In Belgium, general provisions of criminal procedure apply to the investigation and prosecution of intellectual property crimes. These crimes fall under the general rules of jurisdiction.
Verified in October 2022
Country fiches: Belgium
National legislation
National legislation on intellectual property crimes
Copyright violations
Articles XI.291 to XI.293 of Code of Economic Law, Book XI on Intellectual Property read in conjunction with articles XV.70 and XV.104.
Counterfeiting of trademark
Article XV.103(1)(1) of Code of Economic Law, read in conjunction with article XV.70
Patent violations
Article XV.103(1)(2) of Code of Economic Law, read together with article XV.70
Industrial design violations
Article XV.103(1)(4) of Code of Economic Law, read in conjunction with article XV.70
Violations of plant variety rights
Article XV.103(1)(3) of Code of Economic Law, in conjunction with article XV.70
Trade Secrets violations
Articles 309, 458, 491 and 492bis of the Criminal Code.
• Articles 461 and 464 of the Criminal Code sanctions theft. A person who is prosecuted on the basis of art. 309 of the Criminal Code is likely to also be sued under art. 461 and art. 464 of the Criminal Code if the offender is a (former) employee.
• Articles 461 and 464 of the Criminal Code sanctions theft. A person who is prosecuted on the basis of art. 309 of the Criminal Code is likely to also be sued under art. 461 and art. 464 of the Criminal Code if the offender is a (former) employee.
Articles XI.332/1 to XI.332/5 and XI.336/1 to XI.336/5 of the Code of Economic Law
Law on the Protection of Trade Secrets, published on 14 August 2018, No. 2018031595
National contacts
National contacts
Law Enforcement Agencies
IP crime investigations are conducted by the Belgian Federal Police. There is no unit specialised in investigating IP crimes.
IP crime investigations are also carried out by a unit specialised in IP crime investigations within the Federal Public Service Economy’s Directorate-General for Economic Inspection called the Anti-Counterfeiting Unit.
Federal Service Economy – Anti-Counterfeiting Unit
+32 800 120 33
Rue de Progrès 50, 1210 Brussels
Prosecution
Public Prosecutor’s Offices are responsible for prosecuting IP crimes. There is no unit specialised in prosecuting IP crimes.
The Federal Public Prosecutor’s Office is responsible for international judicial cooperation through mutual legal assistance and for acting as a central contact point for international judicial authorities.
Federal Prosecutor’s Office
+32 557 77 11
Rue aux Laines, 66 boite 1, 1000 Brussels
Public Prosecutor’s Office
Contact based on the region: access here
Judiciary
There are no courts specialised in IP crimes. This type of crime falls under the general court system.
The general courts are organised in a four-tier system:
- Police Courts;
- First Instance Courts;
- Courts of Appeal; and
- The Supreme Court.
Judicial libraries
Judicial libraries
JUPORTAL
Public and free database. No registration is required.
Access to judgments from:
- Courts of First Instance (1st instance)
- Labour Courts (1st instance)
- Commercial Courts (1st instance)
- Courts of Appeal (2nd instance)
- Court of Cassation (3rd instance)
- Constitutional Court
Eurojust is an agency of the European Union