recognition of the other party in accordance with article XI.161, or a judicial decision entered into force of res judicata with identification of the varieties concerned as initial and essentially derived;
11 ° any dispute on civil rights and the decision entered into force of res judicata for this action or any abandonment thereof.
§ 4. The King may attach any other details or any other condition relating to the entry in the register.
§ 5. The markings referred to in paragraphs 2, 7 °, and 3, 11 °, shall be made by the clerk of the Court which ruled on the concerned issue, on request of any interested person or the person who brought the action.
§ 6. The Agency may, in relation to the number and type of characters or the terms established by these characters, adapt to office and after consulting the licensee, the official description of the variety, if necessary, the principles applicable to the description of varieties of the taxon concerned, in order to make the description of the variety comparable with the descriptions of other varieties of the taxon concerned.
S. XI.153. § 1. The register referred to in article XI.152 is open to public inspection, in the premises of the Office.
§ 2. Extracts from the register shall be issued at the request of any interested person.
§ 3. Any person having a legitimate interest may, under the terms defined by the King: 1 ° consult documents relating to a request for breeder's right, 2 ° to consult documents relating to a breeder's already granted, 3 ° right visit growing intended for the technical of a variety review, and 4 ° tests visit growing tests intended for technical maintenance of a variety verification.

§ 4. In the case of varieties for which material with specific components has to be used repeatedly for the production of material of the variety, on request of the applicant of the breeder's right, all information relating to components, including their culture, are excluded from the public consultation. Such a request is more responsive when it was held at the request of the breeder's right.

S. XI.154. the entries in the register imposed by article XI.152, § 2 and § 3, 1 °, 4 °, 5 °, 6 °, 7 °, 8 °, 9 °, 10 ° and 11 °, are published by the Office in the manner determined by the King.
Chapter 4. -Respect of Rights Section 1.
-Infringement art. XI.155. constitute an infringement: 1 ° the performance, without permission, one acts referred to article XI.113, § 2, of a protected variety, or 2 ° the use of a variety denomination contrary to the requirements of article XI.118, § 1, or 3 ° use, contrary to article XI.119, § 3, of the variety denomination of a protected variety or a designation that may be confused with the name.
S. XI.156. § 1. Infringement action may be instituted from the date on which the grant of the breeder's right is published and only for acts of infringement committed after that date.
§ 2. The holder or the usufructuary of a breeder's right are entitled to act for infringement.
However, the beneficiary of a compulsory licence granted pursuant to article XI.126, § 1, may act as infringement if, after notice, holder or the usufructuary of the breeder's right do not commit such an action.
The beneficiary of an exclusive licence may act for infringement, unless otherwise provided in the license agreement.
Any licensee is entitled to intervene in the proceeding for infringement committed by the holder or the beneficiary to obtain compensation for the damage he has suffered.
S. XI.157. the holder may require reasonable compensation on the part of any person, the period between publication of the application of breeder's right and the grant of the breeder's right, an act that would have prohibited after that period in respect of the breeder's right.
S. XI.158. the provisions of civil law to sanction the cases of infringement of the Belgian breeder's right are applicable also to cases of infringement of a Community plant variety right granted pursuant to Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights.
Section 2. -Claim of the breeder's right and identification of a variety arts. XI.159. § 1. If the breeder's right has been granted to a person not entitled under section XI.111, the person entitled may, without prejudice to any other rights or actions, claim the transfer for the benefit of the breeder's right.
§ 2. If the injured person is entitled only to a part of the breeder's right, she may, in accordance with the provisions of paragraph 1, claim recognition as a co-owner.
§ 3. The actions referred to in paragraphs 1 and 2 are also recognized mutatis mutandis to the person entitled to any granting of plant breeders ' rights application filed by a person who was not entitled or which was not the only one to qualify.
S. XI.160. § 1. When a complete change in applicant or owner intervenes following a judicial decision entered into force of res judicata on the basis of an action, licences lapse with the entry of the person entitled in the register.
§ 2. If, before the introduction of the action to claim, the applicant, the holder or licensee has done any of the acts referred to in article XI.113, § 2, or because of actual preparations and seriously to this end, he may continue or perform such acts, provided that they apply for the grant of non-exclusive to new applicant or registered proprietor in the register.
§ 3. Paragraph 2 does not apply where the applicant, the holder or the licensee was in bad faith at the time of the performance of acts or of preparations to this end. S. XI.161. the holder of an initial variety and the breeder of a variety essentially derived have the right to obtain the acknowledgement of the identification of the varieties concerned as initial and essentially derived variety.
Section 3. -Prescription art.
XI.162. § 1. The actions referred to in articles XI.156 and XI.157 are prescribed by three years from the date that the breeder's right has finally been granted and to which the holder became aware of the Act and of the identity of the author of the infringement and, in the absence of this knowledge, thirty years after the completion of the Act in question.
§ 2. The actions referred to in article XI.159, §§ 1 and 2 are prescribed by five years from the date of publication of the grant of the breeder's right. This provision does not apply if the holder knew, at the time of the grant or the acquisition of the right, that he was not entitled or that it was not the only one to have access to the breeder's right.
§ 3. The actions referred to in article XI.159, § 3, are prescribed by five years from the date of publication of the application for plant breeders ' rights. This provision does not apply if the applicant knew, at the time of the request or the acquisition of the request, that he was not entitled or that it was not the only one to have access to the application.
Title 4. -Trademarks and designs art. XI.163 subject to the provisions relating to the action for an injunction and interim measures referred to in the book XVII, title 1, Chapter 4, and the provisions relating to the exercise of supervision, research and the establishment of offences and the penalties referred to in book XV, the protection of trademarks and designs is governed by the Benelux Convention on intellectual property (trademarks and designs) done at the Hague on 25 February 2005.
Title 5. -Copyright and rights neighbors Chapter 1. -General art. XI.164. this title implements the following directives:-Directive 93/83 / EEC of 27 September 1993 on the coordination of certain rules of the law of copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission;
-Directive 96/9 / EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases;
-Directive 2001/29 / EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of the law of copyright and related rights in the information society;
-Directive 2001/84 / EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art.
-Directive 2006/115 / EC of the European Parliament and of the Council of 12 December 2006 on the rental and lending right and certain rights related to copyright in the field of intellectual property;
-Directive 2006/116 / EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights.
Chapter 2. -Copyright Section 1.
-Copyright in general art. XI.165. § 1. The author of a literary or artistic work alone has the right to reproduce or authorize the reproduction, in any manner and in any form whatsoever, whether direct or indirect, temporarily or permanently, in whole or in part.
This right includes the exclusive right to authorize adaptation or translation.
This right also includes the exclusive right to authorize the rental or lending.
The author of a literary or artistic work alone has the right to communicate to the public by a process, including by making available to the public in such a way that everyone can access them from a place and at a time individually chosen by them.
The author of a literary or artistic work alone has the right to authorize the distribution to the public, by sale or otherwise, the original of his work or copies thereof.
The first sale or first other transfer of ownership of the original or a copy of a literary or artistic work in the European Union by the author or with his consent exhausts it distribution of the original or the copy right in the European Union.
§ 2. The author of a literary or artistic work has on it an inalienable moral right.
Overall renunciation of the future exercise of this right is void.
It includes the right to disclose the work.
The undisclosed works are elusive.
The author has the right to claim or to refuse the authorship of the work.
It has the right to respect for his work to oppose any modification thereof.
Notwithstanding any waiver, it retains the right to oppose any distortion, mutilation or other modification of this work or any other infringement in the same work, prejudicial to his honor or reputation.
S. XI.166. § 1.
Copyright extends for 70 years after the death of the author for the benefit of the person who has been designated for this purpose or, in default of heirs in accordance with article XI.171.

§ 2. Without prejudice to the second and the third subparagraph of this paragraph, when the work is the product of a collaboration, copyright exists for the benefit of all successors until seventy years after the death of the last surviving co-author.
The term of protection of an audiovisual work expires seventy years after the death of the last survivor of the following persons: the principal Director, the author of the screenplay, the author of the texts and the author of the musical compositions with or without words, specially created for the work.
The term of protection of a musical composition with words shall terminate seventy years after the death of the last survivor among the people

following, that these persons are designated as co-authors: the author of the lyrics and the composer of the musical composition, provided that the two contributions were specially created for the musical composition with words.
§ 3. For anonymous or pseudonymous works, the term of copyright is seventy years after the work is lawfully made available to the public.
However, when the pseudonym adopted by the author leaves no doubt about his identity, or if the author became known during the period referred to in the preceding paragraph, the duration of protection of a work is that indicated in paragraph 1.
In the case of anonymous or pseudonymous works that have not been lawfully made accessible to the public during the seventy years that followed their creation, the protection shall end with the expiry of this period.

§ 4. When a work is published in volumes, parts, instalments, issues or episodes and the seventy year period begins to run from the moment the work is made accessible to the public, the term of protection runs for each item separately.
§ 5. The term of protection of photographs which are original in the sense that they are their author's own intellectual creation, is determined in accordance with the preceding paragraphs.
§ 6. Any person who, after the expiry of copyright protection, lawfully publishes or communicates lawfully to the public for the first time a work not previously published enjoys a protection equivalent to the economic rights of the author. The duration of protection of these rights is twenty-five years from the time when for the first time, the work has been lawfully published or communicated lawfully to the public.
§ 7. The times shown in this section are computed from January 1 of the year following the event.
S. XI.167. § 1. The economic rights are movable, assignable and transferable, in whole or in part, in accordance with the rules of the civil Code. They can be the subject of a disposition or a simple or exclusive license.
With respect to the author, all contracts prove in writing.
Contractual provisions relating to copyright and its modes of operation are to be strictly interpreted. The assignment of the object that incorporates a work does not constitute the right to exploit it; the author will have access to his work to a reasonable extent to the exercise of his economic rights.
For each mode of exploitation, the remuneration of the author, the extent and duration of the assignment must be determined explicitly.
The transferee is required to ensure the exploitation of the work in accordance with honest practices of the profession.
Notwithstanding any provision to the contrary, the assignment of rights concerning unknown forms of exploitation is zero.
§ 2. The assignment of the economic rights relating to future works is valid only for a limited time and insofar as gender works on which door the assignment are determined.
§ 3. When works are created by an author in pursuance of a contract of employment or a status, the economic rights may be transferred to the employer provided that the assignment of rights is expressly envisaged and that the creation of the work falls within the scope of the contract or the Statute.
When works are created by an author in a command contract, the economic rights may be transferred to the one who placed the order as far as the latter is within non-cultural industry or advertising, that the work is intended for this activity and that the assignment of rights is expressly provided.
In these cases, the paragraph 1, paragraphs 4 to 6, and § 2 do not apply.
The clause which confers on the assignee of copyright the right to exploit the work in a form unknown at the date of the contract or commitment under status must be express and stipulate a participation in the profits generated by this operation.
Collective agreements can determine the scope and modalities of the transfer.
S. XI.168. when the copyright is undivided, the exercise of this right is regulated by conventions. Absence of conventions, none of the authors may exercise alone, except to the courts to decide in case of disagreement.
However, each of the authors remain free to continue achieving that would be brought to the copyright on his behalf and without the intervention of others, and to claim damages for its part.
The courts will still be able to subject the authorization to publish the work in the measures they deem useful to prescribe; they may decide at the request of the opponent author, that it will not participate, fees or profits from the operation or that his name will not appear on the artwork.
S. XI.169. when it comes to a work of joint authorship where the contribution of the authors can be individualized, these authors may not, unless otherwise agreed, deal with their works with new collaborators.
Nevertheless, they have the right to separately operate their contribution, provided that this operation does not prejudice the joint work.
S.
XI.170. the originating copyright holder is the natural person who created the work.
Is presumed author, unless evidence to the contrary, any person who appears as such on the work on a reproduction of the work, or in connection with a communication to the public, because of the mention of its name or acronym to be identifiable.
The Publisher of an anonymous work or pseudonym is deemed against the third party, to be the author.
S. XI.171. after the death of the author, the rights laid down in article XI.165, § 1, shall be exercised during the term of protection of copyright, by his heirs or legatees, unless the author has allocated them to a specific person, the legal reserve that devolves upon the heirs.
After the death of the author, the rights laid down in article XI.165, § 2, shall be exercised by his heirs or legatees, unless he has designated a person for this purpose.
In case of disagreement, shall be made as provided for in article XI.168.
Section 2. -Provisions specific to the literary arts. XI.172. § 1. Literary works, means the writings of any kind, as well as lessons, lectures, speeches, sermons or any other oral manifestation of thought.
Speeches made in deliberative assemblies, in public hearings, the courts or political meetings may be freely reproduced and communicated to the public, but to the author alone belongs the right to pull them apart.
§ 2. The official acts of the authority do not give rise to copyright.
Section 3. -Provisions specific to works of graphic or plastic art s. XI.173. unless otherwise agreed, the assignment of a work of graphic or plastic art takes for the benefit of the purchaser the transfer of the right to expose it as what conditions non-injurious to the honour or reputation of the author, but not the assignment of other rights of the author.
Except convention or uses contrary, the assignment of a work of graphic or plastic art carries banning to achieve other identical copies.
S.
XI.174. neither the author nor the owner of a portrait nor any other possessor or holder of a portrait has the right to reproduce it or communicate it to the public without the consent of the person represented or that of his successors in title for twenty years from his death.
S. XI.175. § 1. To all acts of resale of an original work of art in which involving as sellers, buyers or intermediaries, professionals of the market of art, subsequent to the first transfer by the author, it is due to the author by the seller an on inalienable right, which cannot be waived, even in advance, be calculated on the resale price.
For the purposes of this section, means "original work of art", the works of graphic art or plastic such as tables, collages, paintings, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics, glassware and photographs, for as much as it's creations executed by the artist himself or copies considered to be original works of art.
Copies of works of art covered by this section, which have been executed by the artist himself or under his responsibility, a limited number are considered to be works of original art for the purposes of this section. Such copies are in principle authorized in another way by the artist or signed or numbered.
§ 2. The resale right does however not apply to an act of resale where the seller has acquired the work directly from the artist less than three years before that resale and the resale price does not exceed € 10,000. The burden of proof of compliance with these conditions is the responsibility of the seller.
§ 3. The resale right belongs to the heirs and other successors of the authors in accordance with articles XI.166 and XI.171.

§ 4. Without prejudice to the provisions of international conventions, reciprocity applies the right away.
S. XI.176. the right of resale is calculated on the sale price excluding VAT, insofar as it reaches at least 2,000 euros. In order to remove disparities which have negative effects on the functioning of the internal market, the King may modify the amount of 2.000 euros but could not secure more than 3,000 euros. The amount of the resale right is fixed

as follows:-4% for the portion of the price of sale up to 50,000 euros.
-3% for the portion of the price of sale between 50.000,01 EUR and 200.000 euros.
-1% for the portion of the price of sale between 200.000,01 EUR and 350,000 euros.
-0.5% for the portion of the price of sale between 350.000,01 EUR and EUR 500 000.
-0,25% for the portion of the sale price exceeding EUR 500 000.
However, the total amount of the fee cannot exceed 12,500 euros.
S. XI.177. § 1. Towards third parties the resale right may only be exercised by the single platform referred to in § 2.
When the author has not entrusted the management of his rights to a company's management rights, single platform shall be deemed to be mandated to manage his rights. The author may assert his rights within a period of five years from the date of resale of his work.
§ 2. For the purposes of management of the right of continued, a single platform is created by management companies that manage the right away. The declaration of the resales referred to in article XI.175, § 1, and the payment of the resale right are carried out via the single platform. The King determines, by Decree deliberated in the Council of Ministers, the conditions to meet the unique platform.
S. XI.178. § 1. For sales made in the course of a sale by public auction, professionals of the market of art involved in resale as sellers, buyers or intermediaries, the public officer, and the seller are jointly and severally obliged to report sales in the month of the single platform. They are also jointly and severally liable to pay the fees due within a period of two months following the notification via the single platform.
For sales that are not made in the course of a sale by public auction, including the sales giving rise to the application of article XI.175, § 2, professionals of the market of art involved in resale as sellers, buyers or intermediaries and the seller are jointly and severally obliged to notify the sale within the time and in the manner determined by the King to the single platform. They are also jointly and severally liable to pay the fees due within a period of two months following the notification via the single platform.
Declarations for resales referred to in paragraphs 1 and 2 shall, from 1 January 2015, be conducted electronically with the unique platform through a system that meets the conditions laid down by the King. The King may change the date provided for in the previous sentence.
§ 2. The action of the author are prescribed by five years from the resale.
§ 3. The expiry of the limitation period set out in paragraph 2, management companies designated by the King share rights that could not be paid to beneficiaries, according to the procedures laid down by the King.
§ 4. During a period of three years after the resale, the single platform may require the art market professionals all necessary information collection and distribution of the droit de suite, in accordance with the rules laid down by the King.
The authors may also, in accordance with the rules laid down by the King, require unique platform referred to in article XI.177, § 2 all information necessary to the perception and the distribution of the right away.
§ 5. Management companies referred to in article XI.177, § 1, publish in the manner and within the time fixed by the King on the site of the single platform resales declaring them.
Section 4. -Provisions specific to audiovisual works art. XI.179. in addition to the principal Director, were the authors of an audiovisual work quality individuals who contributed.
Shall be presumed, unless proved otherwise, authors of an audiovisual work produced in collaboration: a) the author of the screenplay;
(b) the author of the adaptation;
(c) the author of the texts;
d) the graphical author for works of animation or animation of audiovisual sequences that represent a significant proportion of this work;
(e) the author of the musical compositions with or without words, specially created for the work the authors of the original work shall be assimilated to the authors of the new work if their contribution is used.
S. XI.180. the author who refuses to complete his contribution to the audiovisual work or is unable to do so, cannot oppose the use thereof for the completion of the work.
It will, for this contribution, authorship and shall enjoy the rights deriving therefrom.
S.
XI.181. the audiovisual work shall be considered completed when the final version has been established by mutual agreement between the producer and the principal Director.
The moral rights of the authors may be exercised by them on the completed audiovisual work.
It is forbidden to destroy the matrix of this version.
S. XI.182. unless otherwise specified, the authors of an audiovisual work and the authors of a creative element lawfully integrated or used in an audiovisual work, with the exception of the authors of musical compositions, give producers the exclusive right of audiovisual exploitation of the work, including the rights necessary to the operation such as the right to add subtitles or to double the work without prejudice to the provisions of articles XI.181 and XI.183 of the present title.
S. XI.183. § 1. With the exception of audiovisual works under non-cultural industry or advertising, the authors of the audiovisual work, are entitled to separate remuneration for each mode of exploitation.
§ 2. The amount of the compensation is, unless stipulated otherwise, in proportion to the revenue resulting from the exploitation of the audiovisual work. In this case, the producer sent to the author at least once year, a statement of receipts he received according to each mode of exploitation.
S. XI.184. the granting of the right of audiovisual adaptation of a preexisting work must be a separate contract of the edition of the work contract.
The beneficiary of the right undertakes to exploit the work in accordance with honest practices of the profession and to pay to the author, unless otherwise agreed, remuneration proportional to the income he received.
S. XI.185. the bankruptcy of the producer, implementing judicial reorganisation or winding up of its business do not cause the termination of the contracts with the authors of the audiovisual work.
When the realization or the exploitation of the work is continued, the trustee or liquidator, as the case may be, is held in compliance with all obligations of the producer to the authors.
In the event of assignment of all or part of the undertaking or its liquidation, the liquidator or trustee, as the case may be, is required to establish a separate lot for each audiovisual work whose exploitation rights can be an assignment or a sale at auction.
It has an obligation to advise, on pain of nullity, each of the other producers of the work, the Director and the other sponsors, by registered mail with acknowledgement of receipt at one month at least before the transfer or before any other sale or auction procedure.
The purchaser is responsible for the obligations of the transferor.
The Director and, in his absence, other authors have a preferential right in the work, unless one of the co-producers States purchaser. Failing agreement, the purchase price is fixed by judicial decision.
If one of the co-producers is not expressed purchaser within a period of one month from the notification that has been made, the Director may exercise the right preference for a period of one month.
After this period, the sponsors have one month to exercise their preferential right.
The exercise of this right is done by usher feat or by sending recommended with acknowledgement of receipt sent to the trustee or liquidator, as the case may be.
Recipients of a right can preferably be waived by usher feat or by sending recommended with acknowledgement of receipt sent to the trustee.
When the producer activity ceased for more than 12 months or where liquidation is published it has provided for the sale of the audiovisual work more than twelve months after its publication, each author of the audiovisual work may request the termination of his contract.
Section 5. -Provisions specific to article databases XI.186. databases which, by the selection or arrangement of their contents, constitute the author's own intellectual creation are protected as such by copyright.
The protection of databases by copyright does not extend to the works, data or materials themselves and is without prejudice to any right existing in the works, data or other elements contained within the database.
S. XI.187. unless contractual provision or statutory contrary, only the employer is presumed assignee of the economic rights relating to the databases created, in the non-cultural industry, by one or more employees or agents in the exercise of their duties or following the instructions given by their employer.
Collective agreements can determine the scope and terms of the presumption of assignment.
S.
XI.188. the lawful user of a database or of copies thereof may perform the acts referred to in article XI.165, § 1, which are necessary for the access to the contents of the database and normal use by itself without the authorization of the author of the database.
Where the lawful user is authorized to use only a portion

