Belgian law amending national law to implement UPC system now published

04.01.2018

Following its adoption by the Belgian parliament on 14 December 2017, a Law amending certain provisions relating to patents in national law was promulgated by publication in Belgium’s Moniteur Belge on 28 December.  The Law amends Title I of Book XI of the Code of Economic Law (which contains the Belgian legislation on patents) to implement the unitary patent and Unified Patent Court system.  As reported here, key amendments are to the provisions on exemption from patent infringement, bringing these in line with those in the UPC Agreement (and coming into force when that Agreement enters into force); therefore, exemptions will be harmonised for all patents having effect in Belgian territory. (Belgium has ratified the UPC Agreement and also made a declaration regarding its provisional application.)

Gregory Bacon

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