BELGIUM

• LAW PROTECTION GEOGRAPHICAL INDICATION BELGIUM

  • Belgium does not have specific national legislation on GIs.

    EU regulations provide the necessary framework on which Belgian GIs operate.

    The IP affairs in Belgium are looked after by the Belgian Patent Office (ORPI).

    The Geographical Indications affairs in Belgium are looked after by the following departments depending on the place of production :

    1. Directorate General for Agriculture, Walloon Region
    2. Flemish Ministry of Agriculture and Fisheries
    3. Ministry of Economics of the Federal Government of Belgium
    4. European Commission, Agriculture and Rural Development
    • Protected Designation of Origin – PDO
    • Protected Geographical Indication –
    • Traditional Speciality Guaranteed – TSG
• ROLE PLAYED BY GEOGRAPHICAL INDICATION BELGIUM:
  • 1. GI is a source indicator informing consumers about a product’s origin from a certain place.
    2. GI confirms certain special characteristics  in
• PROTECTION ACCORDED TO GEOGRAPHICAL INDICATION IN BELGIUM

  • The following Specifications are required for filing of the Application:

    • Explanation regarding the conditions under which the protected designation can be used.
    • The geographical area
    • The production process involved
    • Evidence concerning the quality of the product
    • Related geographical environment
    1. Agricultural products and foodstuffs from a specified region whose quality and characteristics are essentially due to :
    • The geographical environment such as climate, soil conditions, the local know-how
    • Production, Processing, Preparation taking place in the defined geographical area

    2 Food, Agricultural products known for their specificity and characteristics by which they are clearly distinguishable from other products or foodstuff belonging to the same category.

    These characteristics relate to:

    • Intrinsic properties of the product
    • Physical or chemical properties
    • Production method
• KIND OF GEOGRAPHICAL INDICATION NOT PROTECTABLE BELGIUM

  • Geographical Indications are not protectable if:

    • They are immoral or against public order;
    • GIs likely to mislead the public with respect to the place of origin of the goods;
    • Trademarks containing or consisting of GIs likely to cause confusion as to the quality of the goods not originating from the territory indicated;
    • They are confusingly similar to a trade mark for which rights had been acquired before the GI is protected in its country of origin;
    • GIs that indicate the place of origin of use of the wines & spirits originating in a region other than the place of origin
• REQUISITES TO BE GEOGRAPHICAL INDICATION BELGIUM

  • The following Specifications are required for filing of the Application:

    • Explanation regarding the conditions under which the protected designation can be used.
    • The geographical area
    • The production process involved
    • Evidence concerning the quality of the product
    • Related geographical environment 
    1. National group of producers or processors of the product concerned.
    2. Agricultural Organisations
• WHO CAN FILE GEOGRAPHICAL INDICATION BELGIUM

  • The following Specifications are required for filing of the Application:

    Explanation regarding the conditions under which the protected designation can be used. • The geographical area • The production process involved • Evidence concerning the quality of the product • Related geographical environment

• EXAMINATION OF GEOGRAPHICAL INDICATION BELGIUM

  • Post filing of the application, interested parties have 30 days to either object, oppose or ask for cancellation.

    In the event the application complies with all the requisite formalities, and there is no objection from 3rd parties, the application is accepted by the regional office and uploaded on its website for objection if any from other regional offices for a further period of 30 days.

    Registration is done in 2 phases:

    1. The application is either accepted or rejected for specific indications by the designated regions. In case of acceptance, interim protection is provided.
    2. The application / request is then forwarded to the European Commission which performs an additional review. Final decision regarding recognition of the requested GI is then taken.
• PUBLICATION & REGISTRATION OF GEOGRAPHICAL INDICATION BELGIUM
  • 1. The application is either accepted or rejected for specific indications by the designated regions. In case of acceptance, interim protection is provided.
    2. The application / request is then forwarded to the European Commission which performs an additional review. Final decision regarding recognition of the requested GI is then taken.

    In the event there are no objections to the Application and it has satisfoctorily complied with all formal requirements, it is forwarded to the EUC which then takes the final decision.

• USAGE OF GEOGRAPHICAL INDICATION BELGIUM
• Cost of Registration of Trademarks