database, 1st paragraph ' applies only to that part.
The provisions of paragraphs 1 and 2 are mandatory.
Section 6. -Exceptions to the economic rights of the author article XI.189. § 1. Quotes from a lawfully published work, carried out for the purpose of criticism, of controversy, review, teaching, or in scientific works, in accordance with the fair practice of the profession and to the extent justified by the aim pursued, not infringe copyright.
The quotations referred to in the preceding paragraph shall make mention of the source and the name of the author, unless this turns out to be impossible.
§ 2. The production of an anthology for teaching that searches only direct economic or commercial advantage or indirect requires the agreement of the authors whose works extracts are thus grouped together. However, after the death of the author, the consent of the owner of copyright is not required provided that the choice of the extract, its presentation and its place respect the moral rights of the author and that fair compensation be paid, to be agreed between parties or, failing that, to be fixed by the judge in accordance with honest practices.
§ 3. The author may not prohibit the temporary acts of reproduction that are transient or incidental, a part integral and essential of a technological process and whose sole purpose is to enable:-a transmission in a network between third parties by an intermediary; or - a lawful use of a protected work, and which have no independent economic significance.
S. XI.190. when the work has been lawfully published, the author may not prohibit: 1 ° the reproduction and the communication to the public, for the purpose of information, of short fragments of works or of works of plastic art or graphic in their entirety on the occasion of reports of current events;
The reproduction and communication to the public of the work on the occasion of occurrence reporting of news in accordance with the preceding paragraph, must be justified by the objective information, and the source, including the author's name, should be mentioned, unless this turns out to be impossible.
2 ° the reproduction and the communication to the public of the work exhibited in a place accessible to the public, when the purpose of reproduction or communication to the public is not the work itself;
3 ° free and private enforcement in the family circle;
4 ° executing free made in the course of school activities, which can occur both within the institution and outside it;
5 ° the fragmentary reproduction or integral of articles, works of plastic art or graphic or that of short fragments of other works, with the exception of partitions, where such reproduction is made on paper or on a similar support, by means of any photographic technique or any other method produces a similar result for strictly private purposes and is not prejudice the normal exploitation of the work;
6 ° the fragmentary reproduction or integral of blogs, of works of graphic or plastic art or short fragments of other works where such reproduction is made on paper or a similar medium, by means of any photographic technique or any other method produces a similar result, for purposes of illustration for teaching or scientific research, to the extent justified by the non profit purpose and which does not prejudice the normal exploitation of the work , provided at least that this is impossible, that the source, including the author's name, is indicated;
7 ° the fragmentary reproduction or integral of articles, works of art plastic or chart or that of short fragments of other works, when such reproduction is made on any medium other than on paper or similar media, for the purposes of illustration for teaching or scientific research to the extent justified by the non profit purpose and does not prejudice the normal exploitation of the work , provided at least that this is impossible, that the source, including the author's name, is indicated;
8 ° the communication of works when this communication is made for purposes of illustration for teaching or scientific research by institutions recognized or officially organized for this purpose by the public authorities and provided that this communication is justified by the non-profit purpose, is part of the normal activities of the institution, be performed only through transmission networks closed the facility and does not prejudice the normal exploitation of the work , and unless this proves impossible, the source, including the author's name, is indicated;
9 ° the reproduction on any medium other than on paper or similar media, works, carried out in the family circle and reserved for this purpose;
10 ° the caricature, parody or pastiche the, taking into account honest practices;
11 ° the free performance of a work during a public review, when the purpose of the execution is not the work itself, but the assessment of the performer or performers of the work to award them a certificate of qualification, a diploma or a title as part of a type of recognized education;
12 ° the reproduction, limited to a number of copies determined by and justified by the aim of preservation of cultural and scientific heritage, carried out by libraries accessible to the public, museums, or by archives, which are not for any commercial advantage or direct or indirect economic, insofar as this does not affect the normal exploitation of the work or cause unreasonably prejudice the legitimate interests of the author.
Produced materials remain the property of these institutions which will prohibit any commercial or non-profit use.
The author may have access in the strict respect of the preservation of the artwork and a fair remuneration for the work done by these institutions;
13 ° the communication including through the provision to individuals for purposes of research or private study of works that are not offered for sale or subject to conditions of licence, and that are part of the library collections accessible to the public, educational institutions and scientists, museums or archives which are not for any commercial advantage or direct or indirect economic , using special terminals available on the premises of such establishments;
14 ° the ephemeral recordings of works made by broadcasting organizations for their own broadcasts and by their own means, including by means of persons who act in their name and on their own responsibility;
15 ° the reproduction and communication to the public of works to the benefit of people with a disability, which are directly related to the disability and of non-commercial nature, to the extent required by the specific disability, provided that this does not conflict with a normal exploitation of the work or cause unreasonably prejudice the legitimate interests of the author;
16 ° the reproduction and the communication to the public to announce public exhibitions or sales of artistic works, to the extent necessary to promote the event, excluding any other commercial use;
17 ° the reproduction of broadcasts by institutions hospital, prison, youth assistance or assistance to persons with disabilities recognized, provided that these institutions are non-for-profit and that this reproduction is reserved for the exclusive use of natural persons who reside there.
S. XI.191. § 1. By way of derogation from article XI.190 when the database has been lawfully published, the author may not prohibit: 1 ° the fragmentary or reproduction integral on paper or a similar medium, using any photographic or any other method technique producing a similar result of databases laid down on paper or on a similar support when such reproduction is carried out in a strictly private purpose and does not prejudice the normal exploitation of the work;
2 ° the fragmentary or reproduction integral on paper or a similar medium, using any photographic technique or any other method produces a similar result, when such reproduction is made for purposes of illustration for teaching or scientific research to the extent justified by the non profit purpose and does not prejudice the normal exploitation of the work;
3 ° the fragmentary or full reproduction on any other support that on paper or on a similar support, where such reproduction is made for purposes of illustration for teaching or scientific research to the extent justified by the non profit purpose and not prejudice the normal exploitation of the work;
4 ° the communication of databases when this communication is made for purposes of illustration for teaching or scientific research by institutions recognized or officially organized for this purpose by the public authorities and provided that this communication is justified by the non-profit purpose, is part of the normal activities of the institution, be performed only through transmission networks closed the facility and does not

prejudice to the normal exploitation of the work;
5 ° the reproduction and the communication to the public of a database when these acts are carried out for purposes of public security or for the purposes of an administrative or judicial procedure and does not prejudice the normal exploitation of the database.
Article XI.190, 1 ° to 4 °, 10 ° and 11 ° applies by analogy to the databases.
§ 2. When the database is reproduced or communicated for the purposes of illustration for teaching or scientific research, the author's name and the title of the database should be mentioned, unless this turns out to be impossible.
S. XI.192. § 1. The author may not prohibit the lending of literary works, databases, photographic works, musical scores of works, sound works and audiovisual works when this loan is organized for educational and cultural purposes by institutions recognized or officially organized for this purpose by the public authorities.
§ 2. The lending of sound or audiovisual works cannot take place until two months after the first distribution to the public of the work.
After consultation with institutions and corporations of management of rights, the King may, for all Phonograms and first fixations of films or for some of them, lengthen or shorten the period prescribed in the preceding paragraph.
§ 3. The institutions referred to in paragraph 1 that the King means, can import copies of literary works, database, photographic works and of sound or audiovisual works as well as scores of musical works which were the subject of a first sale lawful outside the Union European and which are not distributed to the public in the territory thereof, where such importation is carried out for purposes of public lending organized for educational or cultural purposes and provided that it does not more than five copies or partitions of the artwork.
S. XI.193. the provisions of articles XI.189, XI.190, XI.191 and XI.192, §§ 1 and 3, are mandatory.
Section 7. -Provision common to sound and audiovisual works art. XI.194. the author who transfers or assigns his right of rental in a sound or audiovisual work retains the right to equitable remuneration for the rental.
This right may be subject to waiver on the part of the author.
Section 8. -The contract of edition s. XI.195. the publishing contract shall specify the minimum number of copies constituting the first draw.
However, this obligation does not apply to the contract providing for a guaranteed minimum of copyrights to the editor load.
S. XI.196. § 1. The editor must produce or produce copies of the work within the agreed period.
Absence having been set by contract, this period shall be determined in accordance with honest practices of the profession.
If the Publisher does not meet its obligation within the time limits defined above without being able to prove a lawful excuse, the author will be able to resume its rights, after a suspension show cause, addressed by registered post with acknowledgement of receipt, and remained without effect for six months.
§ 2. The publisher undertakes to pay, unless otherwise agreed, the author remuneration proportional to the revenues.
If the author has assigned to the Publisher the rights of publication in such conditions that, given the success of the work, the agreed lump-sum remuneration is manifestly disproportionate to the profits of the exploitation of prostitution, the editor shall, at the request of the author, to agree a change in compensation to give the author an equitable profit participation. The author may not waive enjoyment of this right in advance.
§ 3. The Publisher may not assign his contract without the consent of the copyright holder, except in the case of concomitant of any assignment or part of its business.
S.
XI.197. in the three years following the expiry of the contract, the Publisher may proceed to the disposal, at the normal price, the copies remaining in stock, unless the author prefers to buy the copies at a price which, failing agreement, shall be fixed by the tribunal.
S. XI.198. Notwithstanding any agreement to the contrary, the editor will send to the author, at least once a year, a survey of sales, revenue and completed assignments according to each mode of exploitation.
Except in the case of reissue, the editor is exempted from this obligation if the artwork is not exploited in any manner whatsoever, for five consecutive years.
S. XI.199. independently of all other causes for the resolution of the publishing contract, the author may claim it when the editor will be proceeded to the total destruction of the copies.
In the case of resolution of the contract, the author shall have the right to buy the copies still in stock at a price that, in the event of disagreement between the Publisher and the author, will be determined by the tribunal.
The fact for the author to claim rescission of the contract cannot impair the exploitation contracts validly concluded by the Publisher with third parties, the author having against them a direct action in payment of any agreed remuneration, him returning from this head.
S. XI.200. in case of bankruptcy, judicial reorganization or liquidation of the company of the Publisher, the author may immediately cancel the original contract by sending recommended with acknowledgement of receipt.
All copies, copies or reproductions that are the subject of copyright must, preferably, be offered for purchase to the author, for a price which, in the event of disagreement between the trustee and the author, will be determined by the judge, at the request of the most diligent party, trustee or duly called, author and, if necessary, on the advice of one or more experts.
The author loses its preferential right if it does not know the trustee willingness to use within thirty days of the receipt of the offer. The offer and acceptance must be made, on pain of nullity, by usher feat or by sending recommended with acknowledgement of receipt. The author of the work may waive his right preferably by usher feat or by registered mail addressed to the trustee.
When resorted to the procedure laid down in paragraph 2, the author may waive, according to the same routes, the offering is made, within a period of fifteen days from the date of notification that it will be made by sending recommended by the experts of the certified copy of the report.
The costs will be shared between the mass and the author.
Section 9. -The contract of representation art.
XI.201. the representation contract shall be concluded for a limited period or for a specified number of communications to the public.
The alienation or the exclusive license granted by an author to live performances may validly exceed three years; the interruption of performances for two consecutive years are terminates by operation of law.
The beneficiary of a representation agreement cannot transfer it to another person without the consent of the author, except in the case of concomitant of any conveyance or part of its business.
S. XI.202. the beneficiary of the contract of representation is required to communicate to the author or his successors in title the exact program of public performances and to provide them with a State justified its revenue.
If the author has authorized the public performance a show living in conditions such that, given the success of the work, the agreed lump-sum remuneration is manifestly disproportionate to the profits of the exploitation of prostitution, the beneficiary of the contract of representation is required, at the request of the author, to agree a change in compensation to give the author an equitable profit participation. The author may not waive enjoyment of this right in advance.
Chapter 3. -Neighbouring rights Section 1st. -Available General s. XI.203. the provisions of this chapter are without prejudice to the rights of the author. None of them can be interpreted as a limit on the exercise of copyright.
The neighbouring rights recognized in this chapter are movable, assignable and transferable, in whole or in part, in accordance with the rules of the civil Code. They can be the subject of a disposition or a simple or exclusive license.
Section 2. -Provisions relating to performers or performing arts.
XI.204. performer or performer enjoys an inalienable moral right in her performance.
Overall renunciation of the future exercise of this right is void.
The performer or performer has the right to the mention of his name in accordance with honest practices of the profession as well as the right to prohibit an inaccurate allocation.
Notwithstanding any waiver, performer or performer retains the right to oppose any distortion, mutilation or other modification of his performance or other derogatory to it, prejudicial to his honor or reputation.
S.
XI.205. § 1. The performer the performer alone shall have the right to reproduce his performance or reproduction, in any manner and in any form whatsoever, whether direct or indirect, temporarily or permanently, in whole or in part.
This right includes the exclusive right to authorize the rental or lending.
It alone has the right to communicate its performance to the public by a process, including through the provision

public in a way that everyone can access them from a place and at a time individually chosen by them.
The rights of the performer or performing include the exclusive right of distribution, which is exhausted only in the event of first sale or first other transfer of ownership, in the European Union, of the reproduction of his performance by the performer or running or with his consent.
Are considered as performers or performing artists of variety and circus artists. Aren't the artists, recognized as such by the practice of the profession.

§ 2. Is presumed performer or performer, unless evidence to the contrary, any person who appears as such on the provision, on a replica of the provision, or in connection with a communication to the public, because of the mention of its name or acronym to be identifiable.

§ 3. With respect to the performer or running, all contracts prove in writing.
The contractual provisions relating to the rights of the performer or performer and their methods of operation are to be strictly interpreted. The assignment of the object incorporating a fixation of the performance does not confer the right to exploit it.
The transferee is required to ensure the exploitation of the benefit in accordance with honest practices of the profession.
Notwithstanding any provision to the contrary, the assignment of rights concerning unknown forms of exploitation is zero.
The assignment of economic rights relating to future benefits is valid only for a limited time and for as many types of benefits covered by the assignment to be determined.

§ 4. When benefits are made by a performer or running in execution of a contract of employment or a status, the economic rights may be transferred to the employer provided that the assignment of rights is expressly provided for and that the provision falls within the scope of the contract or the Statute.
When benefits are realized by a performer or running a command contract, the economic rights may be transferred to the one who placed the order provided that the latter is within non-cultural industry or publicity, that provision is intended for this activity and that the assignment of rights is expressly provided.
In such cases, paragraph 3, subparagraphs 3 to 5 does not apply.
Collective agreements can determine the scope and modalities of the transfer.
S. XI.206. § 1. Unless otherwise agreed, the performer or performer assigns to the producer of the audiovisual work the exclusive right of audiovisual exploitation of his performance, including the rights necessary to the operation such as the right to add subtitles or to double the provision, without prejudice to the provisions laid down in paragraphs 2 to 4.
§ 2. The performer running who refuses to complete his participation in the making of the audiovisual work or is unable to do so, may oppose the use of his participation with a view to the completion of the work. It will, for this participation, the quality of artist- performer and shall enjoy the rights deriving therefrom.
The moral right of performers or performers cannot be exercised by them on the completed audiovisual work.
It is forbidden to destroy the matrix of this version.
§ 3. With the exception of the provision for audiovisual productions under the non-cultural industry or advertising, artists- performers are entitled to separate remuneration for each mode of exploitation.
§ 4. The amount of the compensation is, unless stipulated otherwise, in proportion to revenues from the exploitation of the audiovisual work. In this case, the producer will send to the performer or performing, at least once a year, a statement of the revenues will be collected according to each mode of exploitation.
S. XI.207. in case of live interpretation by a set, permission is given by soloists, conductors, directors, as well as, for other performers or performers, by the Director of their troupe.
S.
XI.208. the rights of the performer or performer shall expire 50 years after the date of delivery.
However, if a fixation of the performance is the subject of a publication or a communication to the lawful public, the rights shall expire 50 years after the date of the first of these facts.
However, if a fixation of the performance by one means other than a phonogram subject to a lawful publication or lawful communication to the public within this period, the rights shall expire 50 years from the date of the first of these facts;
-If a fixation of the performance in a phonogram is the subject of a lawful publication or communication lawful to the public within this period, the rights shall expire 70 years from the date of the first of these facts.
The periods referred to in paragraphs 1 and 2 are computed from January 1 of the year following the event.
After the death of the performer or performer, the rights shall be exercised by his heirs or legatees, unless the performer or performer has allocated them to a specific person, the legal reserve that devolves upon the heirs.
Section 3. -Provisions common to producers of Phonograms and of first fixations of films art. XI.209. § 1.
Subject to article XI.212, and without prejudice to the right of the author and the performer or performing, the producer of phonograms or first fixations of films has only the right to reproduce his performance or reproduction in any manner or in any form whatsoever, whether direct or indirect, temporarily or permanently, in whole or in part.
This right also includes the right to authorize the rental or lending.
It also includes the exclusive right of distribution, which is exhausted only in the event of first sale or first other transfer of ownership, in the European Union, of the reproduction of his performance by the producer or with his consent.
The producer alone has the right to communicate to the public by a process any phonogram or the first fixation of the film, including by making available to the public in such a way that everyone can access them from a place and at a time individually chosen by them.
The rights of producers of first fixations of films shall expire 50 years after the fixation. However, if the first fixation of the film is the subject of a publication or communication to the lawful public during this period, the rights shall expire 50 years after the date of the first of these facts.
The rights of producers of phonograms shall expire 50 years after the fixation. However, if the phonogram has been the subject of a lawful publication during this period, the rights shall expire 70 years after the date of the first lawful publication. In the absence of lawful publication during the period referred to in the first sentence, and if the phonogram has been a lawful communication to the public during this period, the rights shall expire 70 years after the date of the first lawful communication to the public.
This term is calculated from January 1 of the year following the event.

§ 2. Is presumed to be producer of phonograms or first fixations of films, unless evidence to the contrary, any person who appears as such on the provision, on a replica of the provision, or in connection with a communication to the public, because of the mention of its name or acronym to be identifiable.
S. XI. 210. § 1. If, fifty years after the phonogram was the subject of a lawful publication, or, failing this publication, fifty years after it was the subject of a communication lawful to the public, the phonogram producer does not offer the sale of copies of the phonogram in sufficient quantity or do not make available to the public, by wire or wireless way that members of the public may access them from a place and at a time they choose individually, performer or performer can terminate the contract by which the performer or performer has transferred his rights on fixation of his performance to a producer of phonograms.
The right to terminate the contract of assignment may be exercised if the producer, within a period of one year from the notification by the performer or running by registered delivery of its intent to terminate the contract of assignment in accordance with paragraph 1, does not fulfil the two acts of exploitation referred to in paragraph 1.
The performer or performer can waive this right of termination.
If a phonogram contains the fixation of performances of several performers or performers, they may, in the absence of agreement between them terminate their assignment contracts, each for their contribution.
If all contracts of assignment of all performers are terminated pursuant to this paragraph, the rights of the producer of phonograms on the phonogram shall expire.
§ 2. When a contract of assignment gives the performer or performing the right to claim non-recurring remuneration, the performer or performer has the right to obtain an annual additional remuneration on the part of the producer of phonograms for each full year following directly the fiftieth year after the phonogram has been the subject of a lawful publication, or, fault of this publication, the

fiftieth year after that he was the subject of a communication lawful to the public.
Artists- performers may waive this right to obtain an annual supplementary remuneration.

§ 3. The total amount that a producer of phonograms must reserve for payment of the additional annual remuneration referred to in paragraph 2 corresponds to 20% of the revenue that the producer of phonograms has received, during the year preceding that of payment of such remuneration, under the reproduction, distribution and provision of the phonogram concerned, beyond the fiftieth year after the phonogram has been the subject of a publication lawful , or, failing this publication, the fiftieth year after he was the subject of a lawful communication to the public.
Producers of phonograms shall provide, on request, to the collective society designated under paragraph 4, in the interest of performers who are entitled to the additional annual remuneration referred to in paragraph 2, any information that may be necessary in order to guarantee the payment of the said remuneration.
Failing to producers of phonograms to provide the information referred to in paragraph 2, the Corporation designated under subsection 4 may bring the action for an injunction referred to in article XI.336 in XVII.14 to obtain from the judge directs the provision of the information referred to in paragraph 2.
The obligation of professional secrecy referred to in article XI.281 shall apply to the staff of the Corporation designated under subsection (4) for all the information which they are aware under this subsection.
§ 4. According to the terms and conditions that it sets, the King loads a corporation representative artists- performers to ensure the collection and the distribution of the remuneration referred to in paragraph 2.

§ 5. When a performer or performer is entitled to recurring payments, no advance or contractually defined deductions cannot be deducted from payments granted beyond the fiftieth year after the phonogram was the subject of a lawful publication or, failing this publication, the fiftieth year after he was the subject of a lawful public communication.
Section 4. -Provision for the rental of Phonograms and of first fixations of films art.
XI.211. performer or performer who transfers or assigns his rental right in a phonogram or first fixation of a film shall retain the right to an equitable remuneration for the rental.
This right cannot be renounced and is not transferable.
Section 5. -Common provisions on performers or performers and producers art.
XI.212. without prejudice to the right of the author when the provision of a performer -artist is lawfully reproduced or broadcast, the performer performer and the producer may oppose: 1 ° to his public performance, provided that this benefit is not used in a show and a right of access to this place or a counterparty to take advantage of this communication is not collected in charge of the public;
2 ° its broadcasting.
S. XI.213. the use of benefits, in accordance with article XI.212, gives right, regardless of the place of fixation, to equitable remuneration for the benefit of performers or performers and producers.
The King determines the amount of the equitable remuneration that can be differentiated on the basis of the sectors concerned. It can determine the modalities according to which the execution of services must be carried out in order to be of a public nature within the meaning of article XI.212, 1 °.
The King lays down the procedures for the collection, distribution and control of the remuneration and the moment where it is due.
The remuneration is paid by the persons carrying out the acts provided for in article XI.212 to rights management companies, referred to in Chapter 9 of this title.
Remuneration debtors are held to a reasonable extent to provide useful information to the perception and the distribution of rights.
The King determines the manner in which the information and documents will be provided.
S. XI.214. subject to the international conventions, the remuneration referred to in article XI.213 is distributed by management companies of rights by half between the performers or performers and producers. This key is mandatory.
The part of the remuneration referred to in article XI.213, to which the performers or performers are entitled, is not transferable.
Rights of remuneration provided for in article XI.213 were times respectively identical to those laid down in articles XI.208, paragraphs 1, 2 and 3 and XI.209, § 1, paragraphs 5, 6 and 7.
Section 6. Provisions relating to broadcasting arts organizations
XI.215. § 1. The broadcasting organization alone has the right to authorize: has) the simultaneous or deferred rebroadcasting of its programming including cable retransmission and communication to the public by satellite;
b) the reproduction of broadcasts by any process whatsoever, whether direct or indirect, temporary or permanent, in whole or in part, including the distribution of fixations of their broadcasts;
c) communication of its programming in a place accessible to the public through an entrance fee;
d) provision to the public of the fixing of its emissions in a way that everyone can access them from a place and at a time individually chosen by them.
The right of distribution referred to in point b) of the first paragraph is exhausted only in the event of first sale or first other transfer of ownership in the European Union, of the fixation of its broadcast by the broadcasting organization or with its consent.
§ 2. Is presumed broadcasting organization, unless evidence to the contrary, any person who appears as such on the provision, on a replica of the provision, or in connection with a communication to the public, because of the mention of its name or acronym to be identifiable.
S. XI.216. the protection referred to in article XI.215 lasts for 50 years after the first broadcast of the program.
This term is calculated from January 1 of the year following the event.
Section 7. -Provisions common to sections 1 to 6 s. XI.217. articles XI.205, XI.209, XI.213 and XI.215 are not applicable when the acts covered by these provisions are made for the following purposes: 1 ° the quotations drawn from a delivery, carried out for the purpose of criticism, of controversy, review, teaching, or in scientific works, in accordance with the fair practice of the profession and to the extent justified by the aim pursued;
2 ° the fixation, reproduction and communication to the public, for the purpose of information, of short fragments of the benefit of the holders of neighbouring rights in sections 2 to 6, on the occasion of reports of current events;
3 ° free and private enforcement in the family circle;
4 ° executing free made in the course of school activities, which can occur both within the institution and outside it;
5 ° the reproduction of short fragments of a benefit when such reproduction is made on any medium whatsoever, for purposes of illustration for teaching or scientific research to the extent justified by the non-profit purpose and does not prejudice the normal exploitation of the performance;
6 ° the communication of benefits when this communication is made for purposes of illustration for teaching or scientific research by institutions recognized or held officially for this purpose by the public authorities and provided that this communication is justified by the nonprofit continued, is part of the normal activities of the establishment, is performed only through networks closed the facility and does not prejudice the normal exploitation of the delivery;
7 ° the reproduction on any medium other than on paper or similar support, benefits, in the family circle and reserved for this purpose;
8 ° the acts of temporary reproduction, which are transient or incidental and part integral and essential of a technological process and whose sole purpose is to enable:-a transmission in a network between third parties by an intermediary;
or - a lawful use of a benefit, and which have no independent economic significance;
9 ° the caricature, parody or pastiche, taking into account honest practices;
10 ° the free performance of a work by public examination, when the subject of execution is not the work itself but the appreciation of the performer or performers of the work for the issuance of a title of fitness, diploma or title within a recognized educational institution;
11 ° the reproduction, limited to a number of copies determined by and justified by the aim of preservation of cultural and scientific heritage, carried out by libraries accessible to the public, museums, or by archives, which are not for any commercial advantage or direct or indirect economic, insofar as this does not affect the normal operation of the provision nor cause unreasonably prejudice the legitimate interests of the owners of neighboring rights.
Materials and products remain

the property of these institutions which will prohibit any commercial or non-profit use.
The owners of neighboring rights may have access in the strict respect of the preservation of the artwork and a fair remuneration for the work done by these institutions;
12 ° communication and making available to individuals for purposes of research or private study, benefits that are not available for sale or subject to conditions of licence, and that are part of the library collections accessible to the public, educational institutions and scientists, museums or archives which are not for any commercial advantage or direct or indirect economic , using special terminals available on the premises of such establishments;
13 ° the benefits ephemeral recordings made by broadcasting organizations for their own broadcasts and by their own means, including by means of persons who act in their name and on their own responsibility;
14 ° the reproduction and the communication to the public of benefits to the benefit of people with a disability, which are directly related to the disability and of non-commercial nature, to the extent required by the specific disability, provided that this does not conflict with a normal exploitation of the performance or cause unreasonably prejudice the legitimate interests of the owners of neighboring rights;
15 ° the reproduction and the communication to the public to announce public exhibitions or sales benefits, to the extent necessary to promote the event, excluding any other commercial use;
16 ° the reproduction of broadcasts by institutions hospital, prison, youth assistance or assistance to persons with disabilities recognized, provided that these institutions are non-for-profit and that this reproduction is reserved for the exclusive use of natural persons who reside there.
S.
XI.218. § 1. The performer performer and the producer may not prohibit the lending of phonograms or of first fixations of films when the loan is organized for educational and cultural purposes by institutions recognized or officially organized for this purpose by the public authorities.
§ 2. The lending of Phonograms and first fixations of films can take place until two months after the first distribution to the public of the work.
After consultation of the institutions and companies management rights, the King, may for all Phonograms and first fixations of films or for some of them, lengthen or shorten the period prescribed in the preceding paragraph.
§ 3. The institutions referred to in paragraph 1 that the King designates, may import phonograms or of first fixations of films which were the subject of a first sale lawful outside the Union European and which are not distributed to the public in the territory, where this import is performed for purposes of public lending organized for educational or cultural purposes and insofar as it does not cover more than five copies of the phonogram or the first fixation of the film.
S. XI.219. the provisions of articles XI.217 and XI.218, are mandatory.
Chapter 4. -Of the communication to the public by satellite and retransmission by cable Section 1st. -Of communication to the public by satellite art. XI.220. pursuant to chapters that precede and the details below, the protection of copyright and neighbouring rights extend also to satellite broadcasting.
S. XI.221. communication to the public by satellite occurs solely in the Member State of the European Union in which, under the control and responsibility of the broadcasting organization, program-carrying signals are introduced into an uninterrupted chain of communication leading to the satellite and down towards the Earth.
If it takes place in a State which is not a member of the European Union and that it does not grant protection to the same extent that the chapters preceding, it is nevertheless deemed take place in the defined hereinafter Member State and rights be exercised according to the case against the operator of the station or the broadcasting organization:-when program-carrying signals are transmitted by satellite from a station for uplink on the territory of a Member State, or - when the broadcaster who has delegated the communication to the public, has its principal establishment in the territory of a Member State.
S. XI.222 for the purposes of sections XI.220 and XI.221, means communication to the public by satellite the Act of introducing, under the control and responsibility of the broadcasting organization, of program-carrying signals of programmes intended for reception by the public into an uninterrupted chain of communication leading to the satellite and down towards the Earth. If the program-carrying signals are encrypted, there is communication to the public by satellite on condition that the means for decrypting the broadcast are provided at the disposal of the public by the broadcasting organization or with its consent.
Section 2. -Of the retransmission by cable art. XI.223. pursuant to chapters that precede and under the terms set out below, the author and neighbouring rights holders have the exclusive right of authorizing the retransmission by cable of their works or their performances.
S. XI.224. § 1.
The right of the author and the neighboring rightholders to authorize or prohibit the retransmission by cable can be exercised only through a rights management company.
§ 2. Where the author or the owners of neighboring rights have not entrusted the management of their rights to a rights management company, the company which manages rights of the same category shall be deemed be mandated to manage their rights.
When multiple rights management societies administer rights of this category, the author or the owners of neighboring rights may nominate themselves that shall be deemed to be responsible for the management of their rights. They have the same rights and obligations resulting from the contract concluded between the cable company and the management company of the rights as rights-holders who were responsible for this society to defend their rights. They can assert their rights within a period of three years from the date of retransmission by cable of their work or their delivery.

§ 3. Paragraphs 1 and 2 shall not apply to the rights exercised by a broadcasting its own programming body.
S. XI.225. § 1. When an author or a performer or performer has transferred its right to authorize or prohibit the retransmission by cable to a producer of audiovisual works, it retains the right to obtain compensation in respect of the retransmission by cable.
§ 2. The right to obtain compensation in respect of the retransmission by cable, as provided for in paragraph 1, is non-transferable and may not be the subject of a renunciation on the part of the authors or artists- performers. This provision is mandatory.
§ 3. The management of the right of the authors to obtain remuneration, provided for in paragraph 1, shall not be exercised by the representative of authors rights management companies.
The management of the right of performers or performers to obtain remuneration, provided for in paragraph 1, shall not be exercised by the representative of artists- performers rights management companies.
§ 4. Without prejudice to the second subparagraph, broadcasting organizations that manage the right to authorize retransmission by cable, referred to in article XI.223, with regard to their own emissions, management companies that manage rights to authorize or prohibit the retransmission by cable, referred to in article XI.224, paragraph 1, and the management companies that manage the right to remuneration referred to in the first paragraph put in place a unique platform for the perception of the aforementioned rights.
After the opinion of the Committee, the King determines the conditions to meet this platform. Based on objective criteria, it may limit the composition and scope of the single platform, especially regarding certain categories of right holders.
After the opinion of the Committee, the King determines the date of entry into force of the single platform.

§ 5. As long as platform single, as provided in paragraph 4 is not set up, the right to remuneration provided in the § 1 can be claimed directly by management of the fees from cable companies.
S. XI.226. in order to inform third parties of the existence of the existing cable retransmission contracts and the payment of the rights of copyright and neighbouring rights, the regulatory Service establishes a register of contracts authorizing retransmission by cable. The King may determine the terms and conditions of this register.
For this purpose, cable operators transmit to dispatch information within a period of three months from the conclusion of the contract. The King may determine the arrangements for the information and the manner in which this information should be sent to dispatch.
S.
XI.227. all cable company is required to notify the Service of control referred to in article XI.274 of the corresponding amounts to copyright and neighboring rights which he is debtor due to this retransmission.
The King may determine the manner in which the amount of

rights of copyright and neighboring rights shall be communicated and detailed dispatch under the 1st paragraph.
S. XI.228. § 1. When the conclusion of an agreement to allow the retransmission by cable is impossible, the parties may appeal by mutual agreement or Service regulation, referred to in article XI.274, to three mediators.

§ 2. The three mediators are appointed according to the rules of the sixth part of the Judicial Code applicable to the appointment of arbitrators. They must provide guarantees of independence and impartiality.
They must assist the conduct of the negotiations and may formulate proposals after hearing the parties concerned. The proposals shall be notified by sending recommended with acknowledgement of receipt.
§ 3. The parties are expected to accept the proposals that their are addressed by the three mediators if, within three months of notification, none of them are objects by means of a notification to the other parties in the same forms.
Chapter 5.
-Copy private works and benefit art. XI.229. authors, artists- performers, publishers of literary works and works of graphic or plastic art and audiovisual works and Phonograms producers are entitled to remuneration for the private reproduction of their works and performances, including in the cases referred to in articles XI.190, 9 ° and 17 ° and XI.217, 7 ° and 16 °.
The remuneration is paid by the manufacturer, importer or intracommunity purchaser of materials clearly used for the private reproduction of works and performances on any medium other than on paper or similar medium, or devices clearly used for this reproduction when the movement of these materials and these devices on the national territory.
As laid down in article XI.232, the King determines what devices and materials are obviously used for the private reproduction of works and services on any other than on paper or similar support.
Without prejudice to international conventions, the remuneration is allocated in accordance with article XI.234, by the rights management societies between authors, artists- performers, literary works and works of graphic or plastic art publishers and producers.
According to the terms and conditions to be fixed, the King loads a representative Company of all the companies of rights management to ensure the collection and distribution of remuneration.
When an author or a performer or performer has transferred his right to remuneration for private copying, it retains the right to obtain equitable remuneration in respect of private copying.
S. XI.230. the rights management company designated by the King in the context of this chapter will be able to obtain the information necessary for the accomplishment of its mission in accordance with article XI.281 and XV.113 with:-the administration of the Customs and Excise pursuant to section 320 of the Act of 18 July 1977 on the Customs and excise duties, replaced by the law of 27 December 1993;
-for the Administration of VAT pursuant to article 93bis from the Code of the VAT of 3 July 1969;
- and the national Office of social security in accordance with the Act of January 15, 1990 to the institution and the Organization of a Crossroads Bank for social security.
S. XI.231. without prejudice to article XI.281 and XV.113, the rights management company designated may on their request disclose information to customs and VAT administrations
Without prejudice to article XI.281 and XV.113, the designated Rights Management Corporation will be able to communicate and receive information:-service control and Mediation of FPS economy;
-companies of rights management engaged in a similar activity abroad, on condition of reciprocity.
S. XI.232. the King determines, by categories of media and technically similar devices which he defines, if these are obviously used for the private reproduction of works and performances on any medium other than on paper or similar media and lays down the procedures for the collection, distribution and control of the remuneration and the time it is due.
The King may determine, on a specific list, categories of media and technically similar devices which are not obviously used for the private reproduction of works and services on any other than on paper or similar support and which are not subject to the remuneration for private copying.
Computers or categories of computers such as the King them defined cannot be subject to the remuneration or entered on the special list referred to in paragraph 2 by a royal decree deliberated in the Council of Ministers.
At the same time as it determines the status of devices and supports the King fixed by royal decree deliberated in the Council of Ministers the remuneration referred to in article XI.229.
This remuneration is established by category of devices and technically similar supporters.
A device which is clearly used for the private reproduction of works and services on any other than on paper or similar support and incorporates way permanent support, is not subject to one compensation.
Particular account shall be taken in fixing this compensation application of technological measures referred to in articles I.13, 7 °, XI.291 and XV.69 to the works or relevant benefits.
The amount of this remuneration may be revised every three years.
If the conditions which justified the fixing of the amount has been clearly and permanently changed, this amount may be revised before the expiry of the period of three years.
The King, if he revises the amount endeans the period of three years, justifies its decision by the modification of the initial conditions.
The lack of use of technical measures cannot prejudice the right to compensation as defined in article XI.229.
S. XI.233. the remuneration referred to in article XI.229 shall be refunded according to the procedures laid down by the King: 1 ° to the producers of sound and audiovisual works;
2 ° to broadcasting organizations;
3 ° to the institutions officially recognized and subsidized by the public authorities for the purposes of keeping sound or audiovisual documents. Repayment shall be granted for materials to the conservation of sound and audiovisual documents and their consultation on the spot;
4 ° to the blind, visually impaired, deaf and hard of hearing, as well as to recognized institutions, created for these people;
5 ° to recognized educational institutions, that use sound and audiovisual material for didactic or scientific purposes;
6 ° to hospital, penitentiary institutions and youth assistance recognized.
In addition, the King may determine by royal decree deliberated in the Council of Ministers, the categories of natural or legal persons: 1 ° either receive a total or partial repayment of the remuneration collected and passed on to the media and devices they have acquired.
2 ° or for which those liable to pay the remuneration referred to in article XI.229 are exempt or refunded fully or partly of it for media and devices acquired by these people.
Reimbursement or exemption of compensation, referred to in the preceding subparagraph must be duly substantiated: 1 ° either by the need to ensure that, without prejudice to the creation, the more equal access for everyone to the new technologies of information and communication, as the earnings in question would constitute a barrier to access.
2 ° or by the need to ensure the acquisition of media and devices by people who spend obviously not this material to the reproductions referred to in article XI.229.
The King determines the conditions for repayment or exemption.
S.
XI.234. § 1. With regard to the remuneration referred to in article XI.229, the King may determine the key between the following categories of works: 1) literary works;
(2) the works of graphic or plastic art;
(3) sound works;
(4) the audiovisual works.
The part of the remuneration referred to in article XI.229, sound works and audiovisual works, is distributed by third party between authors, artists-performers and producers.
The part of the remuneration referred to in article XI.229, relating to literary works and works of graphic or plastic art, is split equally between authors and publishers.
Paragraphs 2 and 3 are mandatory.
The part of the remuneration referred to in article XI.229, relating to sound works and audiovisual works, in which authors and artists- performers were right, is non-transferable.
The part of the remuneration referred to in article XI.229, relating to literary works and works of graphic or plastic art to which the authors are entitled, is non-transferable.
§ 2. The communities and the federal Government may decide to allocate 30 per cent of the product of the remuneration referred to in the preceding paragraph to the promotion of the creation of works by cooperation agreement in application of article 92bis, § 1, of the Special Act of 8 August 1980 institutional reforms.
Chapter 6. -For reproduction on paper or on a similar support of works for private purposes or for the purposes of illustration for teaching or scientific research article XI.235. the authors and the

editors have a right to remuneration for the reproduction on paper or a similar medium of their works, including under the conditions laid down in articles XI.190, 5 ° and 6 °, and XI.191, § 1, 1 ° and 2 °.
The remuneration is paid by the manufacturer, importer or intracommunity purchaser of equipment clearly used for purposes of reproduction on paper or a similar medium of works, during the implementation of these devices on the national territory.
Under the terms laid down in article XI.239, the King determines which devices are obviously used for reproduction on paper or on a similar media works.
The King can establish a list of devices that are not obviously used for reproduction on paper or on a similar media works and which are not subject to the remuneration for reprography.
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XI.236. in addition, a proportional remuneration, determined on the basis of the number of reproductions made, is caused by natural or legal persons who carry out reproductions of works, or where applicable, to the discharge of the first, by those who insist on payment or free a device at the disposal of others.
S. XI.237. the rights management company designated by the King in the context of this chapter will be able to obtain the information necessary for the accomplishment of its mission in accordance with article XI.281 and XV.113 with:-the administration of customs and Excise pursuant to section 320 of the General Act on Customs and excise duty on 18 July 1977, replaced by the law of 27 December 1993;
-for the Administration of VAT pursuant to article 93bis from the Code of the VAT of 3 July 1969;
- and the national Office of social security in accordance with the Act of January 15, 1990 to the institution and the Organization of a Crossroads Bank for social security.
S. XI.238. without prejudice to article XI.281 and XV.113, the rights management company designated may on their request disclose information to customs and VAT administrations
Without prejudice to article XI.281 and XV.113, the designated Rights Management Corporation will be able to communicate and receive information:-service control and Mediation of FPS economy;
-companies of rights management engaged in a similar activity abroad, on condition of reciprocity.
S. XI.239. the King fixed the remuneration referred to in articles XI.235 and XI.236, by Decree deliberated in the Council of Ministers.
The remuneration referred to in article XI.236 may be modulated depending on the sectors concerned.
The King determines, by categories of technically similar devices which he defines, if these are obviously used for reproduction on paper or similar media works.
The King may determine, on a specific list, categories of technically similar devices which are not obviously used for reproduction on paper or similar media works and which are not subject to the remuneration for reprography.
It lays down the procedures for the collection, distribution and control of such remuneration as well as the time they are due.
Without prejudice to international conventions, the remuneration referred to in articles XI.235 and XI.236 are allocated equally to authors and publishers. This provision is mandatory.
The part of the remuneration referred to in articles XI.235 and XI.236 to which the authors are entitled, is not transferable.
According to the terms and conditions to be fixed, the King loads a representative Company of all the companies of rights management to ensure the collection and distribution of remuneration.
The amount of this remuneration may be revised every three years.
If the conditions which justified the fixing of the amount has been clearly and permanently changed, this amount may be revised before the expiry of the period of three years.
The King, if he revises the amount endeans the period of three years, justifies its decision by the modification of the initial conditions.
Chapter 7. -The reproduction and/or communication of works and services for the purposes of illustration for teaching or scientific research article XI.240. the authors and publishers of works are entitled to compensation because the reproduction and communication thereof under the conditions laid down in articles XI.190, 7 ° and 8 ° and XI.191, § 1, 3 °.
The authors of databases are entitled to compensation because the communication thereof under the conditions laid down in article XI.191, § 1, 4 °.
The performers or performers, producers of Phonograms and producers of first fixations of films are entitled to compensation because the reproduction and communication of their benefits under the conditions laid down in article XI.217, 5 ° and 6 °.
S. XI.241. the proportional remuneration which is determined on the basis of the acts of exploitation of works and performances, is payable by natural or legal persons who perform these acts of exploitation or, where appropriate, at the outlet of the first teaching or scientific research institutions which take in return for payment or free works and the benefits available to others.
S. XI.242. the remuneration referred to in article XI.240, is fixed by royal decree deliberated in the Council of Ministers.
The King lays down the procedures for the collection, distribution and control of the remuneration and the moment where it is due.
According to the terms and conditions to be fixed, the King may load one or more corporations which, alone or together, are representative of the whole of the rights management societies, to ensure the collection and distribution of remuneration.
The King may also determine the allocation of earnings key, on the one hand, between categories of rights-holders and, on the other hand, between categories of works.
In this case, the key is mandatory.
The part of the remuneration referred to in article XI.240, to which the authors and performers or performers are entitled, is not transferable.
Chapter 8. -Provisions on public lending art.
XI.243. § 1. In the case of lending of literary works, databases, photographic works or musical works scores under the conditions defined in article XI.192, the author and the Publisher are entitled to compensation.
§ 2. In the case of lending of sound or audiovisual works, in the conditions defined in articles XI.192 and XI.218, the author, the performer or performer and the producer are entitled to compensation.
S. XI.244. after consultation with communities, institutions and corporations of management of rights, the King determines the amount of the remuneration referred to in article XI.243.
The King may determine the amount of remuneration referred to in article XI.243, including in function of: 1 ° volume of the collection of the lending institution; or 2 ° number of loans per institution.
These fees are collected by rights management companies.
According to the terms and conditions to be fixed, the King may load a representative Company of all the companies of rights management to ensure the collection and distribution of remuneration for public lending.
After consultation of the communities, and where appropriate their initiative, the King fixed for certain categories of recognized institutions or organised by public authorities, an exemption or a fixed price per loan to establish the planned remuneration in article XI.243.
S. XI.245. § 1. Subject to the international conventions, the remuneration referred to in article XI.243, § 1, is divided between authors and publishers to a maximum of 70% for the authors and 30% for publishers.
§ 2. Subject to the international conventions, the remuneration referred to in article XI.243, § 2, is distributed by third party, between authors, artists- performers and producers.
§ 3. Paragraphs 1 and 2 are mandatory.
The part of the remuneration referred to in article XI.243, § 1, to which the authors are entitled, is not transferable.
The part of the remuneration referred to in article XI.243, § 2, which the authors or performers or performers have right is not transferable.
Chapter 9. -Management of Rights article companies XI.246. is subject to the provisions of this chapter who collects or distributes the rights recognized in the present title, on behalf of several owners of those rights.
S. XI.247. § 1. This management must be carried out by a company with a legal personality and limited liability regularly constituted in one of the countries of the European Union where it lawfully exercises an activity of perception or distribution such rights company.
If the company is established in another EU Member State, it must exercise its activities in Belgium through a branch established in Belgium.
Otherwise, management companies established in another EU Member State are subject, exclusively as regards their branches established in Belgium, all the obligations arising from this title and control of the control Service.
Except as otherwise provided in this title and without prejudice to paragraph (3) "management company" shall mean both the management companies established in Belgium, than those established in another Member State of the European Union with regard to their branches established in Belgium.
§ 2.

The partners of management companies established in Belgium must be authors, performers or performers, producers of phonograms or of first fixations of films, publishers or assigns thereof, having entrusted the management of all or part of their rights to the concerned management company. Management companies established in Belgium can also count among the associates other management companies.
Without prejudice to articles XI.229, paragraph 5, XI.239, paragraph 7, XI.242, paragraph 3, XI.244, paragraph 4, and XI.248, § 1, paragraph 1, a company established in Belgium may not refuse to admit as associates, individual rightsholders.
Management companies established in Belgium statutes entitle the persons referred to in paragraph 1 of which they manage to become their partners, on the basis of objective conditions laid down by the statutes applied in a nondiscriminatory manner, and rights to be represented in the bodies of the company.
S. XI.248. § 1.
The management company has an obligation to manage the rights recognized by the present title, when the holder thereof in fact requested and insofar as it is consistent with the object and the articles of incorporation.
This management must be carried out in a fair and non-discriminatory manner.

§ 2. Management companies manage the rights in the interests of the right holders.
Management companies are structured and organized so as to restrict to a minimum the risk that conflicts of interest between the company and right holders whose they manage rights or between them, harm the interests of right holders whose they manage rights.
They develop rules for operations performed in the exercise of their functions by members of staff, enforcement officers and the representatives of the management company and in which they have a personal interest.
§ 3. The management company should separate, on the one hand, the heritage rights collected and managed on behalf of the holders of rights recognized in the present title and own heritage constituted the remuneration of management or income from other activities or its own heritage services.
Amounts received and managed by management companies on behalf of holders of rights recognized in the present title and which have not yet been paid to the beneficiaries, are paid on behalf of rightsholders, under a separate heading, in a special account opened in a credit institution inscribed on one of the lists referred to in articles 13 and 65 of the law of 22 March 1993 on the status and control of institutions credit. That credit institution must first renounce the principle of the unity of Auditors and legal and conventional compensation between the various accounts of the management company.
The moneys referred to in paragraph 2 may not be the subject on the part of the collectives and non-speculative investments.
§ 4. Rights management companies have a management structure, an administrative and accounting organization and internal control adapted to the activities they carry out.
After consultation with the accounting standards Commission, the Institut des réviseurs d'Entreprises and management companies of rights sitting within the Conciliation Committee set up by article XI.282, the King determines the minimum accounting organization and internal control of the societies referred to in paragraph 1.
The control Service may at any time request the necessary data to the structure of management, administrative and accounting organization and internal control of a management company.
If the control Service finds that a management company has committed serious crimes or repeated the provisions of this title, its orders of execution or with the provisions of its statutes and regulations, and that, on the basis of the data available to it, it has clear indications that these offences are a consequence of a structure of management or administrative organization not adapted to its activities It will make recommendations on the subject to the management company.
Within a period of 3 months, the management company may decide whether to follow these recommendations. If it refuses to follow the recommendations, it shall give the reasons within the same time limit to the control Service.
If the control Service finds, after refusal by the management company to follow the recommendations, has not been remedied or put an end to a serious or repeated infringements to the provisions of this title, in its orders of execution or to the provisions of its statutes or regulations and demonstrates that this is due to a structure of management or administrative organization not adapted to its activities It will take necessary measures as laid down in articles XV.31/1, XV.62/1, XV.66/2, XVII.21 of this title.
§ 5. If there are ties between the company of management and other natural or legal persons, these links may interfere with the proper exercise of an individual control or of the management company on a consolidated basis.
By ties, it is necessary to hear: 1 ° a situation in which there is a link of participation or;
2 ° a situation in which companies are related companies within the meaning of the code of corporations of 7 May 1999;
3 ° a relationship of the same nature as the 1 ° and 2 ° above between a natural person and a legal person;
Notwithstanding paragraph 2, are presumed to create close links the following: governing bodies composed in majority at least of the same people, head office or located at the same address and direct or indirect links operating sustainable and meaningful in terms of administrative or financial, logistics, personnel and infrastructure assistance.
S. XI.249. § 1erLes rights management companies cannot establish their annual accounts according to the short scheme provided for in article 93 of the Code of corporations of May 7, 1999.
After consultation with the accounting standards Commission, the Institute of Auditors and rights management companies sitting within the Committee established by article XI.282, the King full and adjusts the rules adopted in implementation of article 4, paragraph 6, of the law of 17 July 1975 on accounting firms and the rules adopted pursuant to article 92 of the Code of corporations of May 7, 1999, that requires the legal status of management companies.
The King may differentiate the rules fixed in accordance with paragraph 2 on the basis of the rights concerned.

§ 2. Regardless of the legal form or the size of the company's management rights, administrators or managers management companies report management in which they realize their policy. This management report contains the elements provided for in article 96 of the Code of corporations, as well as all data that according to this title must be included in the management report.
The first paragraph also applies to management companies established in another Member State of the European Union with regard to their branches established in Belgium. The management report is written by the person who is in Belgium, responsible for the administration of the branch of a management company established in another European Union Member State.
§ 3. Without prejudice to articles 95, 96 and 119 of the Code of corporations, the management of the management company report contains the following information: 1 ° for each heading of defined perception in a homogeneous way: has) the amount of fees;
(b) the amount of the direct expenses related to these perceptions as well as the amount of indirect costs of the management company which are allocated to this topic;
(c) the amount of the duties distributed among beneficiaries, the amount of fees paid to beneficiaries, as well as the amount of duties still to be distributed.
2 ° the remuneration that the beneficiaries are required to pay to the management company in consideration for the management services provided by the rights management society;
3 ° financial data based on which the remuneration referred to in 2 ° is calculated;
4 ° the determination of a share of the total resources of the company management and other fees, and the correlation with their respective use.

§ 4. Rights management companies shall notify the control Service, for each fiscal year, within six months of the close of the financial year concerned, the information referred to in § 3.
Within the same period, the information referred to in paragraph 3, 1 °, are also included on the web page of the management company a clearly readable place and with clear references to the main menu of the web page.
§ 5. After consultation with the accounting standards Commission, the Institute of Auditors and companies rights management sitting in the consultation Committee established by article XI.282, the King may establish detailed rules according to which the data mentioned in paragraph 3 are presented.
S. XI.250. do can actually or legally within a management company the duties of Manager, administrator, anyone currently in the management of the Belgian branch of a foreign company or Director, or represent companies exercising such functions, persons who are the subject of a court ban covered by articles 1 to 3, 3 bis, §§ 1

3 and 3ter of the royal decree No. 22 of 24 October 1934 concerning the judicial prohibition certain convicted offenders and bankrupts from exercising certain functions, professions or activities.
The functions listed in paragraph 1 may further be exercised: 1 ° by persons who have been sentenced to less than three months ' imprisonment or a penalty fine for an offence by order No. royal, 22 of October 24, 1934, supra;
2 ° by the people who have been criminally convicted for crime: a) in articles 148 and 149 of Act of 6 April 1995 on the status and control of investment firms;
(b) in articles 104 and 105 of the Act of 22 March 1993 on the status and control of credit institutions;
(c) in sections 38, paragraph 4, and 42 to 45 of the royal decree No. 185 of July 9, 1935, the Superintendence of banks and the emission of securities and regime;
(d) in articles 31 to 35 of the provisions relating to savings private, coordinated on June 23, 1962;
(e) to articles 13 to 16 of the Act of June 10, 1964, on the public offerings;
(f) in articles 110 to 112ter of title V of book I of the Code of commerce or in articles 75, 76, 78, 150, 175, 176, 213 and 214 of the law of 4 December 1990 on financial transactions and financial markets;
(g) in article 4 of the royal decree No. 41 of December 15, 1934, protecting the savings by the regulation of the time values to lots of sale;
(h) in articles 18 to 23 of the royal decree No. 43 of 15 December 1934 on the control of companies by capitalization;
(i) in articles 200 to 209 of the laws on commercial companies coordinated on 30 November 1935.
(j) to articles 67 to 72 of the royal decree No. 225 of 7 January 1936 regulating mortgages and organizing the control companies of mortgage loans or in article 34 of the law of 4 August 1992 on mortgage credit;
(k) in articles 4 and 5 of the royal decree No. 71 of November 30, 1939 on the hawking of securities and soliciting on securities and goods and foodstuffs;
(l) in article 31 of the royal decree No. 72 of November 30, 1939, regulating exchanges and futures and commodities markets, the profession of brokers and intermediaries involved in these markets and the exception of game plan;
(m) in article 29 of the Act of 9 July 1957 regulating instalment sales and their funding or in articles 101 and 102 of the consumer credit Act of 12 June 1991;
(n) in article 11 of the royal decree No. 64 of 10 November 1967 organizing the status of portfolio companies.
(o) in articles 53 to 57 of the Act of 9 July 1975 on the control of insurance undertakings;
(p) in articles 11, 15, § 4, and 18 of the Act of 2 March 1989 on advertising of major holdings in companies listed on the stock exchange and regulating takeover bids;
(q) in section 139 of the Act of 25 June 1992 on terrestrial insurance contract;
(r) in article XI.293, XI.303 and XI.304.
3 ° by persons who have been sentenced by a jurisdiction foreign to one of the specified offences to 1 ° and 2 °; article 2 of order No. royal, 22 of October 24, 1934, supra is applicable in these cases.
The King may adapt the provisions of this section to put them in accordance with the laws that modify the texts listed there.
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XI.251. persons who assume management or the directors of a corporation of rights management are subject to the provisions of articles 527 and 528 of the Code of corporations, on the understanding that the violation of section 9 of this title and its orders of execution is deemed to be violation of the Code of corporations.
S. XI.252. § 1. Except in cases in which they are or should be fixed by or under the Act, rights management societies stop pricing rules, rules of perception and rules of distribution for all modes of exploitation for which they manage the rights of right holders. If management companies apply fee increases when the user does not declare the works or services protected in a timely manner or when it does not provide the information required for the perception or the distribution of rights, they reflect the rules relating to these increases in their rules of pricing or perception.
Management companies always have a version updated and coordinated their rules for pricing, collection and distribution rights. The version updated and coordinated their pricing and rules of perception as well as the remuneration charged by the management company to the beneficiaries for its management services as separate data and broken down by mode of operation, are published on the website of the management company a clearly readable place and with clear references to the main menu of the Web page , within a period of one month after their last update.
Any person entitled who entrusted the management of his rights to a management company has the right to obtain within three weeks after his application a copy of the updated version and coordinate the rules of pricing, collection and distribution of that management company.
§ 2. The collectives shall take measures in order to spread the rights they charge within a period of 24 months from the perception of these. The management report indicates the rights that have not been disposed of within twenty-four months from the perception thereof, and the reasons for this lack of distribution.
§
3. Management companies shall ensure that direct and indirect expenses related during a given exercise, management services that they provide on behalf of rights holders match loads that would have supported a normally prudent and diligent management company and amounts less than fifteen percent of the average of fees collected in the past three years. The King may adapt this percentage, and differentiate on basis of objective and non-discriminatory criteria.
In case of overshoot of the ceiling referred to in paragraph 1, this overshoot is motivated by a complete, precise and detailed in the management report referred to in article XI.257, § 2.
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XI.253. § 1. After consultation with rights management societies, organizations representing debtors rights and organizations representing consumers sitting in the consultation Committee established by article XI.282, the King fixed: 1 ° the minimum information which must contain the documents relating to the levying of duties which are brought to the attention of the public by management companies , without prejudice to other legal provisions;
2 ° the minimum information to be contained in the invoices from collecting societies without prejudice to other legal provisions.
The King may differentiate the minimum information referred to in paragraph 1, 1 ° and 2 ° on the basis of the rights concerned.

§ 2. After consultation with the collectives rights, organizations representing debtors rights and organizations representing consumers sitting within the Conciliation Committee set up by article XI.282 and without prejudice to the exclusive right of authors and owners of neighboring rights, the King may, by Decree deliberated in the Council of Ministers, set, taking into account the different categories of works and the different operating modes detailed rules for the administrative simplification of the perception of rights managed rights management companies.
Under paragraph 1, the King is empowered to provide all administrative simplification measures, such as the establishment of a single platform or the introduction of a single Bill.
Administrative simplification measures may be provided for a single mode of operation or several operating modes. The management companies that handle this or these modes of exploitation rights shall implement administrative simplification measures adopted by the King by virtue of this section.
From 1 January 2015, management companies which manage copyright and neighbouring rights in the public performance of Phonograms and films provide a unique platform for the perception of the aforementioned rights, provided that the Phonograms and films are not used for representation and no right to access or consideration is requested to attend to their execution. The King may change the date provided for in the previous sentence.
§ 3. To ensure their indemnity, the King may determine increases of duties which are applied by management companies when the user does not declare the use of the works or services protected in a timely manner or when it does not provide the information required for the perception or the distribution of rights.
S. XI.254. after consultation with the standards Commission accounting, Institute of Auditors and management companies of rights sitting within the Conciliation Committee set up by article XI.282 and without prejudice to other legal provisions, the King may fix the minimum information which must contain the documents relating to the management of the rights that are brought to the knowledge or used with respect to rightholders by management to provide companies

to those claiming clear information, complete and accurate regarding the matters addressed in these documents.
The King may differentiate the minimum information referred to in paragraph 1 on the basis of the rights concerned.
S. XI.255. § 1. Notwithstanding any clause to the contrary, the statutes, regulations or contracts the companies cannot prevent having right to entrust the management of rights in one or more categories of works or performances of its directory to another company of his choice or to manage itself.
Provided that entitled it notifies an advance notice of six months before the end of the fiscal year, at least that a shorter notice period is provided for in the contract concluded with the beneficiary, the withdrawal of the rights shall take effect on the first day of the next fiscal year. When the notice of withdrawal shall be notified less than six months before the end of the year, or without complying with the time limit in the contract concluded with the beneficiary when it is less than six months, it will take effect the first day of the fiscal year succeeding the following year.
The withdrawal of rights takes place without prejudice to the previously legal acts of the company.
§ 2. The person who has a legitimate interest has the right to consult on the spot or in writing all of the directories that manage management companies. If a person with a legitimate interest address a written request to the management company to inquire about membership in this Corporation to a certain work, this company shall provide to the applicant a complete response and written endeans the three weeks following the receipt of the request.
Management companies shall transmit to the Service at the end of each fiscal year a list updated with the name of all rights holders that have entrusted them the management of their rights, with the exception of right holders whose rights are managed in execution of contracts with other management companies established in Belgium by contract or foreign.
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XI.256. § 1. Rights management companies can grant credits or loans, directly or indirectly. Further, they cannot stand as a guarantor of directly or indirectly of the commitments made by a third party.
§ 2. They cannot grant rights advances only if each of the following conditions is fulfilled:-they are granted on the basis of non-discriminatory rules. These rules constitute an essential element of the rules of distribution of the management company;
-the granting of advances shall not affect the result of the final distribution.
S. XI.257. § 1. Without prejudice to article XI.234, § 2, only the General Assembly of the management company established in Belgium, acting by the majority of two thirds of the shareholders present or represented, subject to more stringent statutory provisions, may decide that at least 10% of fees may be affected by the company's management for social purposes, cultural or educational. The General Assembly may also lay down a general framework or guidelines on the allocation of these monies.
The management of the rights affected for social purposes, cultural or educational purposes is carried out by the management company itself.
Management companies established in Belgium that affect a portion of fees collected for social purposes, in accordance with paragraph 1 of the cultural or educational must operate a separation of accounts to make appear the resources allocated for such purposes as well as their effective use.
The allocation and use of rights by the Société de gestion des droits for social purposes, cultural or educational subject annually to a report of the Board of Directors in which the allocation and use of these rights are indicated.
This report is submitted to the General Assembly and release for informational purposes to the control Service.

§ 2. Without prejudice to article XI.234, § 2, and legal more binding provisions of the Member State in which they are established, the collectives established in another EU Member State may decide that at least 10% of fees collected in Belgium may be assigned for social purposes, cultural or educational.
The management of the rights affected for social purposes, cultural or educational purposes is carried out by the management company itself.
Management companies established in another European Union Member State that affect a portion of fees collected for social purposes, in accordance with paragraph 1 of the cultural or educational must operate a separation of accounts to make appear the resources allocated for such purposes as well as their effective use.
The allocation and use of rights by the Société de gestion des droits for social purposes, cultural or educational subject annually to a report of the management or administration in which the allocation and use of these rights are indicated. This report is submitted to the General Assembly and release for informational purposes to the control Service.
S. XI.258. § 1. Right holders and users of works and protected benefits shall be entitled to directly introduce a complaint to management companies against individual acts of copyright and neighboring rights rights management.

§ 2. In order to ensure the right referred to in paragraph 1, rights management societies are available to rights holders and users of works and benefits protected procedures efficient and rapid processing complaints.
§ 3. The management company reacts as quickly as possible to the complaint and at the latest within a period of one month from the day of its introduction and makes every effort to find clear, relevant and satisfactory answers.
For motivated exceptional reasons, the complaint processing time may be extended for an extra month to the maximum.
The answer given is done in writing or in a durable medium. When the management company responds that the claim is wholly or in part unfounded, it motivates its response.
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XI.259. § 1. Referred to in article XI.246 companies who intend to carry out their activities in Belgium must be authorized by the Minister prior to commencing operations.

§ 2. Permission is granted to companies which fulfil the conditions laid down in articles XI.247 to XI.250, XI.252, XI.255, XI.256, XI.257 and XI.258.
The conditions for granting authorisation to a management company incorporated in another country of the European Union must not duplicate requirements and controls equivalent or essentially comparable due to their purpose, to which is already subjected the management company in this country.
§ 3.
Any request for the purpose of authorization is addressed to the Minister by registered mail.
The King determines the particulars and documents which must accompany the request for authorization.
Within two months of the submission of the application, the Minister or his delegate provides the applicant an acknowledgement of receipt if the dossier is complete. Otherwise, he informs him that the record is not complete documents or missing information. The Minister or his delegate shall issue the acknowledgement for the complete dossier in the two months of the receipt of the documents or information is missing.
The Minister shall decide within three months from the date of the notification that the record is complete. If within that period, the applicant attached information or additional documents at his request, the period of three months is extended by two months. The decision is notified to the applicant within fifteen days by registered mail.
The authorization is published within 30 days in the Moniteur belge.
When the refusal of permission is envisaged, the Minister or the person designated for this purpose shall notify beforehand its grievances management company concerned by sending recommended with acknowledgement of receipt. He wears to the knowledge of the management company that from the date of this notification, it has a period of two months to see the folder that was set up, be heard by the Minister or the person designated for that purpose and to present its case. This period of two months shall suspend the period of three months referred to in paragraph 4. The decision is notified within fifteen days by registered mail.
S. XI.260. § 1. Control in management companies established in Belgium of the financial situation, the annual accounts and regularity to the present title, its orders execution, the statutes and the rules of distribution, operations listed in the annual accounts and consolidated annual accounts, is entrusted to one or more auditors chosen from among the members of the Institut des réviseurs d'Entreprises regardless of the size of the management company.
All the provisions of the companies Code relating to the Commissioners, their mandate, their functions and competences, the modalities of appointment and resignation are applicable to the Commissioners referred to in paragraph 1.
§
2. Control in management companies established in another EU Member State European in relation to their branches established in Belgium, the financial situation, the annual accounts and regularity to this title, of its orders of execution, of the Statute and the rules of distribution, and operations listed in the annual accounts, is entrusted to one or more reviewers

chosen from among the members of the Institut des réviseurs d'Entreprises, regardless of the size of the management company.
S. XI.261. the control Service may at any time ask the Commissioner or reviewer with a management company proof that the Commissioner or auditor has not in a disciplinary sanction.
The Commissioner or auditor who was the subject of a disciplinary sanction informs the control Service as well as the management company concerned of this disciplinary action within five working days of the significance of this measure by the Institute of Auditors art.
XI.262. in case of resignation of the Commissioner or the reviewer in the management company, it shall inform the control Service within five working days following the notification of the resignation.
Within five working days following the revocation by the company's management the mandate of Commissioner or auditor carried out this revocation to the knowledge of the control Service in accordance with the provisions of the Code of corporations, the door management company.
S. XI.263. § 1.
Without prejudice to the tasks entrusted to the Commissioner or auditor by or pursuant to other legal provisions, the mission of the Commissioner or auditor appointed from a management company is to: 1 ° ensure that the management company has adopted adequate administrative and accounting organization and internal control to respect this title and its execution decrees. This mission is the subject each year of a special report to the Board of Directors, release for informational purposes to the control Service;
2 ° as part of their mission to the management company of rights or a mission revisorale with a person or entity with which the management company has close links within the meaning of article XI.248, § 5, paragraph 2, to initiative report to the directors or managers of the company's management as soon as they find: has) decisions facts or developments that influence or may influence significantly the situation of the society of rights management in financial terms or in terms of its administrative and accounting organization or its control internal;
(b) decisions or facts which may constitute an infringement of the Code of corporations, accounting legislation, the articles of Association, the provisions of this title and its enforcement decrees;
(c) other decisions or facts which are likely to create a certificate with reserve, a negative opinion, or a declaration of forbearance.
A copy of reports provided for in the preceding paragraph, 1 ° and 2 °, is communicated by the Commissioner simultaneously to the control Service. The control Service will take no action in relation to the data contained in these reports during a period of fifteen days from the date of the communication of this report in order to allow the company to rights management to convey his remarks to the Commissioner or auditor and Control Service.
§ 2. No civil, criminal or disciplinary action may not be brought or professional sanctions pronounced against Commissioners or reviewers who proceeded in good faith to information referred to in paragraph 1, paragraph 1, 2 °.
The Commissioners and Auditors are untied their privilege with respect to the Minister and the control Service when they find a breach of the Code of corporations, accounting legislation, the articles of Association, the provisions of this chapter or its application orders.
§ 3. The Commissioner may require the management body of the company it controls, to be put in possession, at the headquarters of this company, of information relating to natural or legal persons with which the management company has close links within the meaning of article XI.248, § 5, paragraph 2.
S. XI.264. § 1. The funds raised that in some way, can be attributed are divided among the beneficiaries of the category concerned by the management companies established in Belgium, approved manner to the majority two-thirds in General Assembly. The King may define the concept of rights holders in the category concerned.
In the absence of such a majority, a new general meeting specially convened for that purpose statue by a simple majority.
The management company charges cannot be charged to the Fund referred to in paragraph 1 in a discriminatory manner against other categories of rights managed by the management company.
The King determines the conditions under which in accordance with paragraph 3 loads of the management company are charged on the funds referred to in paragraph 1.
The Commissioner shall establish each year a special report on: 1 ° the qualification by the management company of amounts as funds that certainly cannot be attributed;
2 ° the use of these funds by the management company, and;
3 ° the expensing on these funds.
§ 2.
The funds that are collected in Belgium by management companies established in another EU Member State and who, in some way, can be attributed should be distributed among the beneficiaries of the category concerned by the management companies established in another European Union Member State. The King may define the concept of rights holders in the category concerned.
The management company charges cannot be charged to the Fund referred to in paragraph 1 in a discriminatory manner against other categories of rights managed by the management company.
The King determines the conditions under which in accordance with paragraph 3 loads of the management company are charged on the funds referred to in paragraph 1.
The auditor prepares each year a special report on: 1 ° the qualification by the management company of amounts as funds that certainly cannot be attributed;
2 ° the use of these funds by the management company, and;
3 ° the expensing on these funds.
S. XI.265. without prejudice to the specific derogations, actions for payment of fees collected by collecting societies are prescribed by ten years from the date of their perception. This time limit is suspended from the date of their collection until the date of their distribution.
S. . XI.266 without prejudice to all information that must be provided under the laws and the articles of incorporation, any associated or his representative may obtain, within a period of one month from the day of its application, a copy of the documents of the past three years, and are related: 1 ° to the annual accounts approved by the general Assembly and the financial structure of the company;
2 ° to the updated list of administrators;
3 ° to reports made to the Assembly by the Board of Directors and the auditor;
4 ° the text and the explanatory memorandum of the proposed resolutions to the General Assembly and to all information concerning candidates for the Board of Directors;
5 ° to the overall amount, certified by the Auditor, remuneration, the fee and the advantages of any kind whatsoever, paid to administrators;
6 ° at the rates discounted by society;
7 ° to the destination of the funds which, in accordance with articles XI.178, § 3, and XI.264, had to be redistributed.
S. XI.267. companies have the faculty, within the limits of their statutory competence, General contracts relating to the exploitation of copyright and neighboring rights.
S. XI.268. companies have standing to litigate for the defense of rights which they are statutorily responsible.
S. XI.269. in addition to the minutes of the officers or agents of the judicial police, proof of a representation, execution, a reproduction or exploitation any, as well as that of any misrepresentation concerning the works represented, performed or reproduced or income may result from the findings of a bailiff of justice, or until proof to the contrary of those of an agent designated by management companies approved by the Minister and sworn in accordance with article 572 of the Judicial Code.
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XI.270. Notwithstanding any provision to the contrary, rights management societies shall communicate to control at least sixty days prior to their examination by the competent organ, draft amendments of the statutes and rules of pricing, collection or distribution rights.
The control Service may require that the comments he made concerning these projects are brought to the knowledge of the competent organ of the society. These comments and responses that are made must be included in the minutes of the competent body.
S. XI.271. § 1.
Management companies established in Belgium shall transmit to the control Service a copy of the accounting statement delivered each semester to auditors in accordance with article 137, § 2, paragraph 3 of the Code of corporations.
Management companies established in another European Union Member State shall transmit to the control Service at least each semester interim accounts relative to the activities of their branches established in Belgium and established according to the balance sheet and the income statement layout.

§ 2. Management companies shall transmit to control once a year a version coordinated and updated their pricing, perception rules and distribution rights.
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XI.272. § 1. Rights management companies and users of works and protected benefits lead to good faith negotiations for licensing of rights,

the perception and the pricing of rights. The negotiations in good faith include the transmission of all the necessary information on the respective services to asset managers and users.

§ 2. Without prejudice to the measures provided under sections XI.175 to XI.178, XI.213, XI.229 to XI.245, users provide as soon as management companies information on the use of the protected works and performances for which management companies manage the rights that are necessary for pricing, perception and the allocation of the rights.
The King may determine the information necessary for the collection and the distribution of rights that users must communicate to the collectives and the modalities according to which this information is communicated. It may in particular differentiate between this information and the terms and conditions according to the nature of use such as the professional nature of it.
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XI.273. license contracts concluded by the societies of rights and users of works and protected benefits provide objective and non-discriminatory criteria in particular in relation to the agreed rates.
Chapter 10. -Of the transparency of the law of copyright and neighboring rights Section 1. -Regulation of copyright and neighboring rights art. XI.274. it is established within the FPS economy Service regulation of the law of copyright and related rights, hereinafter referred to as "Service Control".
S. XI.275. § 1. In respect of its monitoring missions, dispatch has the exclusive jurisdiction to ensure that the perception, pricing and distribution rules laid down by the rights management companies mentioned in Chapter 9 are fair and non-discriminatory.
An application may be lodged with the Service Regulation only by any interested a rights management company licensed or a professional or interprofessional grouping with civil personality.
§ 2. In execution of its missions of control referred to in paragraph 1, the control Service can: 1 ° decide that the rules referred to in paragraph 1 are fair and non-discriminatory;
2 ° give the management company a warning referred to in article XV.31/2 of this Code;
3 ° after having sent a warning as provided for in 2 °, the Court of appeal of Brussels in accordance with article XI. 340, to obtain it pronounces on the character fair and non-discriminatory regulations concerned;
If he decides not to issue a warning to the management company, dispatch shall inform the applicants of the decision within the time and according to the forms referred to in paragraph 3.
The absence of decisions taken by dispatch in a timely manner is supposed to constitute an appealable decision of an appeal within the meaning of article XI.341.
§ 3. Dispatch shall decide by reasoned decision in the cases referred to in paragraph 2, after hearing the parties concerned, within two months following the receipt of all information.
It makes its decisions taking into account inter alia: (1) the provisions of this title and tracks 6 and 7;
2 ° the obligations international and European of the Belgium law of copyright and neighboring rights;
3 ° the value of use of the works and or protected benefits given the exclusive nature of the right.
It can make or make all useful investigations and the need to designate experts and hear witnesses.
Regulation Service shall notify the parties of its decisions and makes them public within 15 days of their adoption.
They are published in paper and electronic form.
S. XI.276 in respect of its consulting engagements, dispatch may: 1 ° give reasoned opinions concerning the enhancement of the law of copyright and neighboring rights;
2 ° initiative or at the request of the Minister or other services of the FPS economy, conduct research and studies relating to the value of copyright and neighbouring rights, including market analyses;
3 ° forward to the other services of the FPS economy, at their request, relevant information for the preparation of the orders for the implementation of the provisions of this title.
S. XI. 277. § 1.
In respect of its missions of mediation, dispatch knows requests for mediation on disputes relating to the application of this title and tracks 6 and 7, with the exception of article XI.293.
§ 2. In execution of its missions of mediation, dispatch is responsible for: 1 ° accompany, hear and advise the parties to arrive at an amicable settlement;
2 ° in case the amicable solution can be found, to formulate a recommendation to the parties;
3 ° issue, on its own initiative or at the request of the Minister of the notice in the context of its missions.
Requests for mediation are submitted agreed by the parties concerned.
§ 3. When a request for mediation on a matter of copyright and neighbouring rights have been declared admissible by the control Service, the common law limitation periods are suspended during the mediation procedure concerning this dispute, until one of the parties or dispatch expresses the will to put an end to the mediation procedure , with a maximum period of suspension of six months.
Dispatch shall ensure the confidentiality of the information that the parties communicate through a mediation procedure relating to a dispute referred to in paragraph 1. These data can be used in any other way or for any other purpose, with the exception of their anonymous treatment for the annual report referred to in article XI.288.
The amicable settlement of a dispute on copyright and neighbouring rights obtained by the control Service may be submitted by the parties or one of them, for approval, to the competent court, in accordance with sections 1025 to 1034 of the Judicial Code. The approval decision comes out the effects of a judgment within the meaning of section 1043 of the Judicial Code.
S. XI.278 § 1. In the exercise of their duties, members of dispatch Act in full independence and neutrality and cannot receive instructions or orders of person.
§ 2. The King fixed by Decree deliberated in the Council of Ministers the administrative and pecuniary members of dispatch status. The mandate of the members of dispatch is five years. Their mandate is renewable.
§ 3. The King lays down additional rules for the organisation, operation, composition and procedure that apply to dispatch for the missions referred to in articles XI.275 to XI.277.
It also lays incompatibilities applicable to members of dispatch, in particular to persons responsible for a mission of mediation referred to in article XI.277, so as to guarantee their independence and their functional autonomy.
Section 2. -Management of Rights article companies control service XI.279. § 1. Without prejudice to article XI.275, the control Service shall ensure the application of this title and its orders of execution by rights management companies as well as to the purposes of their statutes and their pricing rules of collection and distribution.
§ 2. Without prejudice to the powers of the judicial police officers, officers of the Service Control, designated for this purpose by the Minister, are also relevant for search and found the offences referred to in article XV.112.
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XI.280. rights management companies must retain all data relating to the management of rights either at the headquarters of the Belgian companies either to the Belgian branch of companies established in another European Union Member State or in any other place previously approved by the Minister or the agent commissioned for this purpose.
In the case of companies established in another State member of the European Union, the obligation referred to in the preceding paragraph concerning the documents relating to the management of rights generated in Belgium and rights established right holders or residents in Belgium.
Without prejudice to other legal provisions which prescribe a longer period, the period during which the documents referred to in paragraphs 1 and 2 must be kept is ten years upon commencement of allocation of the amounts to which they relate.
S. XI.281. agents of management companies and others to participate in the collection of remuneration due under Chapters 5 to 9 are bound to professional secrecy for all information of which they have knowledge in or on the occasion of the exercise of their functions.
S. XI.282. § 1. A Committee from the FPS economy shall be established in order to: 1 ° organizing the consultation scheduled for the preparation of the enforcement of the provisions of Chapter 9;
2 ° to organize a consultation between the circles interested in the audiovisual sector on the implementation of the provisions of title 5, relating to audiovisual works.
§ 2. This Committee, which meets at least once a year is composed of representatives: 1 ° the management companies authorized to carry out their activities on the Belgian territory;
2 ° of the organizations representing authors, artists- performers, audiovisual works producers or broadcasting organizations;
3 ° of the organizations representing the debtors of rights, designated by the Minister;

4 ° of organizations representing consumers, designated by the Minister;
5 ° of the Institut des réviseurs d'Entreprises;
6 ° of the accounting standards Commission.

§ 3. Members of the Committee designated by the Minister as representatives of authors, performers or audiovisual performers, producers, broadcasting organizations of users of works can: 1 ° to coordinate on the implementation of the provisions of title 5, relating to audiovisual works;
2 ° conclusion, according to the procedure laid down by the King, of collective agreements relating to the exploitation of audiovisual works.
The collective agreements referred to 2 °, can be made mandatory by royal decree with respect to third parties.
The Minister may refuse to propose to the King to make a binding collective agreement on the grounds that it contains are clearly illegal provisions or contrary to the public interest. He made known the reasons the members referred to in paragraph 1.
The Conciliation Committee composed of members appointed by the Minister as representatives of authors, performers or performers, producers, broadcasting organizations of users of audiovisual works to address an opinion to the Minister within six months of the entry into force of this provision, and then every two years, relating to the application of the provisions of title 5 relating to audiovisual works, in particular articles XI. 182, XI.183 and XI. 206 § 4. The King determines the composition, conditions of appointment of its members and the Organization and operation of the Committee.
The Minister shall designate the members of the Committee representing authors, artists- performers, producers, broadcasting organizations and audiovisual works users, empowered to negotiate collective agreements referred to in paragraph 3.
S. XI.283. the provisions of Chapter 9 and the second section of the present chapter will be evaluated by the Agency in the fourth year after the date of entry into force of the Act of 10 December 2009 amending, with regard to the status and control of management of human societies, the Act of 30 June 1994 on the right of copyright and rights.
The report of this evaluation is passed to the House of representatives by the Minister.
Section 3. -Economic analysis of copyright and neighboring rights art. XI.284. in order to assess the importance of copyright and neighboring rights for the economy or for certain economic sectors, the FPS economy performs, or at the request of the Minister or of the House of representatives, or initiative, the following tasks: 1 ° collect, process and analyse statistical data concerning copyright and neighbouring rights;
2 ° observe and analyse the market of the law of copyright and neighboring rights;
3 ° making economic analyses;
4 ° hold public consultations;
5 ° collect and develop a national studies, European or international database on the economic importance of copyright and neighbouring rights, carried out by or at the request of an authority or environments concerned;
6 ° to provide advice to the Minister in the context of its mission analysis of the economic importance of copyright and neighbouring rights.
For the execution of the tasks defined in the 1 °, 2 °, 3 °, 4 ° and 5 °, the FPS economy can run only this task or entrust it to a third party providing guarantees of independence and objectivity.
S. XI.285 the FPS economy, or a third party designated by him, may request Office to natural persons and legal entities of public law and private law all information useful for the execution of tasks, defined in article XI.284.
The King lays down the manner and time in which such information is requested by the FPS economy and must be provided to it by natural persons and legal persons of public law and private law.
Natural persons and legal entities of public law and private law provide at the request of the FPS economy, or the third party designated by him, copy of license contracts concluded in application of the present title with management, with other people, companies and information for the execution of these contracts.
Members of the FPS economy or third it means, responsible to collect or analyze data, are bound by an obligation of confidentiality in respect of the personal data they process. Such data and information may be published in a manner anonimisee and associate.
Information obtained under this section cannot be used for a purpose or for reasons other than those of the economic analysis of copyright and neighbouring rights.
Section 4. -Provisions common to sections 1 to 3 s. XI.286. § 1. Without prejudice to paragraphs 2 and 3 and article XI.288, dispatch, and officers of the control Service are bound by an obligation of confidentiality with regard to confidential information which they are aware in the exercise of their function. They cannot, at the end of their function, exercise for a year any function in a company subject to review under section 9 or in a large company within the meaning of article 15 of the Code of corporations, including more than half of revenues come directly from exploitation in Belgium of works or performances protected.
§ 2. Dispatch and Control Service can in carrying out tasks assigned to them to be assisted by independent experts who report them.
These experts are bound by an obligation of confidentiality with respect to the confidential information of which they have knowledge as part of their mission.
§ 3. Dispatch and Control Service can: 1 ° to transmit confidential information in court proceedings instituted after a legal entity has been declared bankrupt or that it has received a judicial reorganisation;
2 ° communicate confidential information concerning legal or natural persons: a) on the order of a court;
(b) to the Belgian or European authorities responsible for ensuring compliance with the legislation on the protection of economic competition;
(c) to bodies involved in the liquidation and bankruptcy of corporations or other similar procedures;
(d) to persons responsible for the legal control of the accounts of legal persons;
(e) to the authorities responsible for overseeing the bodies involved in the liquidation and bankruptcy of legal persons and in other similar procedures.
Information may be communicated only to the purpose of the fulfilment by the recipient thereof, of such legal mission described in paragraph 1.
Provided that this does not prejudice the fulfilment of its mission by the recipient of the information provided as the case by dispatch or the control Service, a copy thereof shall be communicated to the person concerned physical or moral.
S. XI.287. § 1. There is created an organic Fund for the transparency of the copyright and neighbouring rights.
Revenues credited to the Fund referred to in paragraph 1, as well as expenses that may be assigned to workload are mentioned in respect of the said Fund to the table annexed to the Act of 27 December 1990 creating budgetary funds.
Act containing general estimates, the intended basic allowances, a share, to the control Service, and other hand, dispatch, shall be registered in two distinct within a same program activities, so that the cost of operations for the two services may be controlled optimally. During the fiscal year, the Minister will not redistribute benefits between this same program activities, with the agreement of the Minister of the Budget.
§ 2. For the Fund referred to in paragraph 1 and in the manner established by the King, any management company is required to pay an annual contribution.
In the event of withdrawal of authorization in application of the present title, the management company is subject to the requirement of contribution up to December 31 of the year during which the decision to withdraw comes into force.
The contribution is due to unique and indivisible way.

§ 3. The contribution of each company is calculated on the basis of copyright and neighbouring rights it collects on the national territory and on the basis of copyright and neighbouring rights it collects abroad on behalf of persons residing in the national territory.

§ 4. The contribution due by each rights management society consists of a percentage of the basis of calculation defined in paragraph 3.
This percentage must meet the following conditions: 1 ° without prejudice to paragraph 3, be the same for all rights management companies;
2 ° allowing the total proceeds of contributions to cover all the costs resulting of the control exercised under this chapter;
3 ° do not exceed 0.4% of the calculation basis set out in § 3.
The King determines the percentage of the basis for calculating meets the conditions referred to in the preceding paragraph.
The percentage may not exceed 0.1% of the calculation basis defined in paragraph 3, for the contribution due from corporations management representative of all the companies of

rights management, designated by the King in application of articles XI.229, paragraph 5, XI.239, paragraph 7, XI.242, paragraph 3, and XI.244, paragraph 4, with respect to the rights to remuneration received by these companies, referred to respectively in articles XI.229, XI.235, XI.236, XI.240 and XI.243.
§
5. Are not included in the calculation base set out in paragraph 3, the fees collected by collecting societies provided that: 1 ° these rights relate exclusively to acts of exploitation carried out abroad;
2 ° these rights must be fully repaid, if necessary after removal of a Management Board, by the management company with the headquarters of his business or a branch in Belgium to one or more management companies having headquarters of their economic activity abroad, and 3 ° only the collecting societies referred to in 2 ° that were the headquarters of their economic activity abroad carry out the distribution of these rights.
§
6. The organic Fund may present a deficit during the same fiscal year as this situation is settled on the basis of actual income in a way that the budget can be closed with a positive balance.
§ 7. Without prejudice to other sanctions provided for in this Code, the Minister of finance can load at the request of the Minister, the Service federal public finance of the collection of contributions whose payment remained outstanding.
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XI.288 the FPS economy publishes annually a report of activities relating to copyright and neighboring rights. This report contains some 'Législation', 'Régulation' part, 'Control' part, and part "Economic analysis". This report provides an overview of the activities carried out during the year by the FPS economy.
The "Control" part stand out by category of works and operating mode inquiries, complaints from debtors and privies and intervention initiative Service of control as well as their results. Founded complaints will be published by management company. This part of the report gives an accurate picture of the sector's collective management and accountable the specific role and financial situation of management companies as well as recent developments in this sector.
The report is forwarded to the Minister. The report is also published on the website of the FPS economy.
Chapter 11. -Scope art. XI.289. without prejudice to the provisions of international conventions, authors and holders of neighbouring rights shall enjoy in Belgium of the rights guaranteed by the present title although the duration of these may not exceed the duration laid down by Belgian law.
However, if these rights expire earlier in their country, they will cease at the same time having effect in Belgium.
In addition, if it is found that Belgian authors and Belgian holders of neighboring rights shall enjoy in a foreign country of less extensive protection, citizens of this country will not benefit to the same extent from the provisions of the present title.
Notwithstanding paragraph 1, the reciprocity shall apply to remuneration rights of publishers, performers or performers and producers of phonograms or first fixations of films, referred to in articles XI.229, XI.235, XI.240 and XI.243, without prejudice to the Treaty on the Union European.
S. XI.290. the Belgian authors can claim the application for their benefit in Belgium of the provisions: 1 ° of the Berne Convention, and 2 ° of the Treaty of the world Organization of intellectual property on copyright (WCT), adopted at Geneva on December 20, 1996, in all cases where those provisions are more favorable than the Belgian law.
The Belgian owners of neighboring rights may claim the application for their benefit in Belgium of the provisions of the International Convention on the protection of performers or performers, producers of Phonograms and broadcasting, done in Rome, October 26, 1961, organizations which would be more favourable than the Belgian law.
The performers and producers of Belgian phonograms performers can claim the application for their benefit in Belgium of the provisions of the Treaty of the world Organization of intellectual property on performances and Phonograms (WPPT) adopted in Geneva on December 20, 1996, in all cases where those provisions are more favorable than the Belgian law.
Chapter 12. -Legal protection of technological measures and information on the regime of Rights article XI.291. § 1.
Anyone who circumvents any effective technical measure, knowing or having reasonable grounds to think and knowing or having reasonable grounds to believe that this workaround may facilitate the commission of offences referred to in article XI.293, is guilty of an offence. The circumvention of technical measures, in accordance with or by virtue of this article or under article XI.336 in XVII.15, § 1, shall be deemed to facilitate the commission of the offences referred to in article XI.293.
Any person who manufactures, imports, distributes, sells, rents, advertises for sale or hire, or possesses for commercial devices, products or components, or provides services which: 1 ° subject to a promotion, advertising or marketing, with the aim of circumventing the protection of any effective technical measure, or 2 ° have only a limited commercial purpose or use other than to circumvent any technological measure effective, or 3 ° are primarily designed, produced, adapted or performed for the purpose of enable or facilitate the circumvention of the protection of any effective technical measure, is guilty of an offence.
Technological measures shall be deemed effective within the meaning of paragraphs 1 and 2 where the use of a work or of a performance is controlled by the rightholders through application of an access code or of a method of protection such as encryption, scrambling or other transformation of the work or the delivery or a mechanism of copy control that achieves the protection objective.
§ 2.
Right holders take within a reasonable time adequate measures to voluntary, including agreements with the other parties concerned, in order to provide the user of a work or a service, the necessary means to be able to benefit from the exceptions provided for in article XI.189, § 2, at section XI.190, 5 °, 6 °, 7 °, 8 °, 12 °, 14 °, 15 ° and 17 °, in article XI.191, § 1, 1st paragraph , 1 ° to 5 °, and article XI.217, 5 °, 6 °, 11 °, 13 °, 14 ° and 16 ° when it is a lawful access to the work or the benefit protected by technical measures.
The King, by Decree deliberated in the Council of Ministers, can, the conditions set by it, extend to articles XI.190, 9 °, and XI.217, 7 °, the list of provisions referred to in paragraph 1 as it affects normal works or services exploitation, nor does not cause unreasonably prejudice the legitimate interests of the right holders.
§ 3. Paragraph 2 does not apply to works and services which are made available to the public at the request according to contractual arrangements between the parties, so that everyone can access them from a place and at a time individually chosen by them.
§ 4. Technical measures of protection referred to in paragraph 1 and article I.13 cannot prevent the legitimate purchasers of works and performances protected to use these works and benefits in accordance with their normal destination.
S. XI.292. § 1. Any person who knowingly and without authorization, any of the following acts: 1 ° the deletion or modification of any information on the rights regime in electronic form, and 2 ° the distribution, importation for distribution, broadcasting, communication to the public or making available to the public of works or services, and the information on the scheme of rights in electronic form has been removed or altered without authority knowing or having reasonable grounds to believe that doing it causes, allows, facilitates or conceals an infringement of a copyright or a neighbouring right, is guilty of an offence.
§ 2. For the purposes of this article, "rights management information", means any information provided by holders of rights which allows to identify the work or delivery, the author or any other rightholder.
This term also refers to the information on the terms and conditions of use of the work or of the delivery as well as any number or code representing this information.
1 paragraph applies when one any of these items of information is attached to the copy or appears in connection with the communication to the public of a work or of a performance.
Chapter 13. -Infringement art. XI.293. any malicious or fraudulent scope of copyright and neighbouring rights constitutes the crime of counterfeiting.
It is similarly of the application malicious or fraudulent of the name of an author or a holder of a neighbouring right, any distinctive sign adopted by him to designate his or her performance; such objects will be regarded as counterfeit.
Those who knowingly, sell, lease, offer for sale or rental, held in deposit to be rented or sold, or introduce on Belgian territory for commercial purposes counterfeit objects, are guilty of the same offence.

The provisions of chapter XI of the law of 3 July 1969, establishing the Code of value added tax shall apply to infringements of the provisions of chapters 5-8 and those of their orders for the application, the word "tax" being replaced by "compensation".
Where facts submitted to the Court are the subject of an action for an injunction under section XVII.14, § 3, it cannot be ruled on the criminal action unless a res judicata a decision was made relatively to the action for an injunction.
Title 6. -Computer arts programs
XI.294. in accordance with directive 91/250/EEC of the Council of 14 May 1991 on the legal protection of computer programs, computer programs, including the preparatory design material, are protected by copyright and assimilated to literary works within the meaning of the Berne Convention.
S. XI.295. A computer program is protected if it is original in the sense that it is the author's own intellectual creation. No other criteria apply to determine if it can be protected by copyright.
The protection granted by this title applies to any form of expression of a computer program. The ideas and principles underlying any element of a computer program, including those which are at the basis of its interfaces, are not protected by copyright.
S. XI.296. unless contractual provision or statutory contrary, only the employer is presumed assignee of the patrimonial rights to computer programs created by employees or agents in the exercise of their duties or following the instructions given by their employer.
S. XI.297. moral rights can be adjusted in accordance with article 6bis 1 of the Berne Convention.
S. XI.298. subject to sections XI.299 and XI.300, the economic rights include: a) the temporary or permanent reproduction of a computer program, in whole or in part, by any means and in any form whatsoever. Where the loading, display, passage, transmission or storage of a computer program necessitate such reproduction of the program, these acts will be subject to the authorization of the right holder;
b) translation, adaptation, arrangement and any other alteration of a computer program and the reproduction of the programme resulting therefrom without prejudice to human rights which transforms the program;
(c) any form of distribution to the public, including the rental and lending, the original or copies of a computer program. The first sale of a copy of a computer program by the holder of the right or with his consent exhausts the distribution of this copy right in the European Union, with the exception of the right to control leases and subsequent loans of the computer program or of a copy thereof.
S. XI.299. § 1. In the absence of specific contractual provisions, are not subject to the authorization of the holder the acts referred to in article XI.298, a) and b), where those acts are necessary for the person having the right to use the computer program, use it in a manner consistent with its intended purpose, including error correction.
§ 2. The person having the right to use the computer program may see prohibit the reproduction in the form of a copy of backup provided that this copy is necessary for the use of the program.
§ 3. The person having the right to use the computer program may, without the authorization of the right holder, observe, study or test the functioning of the program in order to determine the ideas and principles which are at the base of an element of the programme, when it performs an operation of loading, display, passage, transmission or storage of the computer program that it is entitled to make.
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XI.300. § 1. The authorization of the right holder is not required where reproduction of the code or translation of the form of this code within the meaning of article XI.298 a) and b), is indispensable to obtain the information necessary for the interoperability of a computer program created by independently with other programs, provided that the following conditions are met: has) the acts of reproduction and translation are performed by a person enjoying the right to use one copy of the program , or on his behalf by a person authorized for that purpose;
(b) the information necessary for interoperability are not already easily and quickly accessible.
(c) acts of reproduction and translation are limited to the parts of the original program required for this interoperability.
§ 2. The provisions of the preceding paragraph do not justify that the information obtained under their application: has) to be used for purposes other than the achievement of the interoperability of the independently created program;
(b) be communicated to third parties, unless such communications are necessary for the interoperability of the independently created computer program;
(c) be used for the development, production or marketing of a computer whose expression program is basically similar, or for any other Act to infringe copyright.
§ 3. This article can only receive an application that cause unreasonably prejudice the legitimate interests of the right holder, or prejudice to the normal exploitation of the computer program.
S. XI.301. the provisions of articles XI.299, §§ 2 and 3, and XI.300 are mandatory.
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XI.302. the term of protection by copyright of computer programs is determined in accordance with article XI.166.
S. XI.303. violations of copyright in a computer program shall be punished in accordance with the law.
S. XI.304. any person who puts into circulation or who, for commercial purposes, holds a copy of a computer program knowing that it is illicit or having reasonable grounds to believe, and any person who puts into circulation or holds for commercial purposes any means with the sole purpose to facilitate the unauthorized removal or neutralization of the technical devices that protect the computer program is guilty of the crime of counterfeiting.
Title 7. -Database Chapter 1 St. -Concepts and scope of art. XI.305. this title transposes directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases.
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XI.306. the right of producers of databases applies to databases regardless of their form including the obtaining, verification or presentation of the contents attests an investment qualitatively or quantitatively substantial.
The right of producers of databases applies irrespective of any protection of the database or its contents to the title of the copyright or other rights and is without prejudice to any right existing works, data or other material contained in the database.
The right of producers of databases does not apply to computer programs as such including those that are used in the manufacture or operation of a database.
Chapter 2. -Rights of the producer of an article database XI.307. the producer of a database has the right to prohibit extraction and/or re-utilization of the whole or a part qualitatively or quantitatively substantial, the content of this database.
Extraction and/or reuse repeated and systematic of insubstantial parts of the contents of the database are not allowed when they are contrary to a normal exploitation of the database or unreasonably prejudice the legitimate interests of the producer thereof.
The first sale of a copy of a database in the European Union by the holder of the right or with his consent exhausts the right to control resale of that copy within the European Union.
S. XI.308. the right of producers of databases is movable, assignable and transferable, in whole or in part, in accordance with the rules of the civil Code. It may in particular be the subject of a disposition or a simple or exclusive license.
S. XI.309. the right of producers of databases takes birth from the completion of the making of the database and expires 15 years after January 1 of the year following the date of completion of the making.
In the case of a database which is made available to the public in whatever manner before expiry of the period laid down in paragraph 1, the term of protection shall expire fifteen years after January 1 of the year following the date on which the database was made available to the public for the first time.
Any change, qualitatively or quantitatively substantial, the contents of the database, including any substantial change resulting from the accumulation of additions, deletions, or successive changes, which certifies a new investment, qualitatively or quantitatively substantial, to assign to the database resulting in an own term of protection.
The producer of a database have the burden of proving the date of completion of the making of the database and the substantial modification of the contents of the database which, pursuant to paragraph 3, to assign to the database resulting, an own term of protection.

Chapter 3. -Exceptions to the right of the producers of databases art.
XI.310. the lawful user of a database which is lawfully made available to the public in any manner whatsoever, may, without the authorization of the producer: 1 ° extract a substantial part of the contents of a non-electronic database where this extraction is carried out in a purpose strictly private.
2 ° extract a substantial part of the contents of the database when this extraction is carried out for purposes of illustration for teaching or scientific research to both that this extraction is justified by the non-commercial purpose;
3rd extract and/or re-utilize a substantial part of the contents of the database for the purposes of public security or for the purposes of an administrative or judicial procedure.
Manufacturer's name and the title of the database whose content is extracted for purposes of illustration for teaching or scientific research, should be mentioned.
Chapter 4. -Rights and obligations of lawful users article XI.311. the producer of a database which is made available to the public in any way cannot prevent the user legitimate database to extract and/or reuse parts, qualitatively or quantitatively non-substantial, of its contents for any purpose whatsoever.
Where the lawful user is authorized to extract and/or re-utilize a part only of the database, the paragraph 1 applies to this part.
S. XI.312. the lawful user of a database which is made available to the public in any way can only perform acts that are in conflict with normal exploitation of that database or which infringe unjustifiably the legitimate interests of the producer of the database.
S. XI.313. the lawful user of a database which is made available to the public in any manner whatsoever will be prejudice to the holder of a copyright or a related right on works or services contained in this database.
S. XI.314. the provisions of articles XI.310 to XI.313 are mandatory.
It can however be contractually derogated from the provisions of article XI.310 when it comes to databases that are made available to the public at the request according to the contractual terms in such a way that everyone can access them from a place and at a time individually chosen by them.
Chapter 5. -Beneficiaries of protection art. XI.315. the right of producers of databases applies to databases which the producer is a national of a Member State of the European Union or has his habitual residence in the territory of the European Union.
Paragraph 1 applies also to companies and firms formed in accordance with the law of a Member State of the European Union and having their registered office, central administration or principal place of business within the Union. However if such a company or firm has only its registered office in the territory of the European Union, its operations must have a real and continuous link with the economy of a Member State.
Databases made in third countries and not covered by paragraphs 1 and 2, which are covered by agreements, on a proposal from the Commission of the European Union, by the Council, are protected by the right of producers of databases. The duration of the protection afforded to these databases cannot exceed that laid down in article XI.309.
Chapter 6. -Legal protection of technological measures and information on the regime of Rights article XI.316. § 1.
Anyone who circumvents any effective technical measure, knowing or having reasonable grounds to think, is guilty of an offence.
Any person who manufactures, imports, distributes, sells, rents, advertises for sale or hire, or possesses for commercial devices, products or components, or provides services which: 1 ° subject to a promotion, advertising or marketing, with the aim of circumventing the protection of any effective technical measure, or 2 ° have only a limited commercial purpose or use other than to circumvent any technological measure effective, or 3 ° are primarily designed, produced, adapted or performed for the purpose of enable or facilitate the circumvention of the protection of any effective technical measure, is guilty of an offence.
Technological measures shall be deemed effective within the meaning of paragraphs 1 and 2 where the use of a database is controlled by the rightholders through application of an access code or of a method of protection such as encryption, scrambling or other transformation of the work or the delivery or a mechanism of copy control that achieves the protection objective.
§ 2. Producers of databases shall take within a reasonable time adequate voluntary measures, including agreements with the other parties concerned, to provide the user of a database, the means necessary to qualify for the exceptions provided for in article XI.310, paragraph 1, 2 ° and 3 °, where lawful access to the database that is protected by technical measures.

§ 3. Technical measures applied voluntarily by producers of databases, including those implemented pursuant to voluntary agreements, as well as technical measures implemented under an order made pursuant to section 2A of the Act of 10 August 1998 transposing into Belgian judicial law the European directive of 11 March 1996 on the legal protection of databases shall enjoy the legal protection provided for in paragraph 1.

§ 4. Paragraph 2 does not apply to databases that are made available to the public at the request according to contractual parties arrangements, in such a way that everyone can have access to the place and at a time individually chosen by them.
§ 5. Technical measures of protection referred to in paragraph 1 shall not prevent the legitimate purchasers of databases to use these databases in accordance with their normal destination.
S.
XI.317. § 1. Any person who knowingly and without authorization, any of the following acts: 1 ° the deletion or modification of any information on the rights regime in electronic form, and 2 ° the distribution, importation for distribution, broadcasting, communication to the public or making available to the public databases, and the information on the scheme of rights in electronic form has been removed or altered without authority knowing or having reasonable grounds to believe that in doing so, it causes, allows, facilitates or conceals an infringement of producers of databases, is guilty of an offence.
§ 2. For the purposes of this article, "rights management information", means any information provided by the producers of databases that allows to identify the producer of the database or the database. This term also refers to the information on the terms and conditions of use of the database as well as any number or code representing this information.
1 paragraph applies when one any of these items of information is attached to the copy or appears in connection with the communication to the public of a database.
Chapter 7. -Infringement art. XI.318. any malicious or fraudulent right for producers of database constitutes a crime of counterfeiting.
It is similarly of the application malicious or fraudulent name of a producer of databases or any distinctive sign adopted by him to describe his performance;
such benefits shall be regarded as being counterfeit.
Those who, with malicious or fraudulent intent, recycle, make deposit to be reused or introduce on the Belgian territory, for commercial purposes, databases counterfeit are guilty of the same offence.
Where facts submitted to the Court are the subject of an action for injunction pursuant to article artikel XVII.14, XVII.15, XVII.18, XVII.19 in XVII.20, it can be held on the criminal action unless a res judicata a decision was made relatively to the action for an injunction.
Title 8. -Topography of semiconductor products Chapter 1. -The exclusive right in a topography of a semiconductor product Section 1st. -Of the object and the holder of the exclusive right art. XI.319. the creator of a topography of a semiconductor product is the exclusive, temporary right to reproduce it and exploit it commercially.
For the purposes of this title, the terms topography, semiconductor product and commercial exploitation must be understood in the sense contemplated by directive 87/54 of 16 December 1986 of the Council of the European communities concerning the legal protection of topographies of semiconductor products or in the direction of any changes decided by the Council of the Union European in application of article 1 § 2, of the directive.
S. XI.320. the topography of a semiconductor product is protected insofar as it is the result of intellectual effort of its creator and is not commonplace in the semiconductor industry. When the topography of a

semiconductor product consists of common elements in the semiconductor industry, it is protected only insofar as the combination of these elements, taken as a whole, satisfies the two conditions above.
S. XI.321. organized protection by this title applies only to the topography itself, excluding any concept, process, system, technique or encoded information embodied in the topography.
S. XI.322. § 1.
If a topography of a semiconductor product is created by an employee in the performance of his duties, the employer is considered to be a creator, unless otherwise agreed.
§ 2. If a topography of a semiconductor product is created on command, one who placed the order is considered as creator, unless otherwise agreed.
S. XI.323. the right to protection, organized by this title, is transmissible to the successors in title of the person who is the holder of that right under this title.
Section 2. -Conditions relating to the nationality, residence or establishment art.
XI.324. the right to privacy established by article XI.319 is granted to natural persons who are nationals of a Member State of the European Union or who have their habitual residence.
The right to the protection granted under article XI.322 is guaranteed to persons referred to in paragraph 1 and to companies or other legal persons which have an industrial or commercial establishment and effective in the territory of a Member State of the Union European.
S. XI.325. benefit also from the right to the protection organized by the present title, the persons referred to in articles XI.319 and XI.322 who are nationals of countries other than those referred to in article XI.324, paragraph 2, or who have their habitual residence or an industrial or commercial establishment and effective for as much as this has been provided by an international instrument or decided by the Council of the Union European.
S. XI.326. when there is no right to privacy in accordance with this section, the right to the protection also applies to the persons mentioned in article XI.324, paragraph 2, that: has) shall first commercially exploited in a Member State of the European Union of a topography which has been the subject of commercial exploitation anywhere elsewhere in the world previously (, and that b) received from the person entitled to dispose of the topography the exclusive authorisation to proceed with its commercial operations throughout the European Union.
Section 3. -The duration and expiry of the exclusive art.
XI.327. § 1. The exclusive right referred to in article XI.319 was born when the topography is fixed or encoded for the first time.
§ 2. The exclusive right is due to expire after a period of ten years from the end of the calendar year in which the topography was exploited commercially for the first time, anywhere in the world.

§ 3. When a topography did not subject to commercial exploitation anywhere in the world within a period of fifteen years from the date on which it is fixed or encoded for the first time, the exclusive right born under paragraph 1 is due to expire.
Chapter 2. -Limitations of the exclusive right in a topography of a semiconductor product s.
XI.328. the holder of the right to protection of a topography of a semiconductor product cannot claim the exclusive right of reproduction and commercial exploitation granted by the present title in respect of: a) copying done solely for the purposes of analysis, evaluation or teaching topography or of the concepts, processes, systems or techniques incorporated therein;
b) topography resulting from analysis and evaluation of another topography carried out in accordance with the provisions of point a), at least to the extent where the new topography is the result of intellectual effort of the creator and is not commonplace in the semiconductor industry.
S. XI.329. § 1. A person who acquires a semiconductor product without knowing or without having reason to believe that the topography of this product is protected by the exclusive right referred to in article XI.319 may be denied the commercial exploitation of this product.
§ 2. However, the holder of the exclusive right may require that the person referred to in paragraph 1 shall pay an amount equivalent to that which would normally have him return to the title of the commercial exploitation of the topography for acts committed after that she knows or has reason to believe that the topography of the semiconductor product is protected by an exclusive right.
S. XI.330. the exclusive right referred to in article XI.319 does not extend to the commercial exploitation of a topography or of a semiconductor product after it has been placed on the market in a Member State of the European Union by the holder exclusive right or with his consent.
S. XI.331. the action for infringement of the exclusive right in a topography of a semiconductor product shall lapse five years after the day where the offence was committed.
S. XI.332. § 1. The provisions of this title are without prejudice to other intellectual property legislation.
§ 2. The provisions of this title are without prejudice to the application of copyright to works that would be set in the semiconductor product.
Title 9.
-Civil aspects of the protection of intellectual property rights chapter 1.
-General art. XI.333. this title transposes directive 2004/48/EC of 29 April 2004 on the enforcement of intellectual property rights.
Chapter 2. -Cessation of the infringement and other measures article XI.334. § 1. When the judge finds an infringement of a patent of invention, a supplementary protection certificate, to a breeder's right to a copyright to a neighbouring right, the right to a producer of databases or the right in a topography of a semiconductor product, he ordered the cessation of any author of the infringement.
The judge may also make an order for termination against intermediaries whose services are used by a third party to infringe a right referred to in paragraph 1.

§ 2. Without prejudice to the possible damages caused to the injured party because of the prejudice and without compensation of any kind, the judge may order at the request of the party authorised to act on counterfeiting the recall of the commercial channels, away final of the channels of Commerce or destruction of the infringing goods as well as where appropriate materials and instruments principally used in the creation or manufacture of these goods.
These measures are implemented at the expense of the infringer, unless particular reasons oppose.
When assessing a request referred to in paragraph 1, account shall be taken of proportionality between the gravity of the infringement and the corrective measures ordered, as well as the interests of third parties.

§ 3. When proceedings, the judge finds a violation, it may order, at the request of the party authorized to act for infringement, the infringer to provide to the party who commenced this action all the information available to it concerning the origin and distribution of goods or infringing services and it systems communicate all data thereto So whether it's a measure justified and proportionate.
An injunction may be made to the person who was found in possession of the infringing goods across commercial, which has been found trying to use infringing services on a commercial scale or which was found providing on a commercial scale services used in infringing activities.

§ 4. The judge may require the display of its decision or the summary that he wrote, during the period as it may determine, both outside and inside the establishments of the offender and order the publication of his judgment or the summary through newspapers or in any other manner, all at the expense of the offender.
Chapter 3. -Repair of damage due to infringement art. XI.335. § 1. Without prejudice to paragraph 3, the injured party is entitled to compensation for any damage incurred due to the infringement of a right referred to in article XI.334, § 1, paragraph 1.
§ 2. When the extent of the damage cannot be determined in any other manner, the judge may reasonable and fairly secure a lump sum for damages.
The judge may, as damages, order issued to the plaintiff of infringing goods, and, in appropriate cases, materials and instruments principally used in the creation or manufacture of these goods, and which are still in the possession of the defendant. If the value of such goods, materials and instruments exceeds the extent of actual damages, the judge fixed the balance to be paid by the applicant.
In case of bad faith, the judge may, as damages, order the transfer of all or part of the profit realized as a result of the infringement, as well as accountability in this regard. Only expenses directly related to the activities of infringement concerned shall be deducted in determining income to yield.
§ 3. In case of bad faith, the Court may pronounce in favour of the applicant the confiscation of the infringing goods and, in the case

appropriate materials and instruments principally used in the creation or manufacture of these goods, and which are still in the possession of the defendant. If the goods, materials and instruments are no longer in the possession of the defendant, the judge may allocate an amount equal to the price received for the goods, materials and instruments transferred. The confiscation absorbs up to the value of the confiscation, damage and interests.
Chapter 4. Action on the application of technical measures of protection under copyright, neighbouring rights and the right of producers of databases [s. XI.336] title 10. -Legal aspects of the protection of intellectual property rights chapter 1. -Jurisdiction over patents for inventions and supplementary protection certificates [s. XI.337] art.
XI.338. § 1. Any feat of meaning of a decision for total or partial invalidity of a patent or a supplementary certificate of protection on the basis of article XI.57 is immediately communicated copy by the undersigned to the Agency bailiff.
§ 2.
The Agency may apply to the registry of the commercial court of Brussels if this decision may still be an objection, an appeal or an appeal in cassation.
If the Attorney general confirmed that an objection, an appeal or an appeal in cassation is no longer possible, the Office within the month following the receipt of this confirmation, the device of this decision in the record of the patent and mentions one extract in the registry.
[Art. XI.339] [XI.340] [XI.341] Chapter 4. -Jurisdiction topographies of semiconductor products art. XI.342. § 1. The commercial courts are familiar, even when the parties are not shopping, all requests for the purposes of Division 8, regardless of the amount of the claim.

§ 2. Is alone competent to entertain the application referred to in paragraph 1: 1 ° the Court established at the seat of the Court of appeal in the jurisdiction of which the offence was committed or, at the option of the applicant, the Court established at the seat of the Court of appeal in the jurisdiction where the defendant or one of the defendants has his domicile or residence;
2 ° the Court established at the seat of the Court of appeal in the jurisdiction of which the applicant to his domicile or residence, where the defendant, or one of the defendants, has no domicile or residence in the Kingdom.

§ 3. Is void any agreement contrary to the provisions of paragraphs 1 and 2 of this article, before or after the birth of the dispute.
The provision in paragraph 1 shall however not preclude that the disputes referred to in this section are subject to arbitration. By way of derogation from article 630, paragraph 2, of the Judicial Code, the parties shall determine the place of arbitration.
Chapter 5. -Provision common s. XI.343. the clerks of the courts and tribunals having delivered a judgment or a judgment under the present book communicate free of charge a copy of the judgment or judgment to the Agency, no later than one month after the date on which the judgment or the judgment was passed in force of res judicata or after the date on which appeal introduced opposition. There is mention that the decision has been passed into res judicata or under appeal or opposition.
The same obligation applies to arbitral tribunals. "."
S. 4. in book XV, title 1, Chapter 2, of the same Code, there shall be inserted a 4 section, containing the articles XV.21 to XV.25/4, as follows: "Section 4. -Special skills for the purposes of the XI subsection 1st book.
-Fight against counterfeiting and piracy article XV.21. by way of derogation from section 1, the agents referred to in article XV.2 and XV.25/1, have research skills and recognition of offences in book XI, as the offences referred to in title 3, Chapter 2, section 8, subsection 1.
S. XV.22. the officers referred to article XV.2 and XV.25/1 may exercise the powers provided for in article XV.3, 1 °-paragraph 1, where it is reasonably to assume that goods infringing an intellectual property right are found in these places.
The agents referred to in paragraph 1 may exercise the powers provided for in article XV.3, 4 °, where it is reasonably to assume that these packages, boxes, barrels, and other types of packaging contain goods infringing an intellectual property right.
The agents referred to in paragraph 1 may exercise the powers provided for in article XV.3, 5 °, under investigated for violation of the provisions of title 3, Chapter 2, section 8, subsection 1, and when there are serious indications of an infringement of intellectual property article
XV.23. by way of derogation from article XV.5, § 1, paragraph 1, referred to in article XV.2 and XV.25/1 may in the exercise of their mission concerning the offences referred to in title 3, Chapter 2, section 8, subsection 1, proceed to the risk of the owner, holder or consignee of goods suspected of infringing an intellectual property right, to the seizure of the goods and means of transport instruments, utensils and other items that have been used to commit the offence.
S. XV.24. article XV.5, § 4, does not apply to the goods suspected of infringing an intellectual property right.
S. XV.25. when it is reasonably assumed that goods infringing an intellectual property right are found in this vehicle, the agents referred to in articles XV.2 and XV.25/1 may impose on carriers to stop their vehicles and to lend assistance to the realization of the nature and quantity of the goods transported.
If you are unable to conduct on-site the aforementioned audit, transport must be driven, if the applicant agent gives the order, to a place where the verification will take place, all at the expense of the carrier if an offence is relieved his dependants.
S. XV.25/1. In addition to the agents referred to in article XV.2, the Administration of the Customs and Excise officers and officials commissioned for this purpose by the Minister who in his or her attributions and the Minister of finance, economy are relevant for search and found the offences listed in title 3, Chapter 2, section 8, subsection 1.
The agents referred to in paragraph 1 have the same skills that the agents mentioned in article XV.2.
S. XV.25/2. The Minister who has the economy in charge approve the experts referred to in article XV.33, paragraph 1, which will be designated for piracy and infringement of intellectual property rights, in accordance with the terms and conditions laid down by the King.
S. XV.25/3. Officers designated for this purpose under article XV.62 may order the destruction of goods which it has abandoned treasure if no claim has been lodged by a straight suitor on the goods within a period of one month from the date of abandonment. For the purposes of this paragraph, a period of fifteen days is applicable for the destruction of perishable goods or having limited durability.
The owner or the holder of the goods abandoned to the Treasury, or the holder of the intellectual property right whose violation is alleged, can be invited by these agents to destroy themselves goods.
Costs of conservation and destruction of the goods abandoned treasure are borne by the person who is the owner at the time of abandonment.
If it is unknown or insolvent, the holder of the goods, the consignee of the goods and the owner of the right are jointly and severally liable to bear the costs. The King may determine the terms of the procedure for recovery of the cost.
The appropriate officer may, by way of derogation from paragraph 1, to the extent where this decision is without prejudice to the holder of the right, decide to give another destination for the goods. In this case, it transmits goods to the Administration of the cadastre, registration and domains and it loads this administration of the disposition of these goods. The King may determine the conditions of application of this procedure for disposition. This procedure can not result in costs to the Treasury.
When the destruction or disposition takes place, is previously a description as accurate as possible of objects to destroy or dispose of, and a sample of these is taken.
Sub-section 2. -Collective management of copyright and neighbouring rights and transparency of the law of copyright and neighboring rights art.
XV.25/4. § 1. By way of derogation from section 1, the control Service officers, commissioned by the Minister, as well as the regulation Service officers may, in the exercise of their duties referred to in articles XI.275 and XI. 279: 1 ° be produce, on first demand and without moving, documents, parts or necessary for their research and findings books and take copies;
2 ° with a prior notice of at least five working days, or without prior warning, if they have a reason to believe in the existence of an offence referred to in article XV.112, during normal hours of opening or working, enter the offices, premises, workshops, buildings, adjacent courses where access is necessary for the fulfilment

their mission and make all the findings useful and if necessary enter against a receipt, the documents referred to in 1 ° that are necessary to make the proof of an infringement referred to in article XI.279, or to search the authors, sponsors and accomplices of such an infringement;
3 ° without prior warning, if they have a reason to believe in the existence of an offence referred to in article XV.112, visit buildings inhabited with the consent of the president of the Court of first instance, provided that the inhabited buildings comprise premises affected in whole or in part to the pursuit of the activity referred to in article XI.246; the visits to living quarters between eight and eighteen hours and are made jointly by two agents at least.
To verify if a person exercises without the authorization provided for in article XI.259 an activity of management referred to in article XI.246, the control Service officers, designated by the Minister, have under the same conditions of the powers which they are entitled by this paragraph.
§ 2. In the exercise of their function, the agents referred to in paragraph 1 may require the assistance of the police.
§ 3. Without prejudice of their subordination with respect to their superiors in the administration, the control Service agents referred to in paragraph 1 exercise the powers conferred on them under paragraphs 1 and 2 under the supervision of the Attorney general and federal prosecutor with regard to the tasks of research and recognition of offences referred to in article XV.112.
§ 4. In case of application of article XV.31/1, minutes finding an infringement referred to in article XV.112 is transmitted to the Prosecutor of the King where he has not been given following the warning. In case of application of article XV.62/1, minutes is passed on to the Prosecutor only when the offender has not accepted the proposal for a transaction. "."
S. 5. in article XV.30, paragraph 2, of the Code, the words "in article XV.61" shall be replaced by the words "in articles XV.61, XV.62 and XV.62/1".
S. 6. in book XV, title 1, Chapter 2, section 8, of the same Code, inserted an article XV.30/1 as follows: "article XV.30/1. § 1. The Prosecutor of the King ordered the destruction of the goods seized in application of article XV.23 where the interests of public safety so requires or if the preservation or storage of these goods is likely to constitute a danger to public order or is problematic due to their nature, their quantity, or the storage conditions are applied to, if no claim was made by a straight suitor on the goods within a period of one month from the date of the seizure. For the purposes of this paragraph, a period of fifteen days is applicable for the destruction of perishable goods or having limited durability.
The owner or the holder of the seized goods, or the holder of the intellectual property right whose violation is alleged may, at the request of the Prosecutor, be invited to destroy themselves goods.
From the moment where officers designated in accordance with article XV.62 forward the dossier for prosecution to the prosecution, the Prosecutor ordered the destruction of goods which has been abandoned at Treasury, if no claim was made by a contender right on these goods within a period of one month from the date of abandonment. For the purposes of this paragraph, a period of fifteen days is applicable for the destruction of perishable goods or having limited durability.
The cost of the destruction of the goods ordered in application of paragraphs 1 to 3 shall be borne by the owner of the goods. If it is unknown or insolvent, the holder of the goods, the consignee of the goods and the holder of the right shall jointly and severally bear the costs. The King may, by Decree deliberated in the Council of Ministers, determine the details of the procedure for recovery of the cost.
The Prosecutor of the King may, by way of derogation from paragraph 1, to the extent where this decision is without prejudice to the holder of the right, decide to give another destination the goods and order the procedure for disposal referred to in article 28octies § 1, 1 °, of the Code of criminal procedure. The King may determine the conditions of application of this procedure for disposition by Decree deliberated in the Council of Ministers. This procedure can not result in costs to the Treasury.
In all cases the destruction or disposal must take place, it was made before a description as specific as possible to destroy or dispose of objects, and a sample of these is taken.
§ 2. Storage of seized goods costs are borne by the owner of the goods. If it is unknown or insolvent, the holder of the goods, the consignee of the goods and the holder of the right shall jointly and severally bear the costs. The King may determine the terms of the procedure for recovery of the cost.
The owner or holder of the goods seized, the owner of the right of intellectual property whose violation is alleged or any claiming right which manifests in application of paragraph 1, paragraph 1, may, at the request of the Prosecutor, be added legal guardians of these goods.

§ 3. During the investigation and for the purposes of paragraphs 1 and 2, the investigating judge has the same powers as the King's attorney. "."
S. 7. in the title of the book XV, title 1, Chapter 3, of the Code, the words "the procedure" are replaced by the words "procedures".
S. 8. in book XV, title 1, Chapter 3, of the same Code, there shall be inserted a 1st section, with article XV.31, titled "Section 1st. General provisions".
S. 9 article XV.31 of the Code, the following changes are made: 1 ° in paragraph 1, fourth paragraph, 2 °, is supplemented by the words "and, in what concerns violations of title 3, Chapter 2, section 8, sub-section 1, possible to achieve modalities ';
2 ° to paragraph 2, the words "article XV.61" shall be replaced by the words "in articles XV.61 and XV.62".
S.
10. in book XV, title 1, Chapter 3, of the same Code, there shall be inserted a 2 section, containing the articles XV.31/1 and XV.31/2, as follows: "Section 2. -Transparency of the copyright and neighboring rights art. XV.31/1. § 1. When after having heard them, it is found that rights management society fails to comply with the provisions of book XI, title 5 of its orders for the application, its statutes or its pricing rules, perception, or distribution or exercised by a person without the permission required in application of article XI.259, an activity of management within the meaning of article XI.246 the control Service may, by way of derogation from section 1, address to the management company or the person engaged in an activity of unauthorized management warnings by home remedy to the breach found.
§ 2. The warning shall be communicated to the management company or the person exercising a management activity unauthorized by a sending recommended with acknowledgement of receipt or the furnishing of a copy of the minutes of finding facts.
The warning mentions: 1 ° the facts charged and the provisions violated;
2 ° the period within which it must be remedied to the breach found;
3 ° If the found breach has not been remedied: has) the Minister or, as the case officer specially designated for this purpose, may bring one of the judicial actions under XVII.21 article and/or administrative sanctions referred to in articles XV.66/1, XV.66/2 and XV.66/3;
(b) offences referred to in article XV.112, without prejudice to the measures referred to the a) officers designated by the Minister, may notify the Attorney of the King, or to apply the regulation by way of a transaction referred to in article XV.62/1.
S. XV.31/2.
§ 1. When after having heard the persons concerned, it is found that rules perception, pricing or distribution of management companies rights referred to in the book XI, title 5, Chapter 9, are not equitable, or discriminate, dispatch can give the persons concerned a warning putting them formal notice to remedy the breach found.
§ 2. The warning is notified to the persons concerned by a sending recommended with acknowledgement of receipt or by leaving a copy of the minutes of finding of facts.
The warning mentions: 1 ° the facts charged and the provisions violated;
2 ° the period within which it must be remedied to the breach found;
3 ° if it is not remedied the breach found, dispatch can dispatch may apply to the Court of appeal of Brussels under article XI. 340. "."
S. 11. in book XV, title 1, Chapter 4, of the same Code, there shall be inserted a section 3, containing the articles XV.58 to XV.60, as follows: "Section 3. -Fight against counterfeiting and piracy article XV.58. without prejudice to section 1, the King establishes the provisions and ways and means to ensure coordination and monitoring of the actions of fight against counterfeiting and piracy of intellectual property rights.
S. XV.59. § 1. The authorities and competent public services communicate, initiative or on request, appropriate information

on the implementation of title 3, Chapter 2, section 8, subsection 1, and activities that can lead to initiatives to implement this.
The assistance provided includes in particular the communication: 1 ° the information that is useful to combat, through preventive and repressive, operations and practices contrary to title 3, Chapter 2, section 8, under section 1st;
2 ° information concerning the new methods employed in the realization of operations in breach under Title 3, Chapter 2, section 8, subsection 1, or pertaining to activities and illegal activities schemes;
3 ° information concerning the observations carried out by the authorities and competent public services and the results obtained as a result of the successful application of new means and techniques to fight against counterfeiting and piracy of intellectual property rights.
§ 2. The King establishes the nature of the information and information referred to in this section and the terms of their exchange between the authorities and competent public service.
S. XV.60. any judgment or judgment by the courts and tribunals under Title 3, Chapter 2, section 8, subsection 1, is release for free, by ordinary letter, to the intellectual property Office within one month of delivery of the decision, and to the diligence of the clerk of the competent court.
The Registrar shall also notify without delay the Agency of intellectual property of any appeal against such decision. "."
S. 12. in book XV, title 2, Chapter 1, of the same Code, there shall be inserted a 1st section, with article XV.61, titled "Section 1st. General provisions".
S. 13. in book XV, title 2, Chapter 1, of the same Code, there shall be inserted a 2 section, with Articles XV.62 and XV.62/1, as follows: "Section 2. -Provisions relating to the XI subsection 1st book. -Fight against counterfeiting and piracy article XV.62. § 1.
By way of derogation from article XV.61, the officers designated for this purpose, respectively by the Minister that a economy in charge or by the Minister of finance may, in the light of the minutes noting an offence under the provisions of title 3, Chapter 2, section 8, subsection 1, and prepared by the agents referred to in articles XV.2 and XV.25/1, propose to the offender the payment of a sum which extinguished public action provided that it has been abandonment of goods to the public Treasury and that the injured party has waived a complaint. The transaction proposal shall be notified to the offender by sending recommended with acknowledgement of receipt.
The amount provided for in paragraph 1 may not exceed the maximum fine under Title 3, Chapter 2, section 8, sub-section 1, plus additional decimated.
When the offence has resulted in charges of conservation and destruction, the sum is increased by the amount of such fees. The portion of the amount paid for these costs is attributed to the agency or the person who exposed.
The injured party is notified within fifteen days from the recommended sending date referred to in paragraph 1, of the existence of the transaction proposal.
Payment within the time specified in the transaction proposal turned off public action unless before a complaint was sent to the Prosecutor, the investigating judge was required to instruct or before the tribunal of fact. In these cases, the amounts paid are returned to the offender.

§ 2. Tariffs as well as the terms of the transaction, its payment, the perception of its amount as well as the details of the procedure of abandonment and destruction of goods are set by the King.
§ 3. In case of application of this article, the minutes is transmitted to the Prosecutor of the King only when the offender has not accepted the proposal for a transaction.
Sub-section 2. -Collective management of copyright and neighboring rights art. XV. 62/1. Officer specially designated for this purpose by the Minister may, in the light of the minutes finding a breach of the provisions referred to in article XV.112, §§ 1 and 2, offer offenders the payment of a sum which extinguished public action.
Tariffs as well as the terms of payment and collection are set by the King.
The amount provided for in paragraph 1 cannot be greater than the fine provided for in article XV.112 plus additional decimated.
Payments are made within the time limit indicated off public action unless before a complaint was sent to the Prosecutor, the investigating judge was required to instruct or before the tribunal of fact. In this case, the amounts are returned to the offender. "."
S. 14. in book XV, title 2, Chapter 2, of the same Code, there shall be inserted a section 3, containing the articles XV.66/1-XV.66/4, as follows: "Section 3. -Administrative sanctions for copyright and neighboring rights art. XV.66/1. § 1. The Minister may withdraw totally or partially the authorization referred to in article XI.259 if the conditions set for its granting is not followed, as well as where the company commits or has committed serious or repeated the provisions of book XI, title 5, its orders execution or to the provisions of its statutes or regulations.
When the withdrawal of authorization is envisaged, the Minister first notifies its grievances to the management company concerned by sending recommended with acknowledgement of receipt. He wears to the knowledge of the management company that from the date of this notification, it has a period of two months to see the folder that was set up, be heard by the Minister or the person designated for that purpose and to present its case.
The Minister shall determine the date on which the withdrawal comes into force. Any withdrawal is published in the Moniteur belge in thirty days of the decision to withdraw. Between the date of notification of the decision to withdraw to the management company and the date of entry into force of the withdrawal, without prejudice to paragraph 4, the management company takes prudent and diligent measures to stop management activities for which the authorisation is withdrawn.
She warns including immediately, according to the procedures laid down by the Minister, holders of rights who have entrusted the management of their rights, the decision to withdraw and the date of entry into force of this.
The date of entry into force of the withdrawal of authorisation, it is resolution of the contracts by which rightsholders entrust the management of their rights to the management company. In the case of partial withdrawal, contracts are terminated insofar as they relate to the activity for which the authorisation was withdrawn.
§ 2. From the date of the publication in the Moniteur belge of the decision of withdrawal of authorization, shall be paid to the caisse des Dépôts et consignations, into an account opened at the initiative of the Special Commissioners referred to in paragraph 4, indicating the name of the company whose authorisation is withdrawn in topic: 1 ° duties still owing for periods prior to the date of entry into force of the decision to withdraw;
2 ° the rights subject to mandatory collective management which are still due for periods subsequent to its entry into force, if at the date of the entry into force of the decision of withdrawal of authorization, there is not another company's management authorized to manage these rights for the same category of rights holders.
The management of the account referred to in the preceding paragraph, lies exclusively with the Special Commissioners referred to in paragraph 4.
§ 3. The acts and decisions of the company whose authorization has been withdrawn, notwithstanding the decision to withdraw, are void.
§ 4. As soon as the decision to withdraw full or partial permission to a management company, the Minister may designate one or more special Commissioners for the period he determines with the legal, financial expertise and accounting required, replacing the competent bodies for the purposes and within the limits of the implementation of the cessation of management activities for which the authorisation is withdrawn. For the purposes of carrying out their mission the Special Commissioners may be assisted by any expert.
The Special Commissioners referred to in paragraph 1 have mission to perform the distribution of rights referred to in paragraph 2, in accordance with the rules of distribution of the management company or, if they prove non-compliant Act or the articles of association management, pursuant to allocation rules which they lay down. Prior to their attachment, draft distribution rules are communicated for opinion to the control Service. It shall deliver its opinion within a period of 15 days from receipt of the projects. For the purposes and within the limits of the implementation of the cessation of activities of management for which permission is withdrawn, the Commissioners referred to in paragraph 1, are allowed to extend the contracts of perception and rights management.
The emoluments of the Special Commissioners shall be fixed by the Minister according to a scale set by the King and are due by the company whose authorisation has been withdrawn. They are advanced by the organic Fund established pursuant to section XI.287 and are recovered by the FPS economy borne by the company whose authorisation has been withdrawn.
The Special Commissioners challenge at least once per quarter a written report of their activities to the Minister.

The mission of the Special Commissioners ends on the Minister's decision.
S.
XV.66/2. § 1. Without prejudice to other measures provided for by the law, if at the end of the period fixed pursuant to article XV.31/1, it has not remedied the breach found, the Minister or an officer specially designated for that purpose may, the collective society or the person engaged in an activity of management unauthorized unable to present its case, in accordance with paragraph 2
: 1 ° publish that notwithstanding the time limit pursuant to article XV.31/1, the collective society or the person engaged in an activity of unauthorized management has not complied with the book XI, title 5, in its orders of application, its statutes or its rules of perception, pricing or distribution;
2 ° suspend or prohibit, in whole or in part, for the duration that it determines the direct or indirect exercise of management referred to in article XI.246 carried out without permission.
3 ° impose an administrative fine of between 100 and 110,000 euros to the company's management, except in the case of infringement of the provisions referred to in article XV.112.
§ 2. When one of the measures referred to in paragraph 1, is envisaged, the Minister or the officer specially designated for this purpose shall notify beforehand its grievances to the management company concerned or to the person exercising a management activity unauthorized by sending recommended with acknowledgement of receipt.
In this dispatch, he wears to the knowledge of the management company or of the person exercising a management unauthorized activity: 1 ° the facts on which the procedure is commenced;
2 ° the fact that the offender has the ability to expose its means of defence in writing, by registered post, within a period of two months from the day of notification of the dispatch recommended the Minister or officer specially designated for this purpose, and on this occasion has the right to ask the Minister or officer specially designated for this purpose to present orally its defence;
3 ° the fact that the offender has the right to be assisted by counsel;
4 ° the fact that the offender has the right to consult his file;
5 ° a copy of the warning referred to in article XV.31/1.
§ 3. The person engaged in an activity of unauthorized management who commits acts or decisions in violation of the suspension or banning is responsible for the harm that results to third parties.
Where the person referred to in the preceding paragraph is a corporation, the members of the bodies of administration and management and management personnel who carry out acts or making decisions in violation of the suspension or of the prohibition are responsible for jointly and severally damage which resulted in the third.
The decision of suspension or prohibition is published in the Moniteur belge. The acts and decisions in violation thereof are void.
§ 4. The decisions of the Minister referred to in paragraph 1, 1 ° and 2 °, leave their effects with respect to the management company or of the person concerned from the date of their notification to the company or the person concerned by registered with acknowledgement of receipt delivery and towards third parties, from the date of their publication in the Moniteur belge in accordance with the provisions of paragraph 1.
§ 5. At the expiry of the period laid down in paragraph 2, subparagraph 2, 2 °, or, if applicable, after written or oral defence by the offender or his counsel, the official specially designated for that purpose may impose an administrative fine on the offender on the basis of paragraph 1.
The decision to impose an administrative penalty a binding to the expiry of the period of one month from the day of notification, referred to in paragraph 6.
§ 6. The decision is notified by sending recommended to the offender.

§ 7. The official, referred to in paragraph 5, may impose administrative fine at the expiry of a period of five years from the day where the fact is committed, any appeal procedures not included.
S. XV.66/3. § 1. Without prejudice to other measures provided for by the law, if at the end of the deadline established by the King the information requested pursuant to article XI.285 by the FPS economy, or the third party refers, are not supplied by a natural person or a corporation governed by public law or private law, the Minister or an officer specially designated for that purpose may him impose an administrative fine amounting to between 100 and 110,000 euros.

§ 2. When the administrative penalty referred to in paragraph 1, is envisaged, the Minister or the officer specially designated for this purpose shall notify beforehand its grievance to the person concerned, by sending recommended with acknowledgement of receipt.
In this dispatch, he wears to the knowledge of the person concerned the fact that it has the ability to expose its means of defence in writing, by registered post, within a period of two months from the day of notification of the dispatch recommended the Minister or officer specially designated for this purpose, and that it has on this occasion of the right to apply to the Minister or the officer specially designated for this purpose to present orally its defense.

§ 3. Appeals against the administrative penalty referred to in this article as well as the preparatory administrative acts thereof are worn exclusively to the Court of appeal of Brussels.
The decision to impose an administrative penalty a binding to the expiry of the period of one month from the day of notification, referred to in paragraph 2.
The appeal is suspensive.
§
4. The decision is notified by sending recommended to the offender.
§ 5. The administrative fine may be imposed on the expiry of a period of one year from the day where the requested information should be disclosed to the FPS economy or the third party which it designates, possible appeal procedures not included.
S. XV.66/4. Without prejudice to the right to quote before the competent judge, the recovery of the penalties referred to in articles XV.66/2 XV.66/3 can take place by way of a constraint to the diligence of the administration of VAT, registration and domains. "."
S.
15. in book XV, title 3, Chapter 2, of the same Code, there shall be inserted a section 8, with sections XV.103 to XV.113, as follows: "Section 8. -The penalties relating to infringements of the XI subsection 1st book. -Fight against counterfeiting and piracy article
XV.103. § 1. Shall be punished by a penalty of level 6, who, to the life of affairs, interferes with malicious or fraudulent intent on the rights of the holder of a brand of product or service, a patent of invention, a certificate of supplementary protection of a breeder's right, a drawing or a template, such that these rights are established by: 1) trademark (: a) article 2.20 paragraph 1, a., b. and c., the Benelux Convention on intellectual property on February 25, 2005 approved by the law of 22 March 2006;
(b) article 9 of Regulation (EC) No 207/2009 of the Council of 26 February 2009 on the Community trade mark).
(2) relating to patents and supplementary protection certificates: a) section XI.29;
(b) article 5 of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal).
c) article 5 of Regulation (EC) No 1610/96 of 23 July 1996 of the Parliament and of the Council concerning the creation of a supplementary protection certificate for plant protection products;
(3) in the breeder's right: a) articles XI.113;
b) article 13 of the Regulation (EC) No 2100/94 of 27 July 1994 of the Council of the European Communities establishing a system of Community protection of plant varieties;
(4) designs: a) section 3.16 of the Benelux Convention on intellectual property on February 25, 2005 approved by the law of 22 March 2006;
b) article 19 of Regulation (EC) No 6/2002 of 12 December 2001 of the Council of the European communities on Community designs.
For the purposes of the preceding paragraphs, there are be considered infringed in the life of the business from the moment where the infringement is brought in a commercial activity whose purpose is to seek economic advantage.
§ 2. Paragraph 1 of the present article applies including not to the following acts: 1) trademark: has) the acts referred to in article 2.23 the Benelux Convention on intellectual property on February 25, 2005 approved by the law of 22 March 2006;
(b) the acts referred to in articles 12 and 13 of Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark Council).
(2) relating to patents and supplementary protection certificates: a) the acts referred to in articles XI.32, XI.33, XI.34, § 1, and XI.36;
(b) acts only in order to achieve necessary tests in accordance with article 6bis, section 1, last paragraph, of the law of 25 March 1964 on medicines, tests and studies;
(3) in the breeder's right: a) the acts referred to in articles XI.114, XI.115, XI.116 and XI.117.
(b) the acts referred to in articles 14, 15 and 16 of Regulation (EC) No 2100/94 of 27 July 1994 of the Council of the European Communities establishing a system of Community protection of plant varieties;
(4) designs: a) the acts referred to in articles 3.19 and 3.20 of the Benelux Convention on intellectual property on February 25, 2005 approved by the law of 22 March 2006;
b) the acts referred to in articles 20 to 23 of Regulation (EC) No 6/2002 of 12 December 2001 of the Council of the European communities

on Community designs.
S. XV.104. the offences provided for in articles XI.291, § 1, XI.292 and XI.293 shall be punished by a penalty of level 6.
S.
XV.105. the offences referred to in article XI.304 shall be punished for a penalty of level 6.
S. XV.106. the offences referred to in articles XI.316, § 1, XI.317 and XI.318 shall be punished for a penalty of level 6.
S. XV.107. is punished with a penalty of level 1 that with malicious or fraudulent intent, avail itself unduly in the business life of the holder or applicant for a brand of product or service quality, a patent of invention, a supplementary certificate of protection, a breeder, a drawing or a model law.
S. XV.108. is punished with a penalty of level 5, who, with malicious or fraudulent intent, approach in all places of persons or legal entities to propose:-either to the registration of the rights referred to in article XV.103, § 1, in registers or unofficial publications, making them believe that the registration is necessary so that these rights have effect;
-either to take a title any supposed to protect inventions or creations but which enjoys no recognition or security official, national or international, by abusing trust, ignorance or gullibility of these people.
S. XV.109. are punished by a sanction of the level 4 those who intentionally prevent or hinder the execution of the mission entrusted by this Code to the agents referred to in articles XI.43, § 2, and XI.128, § 2.
Any false statements is punishable by the same penalties.
Are considered such as preventing or impeding the exercise of the mission voluntarily those which: 1) refuse to provide information or to communicate the documents requested;
(2) knowingly provide information or inaccurate documentation.
S.
XV.110. are punished by a sanction of the 3: 1 ° level users who intentionally commit a breach of article XI.272, § 2;
2 ° sector of the art market players that intentionally prevent or hinder the exercise of the right to information referred to in article XI.178, § 4.
Any false statements is punishable by the same penalties.
Are considered such as preventing or impeding the exercise of the mission voluntarily those which: 1) refuse to provide information or to communicate the documents requested;
(2) knowingly provide information or inaccurate documentation.
S. XV.111. § 1. Where the brand, patent, supplementary protection certificate, the breeder's right, the drawing or model, of which the violation is alleged, has been declared void, has been forfeited or cancelled by a court decision cast in force of res judicata or as a result of an administrative decision or the will or the negligence of its owner no penalty can be imposed for acts done subsequent to the date of effect of nullity, forfeiture or the extinction of the right.

§ 2. By way of derogation from article 15 of the Code of criminal procedure, if the accused raises an exception based on disability, invalidity or forfeiture of the right to intellectual property infringement is alleged and jurisdiction with respect to its consideration of this item is exclusively reserved by the Act or by a regulation of the European Union to another authority the tribunal stayed proceedings and shall specify a time limit to bring appropriate action before the competent body.
Prescription of public action is suspended until the action in nullity, the action for revocation referred to in paragraph 1, or the action for an injunction referred to in articles XVII.2 et seq. of the present Code, has been the subject of a res judicata a decision. If the competent authority declares the exception or the decision on the objection is attached at the bottom, the limitation period is not suspended.
Sub-section 2. -Collective management of copyright and neighboring rights art.
XV.112. § 1. Shall be punished by a penalty of level 4, those who commit an offence under the provisions laid down by or pursuant to sections: 1 ° XI.247, § 1;
2 ° XI.248, § 3;
3 ° XI.249, § 1 and § 2;
4 ° XI.250;
5 ° XI.256, § 1;
6 ° XI.257;
7 ° XI.259, § 1.

§ 2. Are punished by a sanction of the level 4 those who intentionally prevent or hinder the execution of the mission of the persons mentioned in article XV.25/4 for search and found the offences or breaches of the provisions of paragraph 1.
§
3. Are punished by a sanction of the level 3 those who as Commissioner or independent expert, certified, approved or confirmed accounts, annual accounts, balance sheets and accounts or the consolidated accounts, interim statements, operations or information when the provisions of book XI, title 5, Chapter 9 or previous orders issued for execution have not been met in the knowledge that they had not been.
§ 4. Shall be punished for a penalty at level 3, those who do not pay the contributions due to the organic Fund for the control of management companies of rights, those who do not pay in full, or who do not pay them on time.

§ 5. When facts submitted to the Court are the subject of an action for injunction, it cannot be ruled on the criminal action unless a cast in res judicata decision relatively to the action for an injunction.
S. XV. 113. Are punished by a sanction of the level 4 those who violate professional secrecy provided for in article XI.281. "."
S. 16. in article XV.130 of the Code, the words "in articles XV.103, XV.112, XV.107 to XV.109, and ' shall be inserted between the words"in the event of conviction for an offence"and the words" the books VIII and IX".
S. 17. in book XV, title 2, Chapter 3, section 2, of the same Code, it is inserted an article XV.130/1 as follows: "article
XV.130/1. § 1. In the event of conviction for a violation provided for in article XV.103, § 1, the Court may order, at the request of the civil party and provided that this measure is proportionate to the gravity of the infringement, that the instruments mainly used to commit the offence that had been confiscated and that samples of the goods infringing intellectual property rights are given to the holder of the right.
§
2. The Court may also order, in the event of conviction for a violation provided for in article XV.103, § 1, and having regard to the gravity of the infringement, the destruction of the goods infringing an intellectual property right and which have been the object of a special confiscation, at the expense of the convicted person, even if those goods are not the property of the convicted person.
S. 18. in book XV, title 2, Chapter 3, section 2, of the same Code, inserted a section XV.130/2 as follows: "article XV.130/2. For the offences referred to in article XV.104 and XV.106, revenue and the confiscated objects may be allocated to the civil party to account or to the extent of the injury suffered. "."
S. 19. in book XV, title 2, Chapter 3, section 2, of the same Code, it is inserted an article XV.130/3 as follows: "article XV.130/3. In condemning the offence section chief XV.105, the judge may order the confiscation of the materials forming the object of the offence. "."
S.
20. in book XV, title 2, Chapter 3, section 2, of the same Code, it is inserted an article XV.130/4 as follows: "article XV.130/4. By way of derogation from article 43 of the Criminal Code, the tribunal appreciates, when he pronounces a conviction for one of the offences covered by article XV.112, if it is appropriate to order the special confiscation. This provision is not applicable in the event of repeated infringements referred to in article XV.72. "."
S. 21. in article XV.131 of book XV, title 2, Chapter 3, section 3, of the Code, the words "in title III, chapter II, Section 8, of this book" shall be inserted between the words "in the event of conviction for an offence" and the words "the books VIII and IX".
S. 22. in book XI, Chapter 2, Chapter 3, of the same Code, there shall be inserted a section 4 contains the item XV.131/1, as follows: "Section 4. -Definitive closure or temporary art. XV.131/1. In the event of conviction for a violation under Title 3, Chapter 2, section 8, the courts and tribunals may order, either definitively or temporarily, the total or partial closure of the establishment operated by the convicted and the ban on permanent or temporary exercise of commercial activities by the convicted person. "."
S. 23. in book XI, Chapter 2, Chapter 3, of the same Code, there shall be inserted a section 5, contains the item XV.131/2, as follows: "Section 5. -Seizure of income art. XV.131/2. In case of execution or representation made in fraud of the right copyright or neighbouring right, revenue may be be entered as objects from the crime.
They will be allocated to the claimant in proportion to the share of his work or his performance will be had in the performance, and will be taken into account in the evaluation of repair. "."
S.
24. in book XVII, title 1, of the same Code, there shall be inserted a chapter 4, as follows: "Chapter 4. -Book XI Section 1 provisions.
-Action for an injunction in the case of infringement of an intellectual property right [Art. XVII.14] art.
XVII. 15. § 1. Any action for termination of a violation of a right of intellectual property with the exception of the right to patents, including the law relating to supplementary protection certificates, copyright, neighbouring right or the right of database producers, referred

in article XVII.14, § 1, who has also designed the cessation of an act referred to in article XVII.1 or article 18 of the law of 2 August 2002 on misleading advertising and comparative advertising, unfair terms and distance contracts in relation to the liberal professions, is brought exclusively before the president of the Court with jurisdiction under article XVII.14 , § 1.
§ 2. Any action for termination of an infringement of patents including the law relating to supplementary protection certificates, referred to in article XVII.14, § 2, which was also aimed at the cessation of an act referred to in article XVII.1 or article 18 of the law of 2 August 2002 on misleading advertising and comparative advertising, unfair terms and distance contracts in relation to the liberal professions , is exclusively brought before the president of the competent court under article XVII.14, § 2.
§ 3. Any action for termination of an infringement of copyright, neighbouring rights or the right for producers of database, referred to in article XVII.14, § 3, which is also designed the cessation of an act referred to in article XVII.1 or article 18 of the law of 2 August 2002 on misleading advertising and comparative advertising, unfair terms and distance contracts in relation to the liberal professions , is exclusively brought before the president of the competent court under article XVII.14, § 3.
§ 4. Any action relating to the application of technical measures of protection under copyright, neighbouring rights and the right of database producers, referred to in article XI. 336, § 1st, which is also to the cessation of an act referred to in article XVII.1 or article 18 of the law of 2 August 2002 on misleading advertising and comparative advertising, unfair contract terms and to distance contracts in relation to the liberal professions is brought exclusively before the president of the Court of competent jurisdiction under section XI.336 , § 1.
S.
XVII.16. when ordering the cessation, the President may order the measures provided for in article XI.334, §§ 2 to 4, or by the Benelux Convention on intellectual property, according to the law concerned, for as much as they are likely to contribute to the cessation of the infringement recorded or its effects, and excluding the measures of compensation for the damage caused by the infringement.
S.
XVII.17. when the existence of an intellectual property right, protected in Belgium by means of a deposit or a record, is relied on in support of an application based on article XVII.14, §§ 1 and 2, or the defence opposed this request, and that the president of the Court finds that this right, this deposit or registration is null or hit lapse, he States this nullity or this forfeiture and ordered the cancellation of the deposit or registration in the relevant registers in accordance with the provisions relating to the intellectual property right concerned.
By way of derogation from article XVII.18, paragraph 3, the enforceability of the decision of invalidity or forfeiture referred to in paragraph 1, is set in accordance with the provisions relating to the intellectual property right concerned.
S. XVII.18. the action is formed and educated according to the forms of the referee.
It is held on the action notwithstanding any prosecution on grounds of the same facts before a criminal court.
The judgment is provisionally enforceable, notwithstanding any appeal and without security, unless the judge ordered it would be supplied one.
S. XVII.19. § 1. The action based on section XVII.14, §§ 1 and 2, is formed at the request of the persons entitled to act for infringement under the provisions relating to the intellectual property right concerned.
§ 2. In the event of infringement of copyright or neighboring right, the action based on article XVII.14, § 3, formed at the request of any interested person, a licensed management company or a professional or interprofessional grouping with civil personality.
In the event of infringement of the right of the producer of databases, action based on article XVII.14, § 3, formed at the request of the persons entitled to act for infringement under the provisions relating to the right of the producer of the database.
S.
XVII.20. § 1. Any decision on an action based on article XVII.14 is, in the eight, and the diligence of the clerk of the competent court, communicated to the Minister unless the decision was made at his request.
In addition, the Registrar is required to inform without delay the Minister of the appeal against any decision in application of article XVII.14.

§ 2. The president may authorize the display of its decision or the summary that he wrote, during the period as it may determine, both outside and inside the establishments of the offender and order the publication of his judgment or his summary through newspapers or in any other manner, all at the expense of the offender.
However, these measures cannot be permitted only if they are likely to contribute to the cessation of the offending act or its effects.
President sets the amount that the part a measure of advertising has been granted pursuant to paragraph 1 and who performed the measure despite a use introduced in time against the judgment, shall pay to the party at the expense of which the measurement of advertising has been pronounced, if it is overturned on appeal.
Section 2. -Action injunctions for the control of the copyright management societies and neighboring rights art. XVII.21. § 1.
If at the end of the period referred to in article XV.31/1, it has not remedied the breach found, the Minister may, without prejudice to the other measures provided for by law, ask the president of the Court of first instance of Brussels or, if the defendant is a trader, at the option of the Minister to the president of the tribunal de commerce of Brussels or the president of the Court of first instance of Brussels , of: 1 ° the existence and order the cessation of the infringement of the provisions of this title, orders of execution as well as the articles of the Corporation of management and its pricing rules of perception or distribution;
2 ° whether non-compliance with the legal obligations of the management company is likely to cause serious and imminent harm to the interests of the right holders, substitute for organs administration and management of the company one or several directors or interim managers who have, singly or collectively as appropriate, powers of replaced individuals. The president of the Court determines the length of the mission of interim managers and administrators.
§
2. The actions referred to in paragraph 1 are trained and educated according to the forms of the referee.
They can be introduced by inconsistent application in accordance with articles 1034ter to 1034sexies of the Judicial Code.
It is held on the action notwithstanding any prosecution on grounds of the same facts before a criminal court.
The president of the competent court may order the display of the judgment or the summary that he wrote during the period he determines both inside and outside the premises of the defendant and charges, as well as the publication of the judgment or the summary at the expense of the defendant through newspapers or in any other way.
The judgment 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 unless the decision was made at his request. In addition, the clerk is required to inform without delay the Minister of the appeal against any decision made under this section. "."
CHAPTER III. -Amendments to the law of 8 July 1977 approving various international acts art. 25. in article 1 of the law of 8 July 1977 concerning approval of various international acts, the 4th is repealed.
S.
26. in the same Act, it is inserted an article 1/1, as follows: "article 1/1. For the purposes of this Act and the orders of execution, means: 1 ° Regulation 1257/2012: Regulation No. 1257/2012 December 17, 2012 of the European Parliament and of the Council implementing enhanced cooperation in the field of the creation of a unitary protection conferred by a patent.
2 ° the European patent: a patent granted by the EPO patent ("EPO") in accordance with the rules and procedures laid down in the European Patent Convention, regardless of the fact that the patent enjoys or non unit under Regulation 1257/2012 effect.
3 ° with unitary effect European patent: European patent which is granted a unitary effect under Regulation 1257/2012;
4 ° without unitary effect European patent: European patent to which no unitary effect is conferred under Regulation 1257/2012;
5 ° the unified jurisdiction of the patent: the common to the Contracting States jurisdiction established by the agreement on the creation of a unified patent jurisdiction, signed February 19, 2013.
S. 27. article 4 of the Act is replaced by the following: 'article 4. the patent issued after a European licensing procedure is subject to the provisions of the European Patent Convention which are applicable after the issuance. "."
S.
28. article 5 of the Act is replaced by the following: art. 5 § 1.
If the text in which the European Patent Office issues or maintain a European patent no effect

Unit, following a request in which the Belgium has been designated, is not written in one of the national languages, the holder of this patent must provide a Translation Service in one of those languages within a period of three months from the day of publication of the mention of the grant of the patent without unitary effect.
§ 1bis. When the patent proprietor has not observed the time limit referred to in paragraph 1 and that that failure has the direct consequence the loss of rights in the patent pursuant to subsection 5, the Service restores the rights of the proprietor of the patent if: 1 ° an application therefor is made to the Service in accordance with the conditions and within the time fixed by the King;
2 ° the omitted Act must be within the period of presentation of the request referred to in 1 °;
3 ° the request States the reasons for which the period referred to in paragraph 1 was not observed;
4 ° the Service finds that the failure occurred while the care required by the circumstances having been taken.
The request for restoration is entered in the register.
A declaration or other evidence in support of the grounds referred to under 3 ° are provided to the Service within a period laid down by the King.
The request for restoration is processed only after the restoration prescribed for this request fee has been paid.
The request for restoration cannot be fully or partially rejected without either given the applicant the opportunity to submit its observations on the refusal contemplated within the deadline set by the King.
When it is granted the motion, the legal consequences of non-observance of the time limit shall be deemed not to have occurred.
The decision to restore or refusal is recorded in the register.
If it is made right at the request for restoration, any annual fee that would come due during the period beginning on the date on which the loss of rights has occurred, and ranging the included date at which restoration decision is entered in the register, shall be paid within a period of four months from that date.
§ 2. Anyone who, between the time of the forfeiture of the rights provided for in paragraph 5 and where the restoration of these rights released its effects in accordance with paragraph 1bis, has in good faith used in Belgium the invention covered by the patent, or taken the necessary steps to that end may continue to use the invention for the needs of his own business.
The right recognized by this paragraph may be delivered with the undertaking to which it is attached. Is reserved for the application of the law of January 10, 1955.
§ 3. The request for restoration in the rights referred to in paragraph 1bis is not admissible for the period prescribed in the same paragraph.
The King determines, if necessary, to other delays that those mentioned in the preceding paragraph, for which the request for restoration is not admissible.

§ 4. The procedure for restoration of rights referred to in paragraph 1bis is retroactively applicable to European patents granted before the entry into force of this section, that meet the following cumulative conditions: 1 ° the European patent is not written in a national language;
2 ° the European patent is maintained following opposition proceedings;
3 ° the European patent is deemed without effect in Belgium due to the furnishing of a translation of the said patent to the Service after expiry of the period of three months referred to in paragraph 1 and before the entry into force of this section;
4 ° the recovery referred to in paragraph 1bis procedure is not applicable to that patent on the date of entry into force of this article taking into account periods provided under paragraph 1bis, 1 °; 5 ° the request for restoration is filed with the Service within a period of six months from the date of the entry into force of this section.
§ 5. If there is no follow-up to the provisions of paragraph 1, the European patent without unitary effect is considered not to have had effects in Belgium since the original.
§ 6. The Service keeps a register of all European patents without unitary effect referred to in paragraph 1erqui have effect on the national territory, holds the text or possibly the translation available to the public and collects the national taxes for the maintenance of the patent for the years following the year of publication of the grant of the patent.
S. 29. in the same Act inserted an article 5/2, as follows: "article
5/2. The provisions of the agreement on the unified jurisdiction of the patent shall apply to European patents without unitary effect that took effect on the Belgian territory as national patents, subject to the application of article 83 (1) to (3) and (5) of this agreement. "."
S. 30. in the same Act inserted an article 5/3, as follows: "article 5/3. When the unitary effect of a European patent has been registered under Regulation 1257/2012, the European patent shall be deemed to have not taken effect as a national patent at the date of publication of the mention of its grant in the European Patent Bulletin. "."
CHAPTER IV. -Amendment of the Act of 27 December 1990 creating budgetary funds art. 31. the table annexed to the Act of 27 December 1990 creating budgetary funds is supplemented as follows: 'XY. Fund transparency of copyright and neighbouring rights Nature of assigned revenue: Annual Contribution to finance the regulation of the law of copyright and neighboring rights, control rights management companies and the economic analysis of the law of copyright and neighboring rights, in application of articles XI.274 to XI.285 of the book XI of the Code of economic law.
Nature of expenditures: payment of expenses to the federal public Service in charge of copyright, pursuant to the provisions of articles XI.274 to XI.285 of the book XI of the Code of economic law and its implementation orders. "."
Chapter V. - Amending provisions and repealing article 32 § 1. Are hereby repealed:-the Act of 26 May 2002 intra-Community actions for injunctions for the protection of the interests of consumers;
-the law of 6 April 2010 concerning the regulation of certain procedures under the law of 6 April 2010 on the market practices and consumer protection, as amended by the Act of August 25, 2012;
-articles 114 to 118 of the Act of April 6, 2010 the market practices and consumer protection.
§ 2. Are also repealed:-the law of March 28, 1984, on patents for invention, as last amended by the law of January 10, 2011, under the Treaty on the law of patents of invention and the Act revising the Convention on the grant of European patents, and amending various provisions on patents for invention;
-the Act of April 21, 2007, containing various provisions relating to the procedure for filing of European patent applications and the effects of these applications and patents in Belgium, as last amended by the Act of January 10, 2011;
-the law of 29 July 1994 on the complementary protection certificate for medicinal products;
-the law of 5 July 1998 on the supplementary protection certificate for plant protection products;
-the law of 8 July 1977 approving the following international acts: 1. Convention on the unification of certain elements of the right to patents for invention, made in Strasbourg on November 27, 1963; 2 patents and regulations cooperation treaty, done at Washington on 19 June 1970; 3. convention on the grant of European patents (European Patent Convention), regulations and four protocols, made in Munich on 5 October 1973; 4. convention for the European patent for the common market (Community Patent Convention), and regulations, made at Luxembourg on 15 December 1975, as last amended by the Act of January 10, 2011.
-article 53 of the law of January 10, 2011, under the Treaty on the law of patents of invention and the Act revising the Convention on the grant of European patents, and amending various provisions on patents for invention;
-the law of January 10, 2011, on the protection of new varieties of plants (not entered into force);
-Act of 30 June 1994 on copyright and neighbouring rights, as amended by the Act of 30 December 2009 on the miscellaneous provisions;
-the law of 25 March 1999 on the implementation in Belgium of certain provisions of the Berne Convention for the protection of literary and artistic works of September 9, 1886, completed at Paris on May 4, 1896, revised at Berlin on November 13, 1908, completed at Berne on March 20, 1914 and revised at Rome on June 2, 1928, at Brussels on June 26, 1948 at Stockholm on 14 July 1967 and at Paris on July 24, 1971, done at Paris on 24 July 1971 and the International Convention on the protection of the performers, producers of Phonograms and broadcasting organizations, done in Rome, October 26, 1961;
-the Act of 15 May 2006 concerning the implementation in Belgium of certain provisions of the Treaty of the world Organization of intellectual property copyright (WCT), adopted at Geneva on December 20, 1996, and the Treaty of the world Organization of intellectual property in the performances and Phonograms Treaty (WPPT) adopted in Geneva on 20 December 1996;
-the law of June 30, 1994, transposing into Belgian law directive

European of 14 May 1991 on the legal protection of computer programs, as last amended by the law of 15 May 2007 on the Suppression of counterfeiting and piracy of intellectual property rights;
-the law of 31 August 1998 transposing into Belgian law the European directive of 11 March 1996 on the legal protection of databases, as last amended by the Act of June 8, 2008 various (I) provisions;
-the law of January 10, 1990, concerning the legal protection of topographies of semiconductor products, as last amended by the law of 10 May 2007 concerning aspects of procedural law of the protection of intellectual property rights;
-Act of 15 May 2007 on the Suppression of counterfeiting and piracy of rights of intellectual property, as last amended by the law of January 10, 2011, on the protection of new varieties of plants (not entered into force), the King fixed the date of repeal of the provisions of the acts referred to in the first subparagraph.
§ 3. Legal provisions not contrary to the provisions of books I, XI, XV and XVII of this Code, which make reference to provisions of laws referred to in paragraph 2, paragraph 1, are presumed to make reference to the equivalent provisions of books I, XI, XV and XVII of the Code.

§ 4. The regulatory arrangements in mediating of the laws mentioned in paragraph 2, paragraph 1, contrary to the provisions of books I, XI, XV and XVII of this Code shall remain in force until repealed or replaced by orders made pursuant to the books I, XI, XVI and XVII of the said Code.
CHAPTER VI. -Assignment of jurisdiction art.
33. the King may replace such references in the laws or existing orders to the provisions referred to in article 32 by references to the equivalent provisions of the Code of economic law, as inserted by the Act.
S. 34. 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 modified 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 VII. -Provisions transitional Section 1st. -Patent of invention and supplementary certificates of protection art.
35 § 1. For patents and supplementary protection certificate applications filed before the entry into force of titles 1 and 2 of the book XI of the Code of economic law, such as inserted by this Act are processed according to the provisions that were applicable at the time of the filing.

§ 2. The provisions of titles 1 and 2 of the book XI of the Code of economic law, such as inserted by this Act, shall apply immediately to patents and supplementary protection certificates issued prior to their entry into force, with maintenance however rights acquired at the time of the entry into force of such titles.
§ 3. The provisions of articles XI.48, XI.77, XI.79, XI.50, § 3, XI.53, paragraph 2, and XI.80 of the Code of economic law, such that inserted by this Act are applicable to patents applied for or issued before the entry into force of title 1 of the supra XI book.
The provisions of articles XI.101 and XI.102 of the Code of economic law, as that inserted by this Act, shall apply to supplementary protection certificates applied for or issued before the entry into force of title 2 of the supra XI book.
The King fixed rate, date and mode of perception of the annual fees due for the maintenance of patent applications, requests for supplementary certificate of protection, patents and supplementary protection certificates referred to in paragraphs 1 and 2.
S. 36. articles XI.82 to XI.90 of the Code of economic law, as that inserted by this Act, shall apply to all European patent applications filed after the entry into force and to European patents granted on the basis of these requests.
Without prejudice to decisions of the Governing Council of the European Organisation of patents taken in application of article 7, § 1, second sentence, and § 2 of the Act revising the Convention on the grant of European patents (European Patent Convention) of 5 October 1973, revised as last amended on December 17, 1991, done at Munich on 29 November 2000, articles XI.82 to XI.90 do not apply to patents Europeans already issued upon their entry into force , or European patent applications that are pending on that date.
Section 2. -Right to breeder s.
37 § 1. Plant breeders ' rights applications filed before the entry into force of title 3 of the book XI of the Code of law economic, as inserted by the Act, are processed according to the provisions applicable at the time of the filing.
§ 2. The provisions of title 3 of the book XI of the Code of economic law, as that inserted by this Act, shall immediately apply to plant breeders ' rights issued before their entry into force, with however maintaining the rights acquired at the time of the entry into force of these provisions.
§ 3. The provisions of articles XI.150 and XI.151 of the Code of economic law, as that inserted by this Act, shall apply to plant breeders ' rights applied for or issued before the entry into force of title 3 of the supra XI book.
S.
38. Notwithstanding article XI.109, § 1, 1 °, and without prejudice to article XI.109, §§ 2 and 3 of the Code of economic law, as inserted by this Act, a variety is also considered new in cases where variety constituents or harvested from these constituents material were not sold or transferred to others by the breeder or with his consent on Belgian territory, for purposes of exploitation of the variety, more than four years and, in the case of vines or trees, more than six years before the date of entry into force of title 3 of the book XI of the Code of economic law, as inserted by the Act. This provision applies if the date of the application within a period of one year following the date of entry into force and provided that the variety belongs to a plant species other than those listed in the royal decree of 1 October 1993 determining plant species for which a variety certificate may be issued and prescribing the duration of protection for these species.
S. 39. article XI.114, § 1, 1 °, of the Code of law economic, as inserted by this Act, does not essentially derived varieties which the breeder has, before the date of entry into force of title 3 of the book XI of the Code right economic, as inserted by the Act, is effective and serious in their operation, preparations or the breeder will be exploited before this date.
Section 3. -Copyright art.
40 § 1. The provisions of title 5 of book XI of the Code of economic law, as that inserted by this Act, shall apply to works and services performed before their entry into force and fallen into the public domain at this time.
§ 2. These provisions shall apply also to works and benefits which, to July 1, 1995, are protected by copyright law in at least one State member of the European Union.
However, the revival of rights may not be invoked against persons who undertook in good faith the exploitation of works or performances that belonged to the public domain prior to July 1, 1995, to the extent where they continue the same modes of operation.
§ 3. Article XI.166, § 2, paragraph 3, the Code of economic law that insere inserted by this Act, applies to the musical compositions with words for which, at a minimum, the composition of the music or the lyrics are protected in at least one European Union Member State on 1 November 2013 as well as those who are after this date.
§ 4. Articles XI.208, paragraph 2, XI.209, § 1, and XI.210, economic law code, such that inserted by this Act, shall apply to recordings of performances and Phonograms for which the performer or running and the phonogram producer are still protected on the date of November 1, 2013, as well as the recordings of performances and Phonograms that are subsequent to that date.
Paragraph 1 does not prejudice rights acquired under the Act or by virtue of legal acts or the acts of exploitation performed before November 1, 2013.
If the publication in the Moniteur belge of articles XI.208, XI.209, XI.210, the Code of economic law, as inserted by this Act and this section takes place after October 31, 2013, the deadlines for seventy years as provided for in these articles cannot be invoked in relation to persons who operate in good faith of the phonograms in which the term of protection expires prior to November 1, 2013 during the period between November 1, 2013 and the date of publication in the Moniteur belge of the aforementioned XI.208, XI.209, XI.210 articles, and this article.
In the absence of clear otherwise in the contract, a contract of assignment concluded before November 1, 2013 shall be deemed to continue to produce its effects

beyond the date on which, under article 38 or 39, in its version in force October 30, 2011, the rights of the performer or running would be more protected.
Contracts of sale under which a performer or performer has right to payments which have been concluded prior to November 1, 2013 and recurring can be modified beyond the fiftieth year after the phonogram was the subject of a lawful or, in the absence of publication, publication the fiftieth year after he was the subject of a lawful public communication.
S.
41. the provisions of title 5 of book XI of the Code of economic law, as that inserted by this Act, do not prejudice rights acquired under the Act or by virtue of legal acts, or acts of exploitation made prior to their entry into force.
S. 42 § 1. Contracts concerning the exploitation of works and services protected, in force at the date of 1 August 1994, are subject to sections XI.218 and XI.219 of the Code of economic law, as inserted by the Act, from the date of entry into force of those sections if they expire after that date.
§ 2. When an international co-production contract concluded before 1 January 1995 between a co-producer of a Member State of the European Union and one or several co-producers from other Member States or third countries expressly provides a scheme of distribution between the co-producers of the operating rights by geographical areas for all means of communication to the public without distinguishing, the regime applicable to the communication to the public by satellite of the provisions applicable to other means of communication , and where the communication to the public by satellite of the co-production would prejudice the exclusive, including language, one of the co-producers or his assignees in a particular territory, the authorization by one of the co-producers or his assignees of a communication to the public by satellite shall be subject to the prior consent of the recipient of this exclusivity, co-producer or assignee.

§ 3. The provisions of title 5 of book XI of the Code of economic law, as that inserted by this Act do not affect representation contracts concluded by the companies, mentioned by title 5, or to contracts concluded between the latter and third parties, under the empire of previous laws.
This provision shall apply only insofar as these companies have requested the authorization referred to in article XI.252 of the Code of law economic, as inserted by this Act within six months of the entry into force of the royal decree referred therein.
S. 43. without prejudice to the obligation to comply with the obligations laid down by title 5 of book XI of the Code of economic law, as inserted by this Act, the authorizations given by the Minister before the coming into force of article XI.252 of the Code, shall remain in force unless their withdrawal decided in accordance with this article.
S.
44. the Minister shall submit to Parliament for 31 December 2015 an evaluation report of articles XI.182, XI.183 and XI.206 of the Code of economic law, such as inserted by this Act relating in particular to the position of authors and performers or performers and their management companies, towards, on the one hand, producers and where appropriate their management companies and other audiovisual works such as including broadcasters and cable operators.
This report may submit to Parliament proposals to ensure an optimal balance between the different categories of stakeholders mentioned above.
Section 4. -Computer arts programs
45. the provisions of title 6 of the book XI of the Code of economic law, as that inserted by this Act shall also apply to computer programs created prior to their entry into force.
These provisions are without prejudice to rights acquired under the Act or by virtue of legal acts, or the acts of exploitation made prior to its entry into force.
Section 5. -Article databases 46. the provisions of title 7 of book XI of the Code of economic law, as that inserted by this Act, shall apply to databases whose manufacture has been completed after December 31, 1982.
In the case of a database whose manufacture was completed between 1 January 1983 and 31 December 1997 and 1 January 1998 eligible to benefit from the protection afforded by the provisions of title 7 of book XI of the Code of economic law, as inserted by this Act, the term of protection of this database is to fifteen years from 1 January 1998.
S.
47. the provisions of title 7 of book XI of the Code of economic law, as that inserted by this Act, do not prejudice rights acquired under the Act or by virtue of legal acts, or acts of exploitation made prior to their entry into force.
Section 6. -Topography of semiconductor products art. 48. the provisions of title 8 of the book XI of the Code of economic law, as that inserted by this Act, shall apply to topographies of semiconductor products fixed or encoded for the first time after the entry into force of the law of January 10, 1990, concerning the legal protection of topographies of semiconductor products.
CHAPTER VIII. -Entry into force art. 49. with the exception of this section, section 32, § 2, paragraph 2, and article 44, which come into force the day of the publication of this Act in the Moniteur belge, the King fixed the date of entry into force of part or all 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 19, 2014.
PHILIPPE by the King: the Minister for 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) Note 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.