Checklist of Issues on Enforcement under TRIPS Art. 63.2 - View details of the document


(a) Civil judicial procedures and remedies

(b) Administrative procedures and remedies

(a) Judicial measures

(b) Administrative measures

2 Moniteur Belge of 27 July 1994.

3 See Article 73 of the TRIPS Agreement.

4 In regard to persons who have the right to institute an action for suspension based on Article 95 of the law of 14 July 1991 on trading practices and consumer information and protection, see answer to question 5 below.

5 Article 96.2, Law of 14 July 1991.

6 Cf. answer to question 8.

7 Cf. answer to question 8.

8 Article 1488 provides that if in the month following the date of submission of the expert's report or of the attachment of revenue, the description is not followed by a summons to appear at the trial on the merits of the case at the court in the jurisdiction in which the description was made, the order issued by the judge in pursuance of Article 1481 shall cease to be effective, and the applicant may no longer use it or make it public. This is without prejudice to damages. As regards patents and supplementary protection certificates for medicinal products, the summons is issued to appear at the trial on the merits at the court convening at the seat of the Court of Appeal in the jurisdiction in which the infringement or exploitation has taken place or, if the plaintiff so chooses, at the court convening at the seat of the Court of Appeal in whose jurisdiction the defendant or one of the defendants has his domicile or residence.

9 Pursuant to Article 8 of the Regent's Decree of 26 June 1947 containing the Stamp Duty Code, a fee shall be charged for documents served by process servers other than deeds of protest and records of public sales of moveables; duly certified copies, duplicates or extracts of said documents.

10 Include enrolment fees, fees for drafting and for despatch (Articles 268 to 274 of the Royal Decree of 30 November 1939 containing the Code of Fees for Registration, Mortgages and Registry Services).

11 Pursuant to Article 142 of the Code of Registration fees, a 3 per cent charge may be levied for all court decisions and judgements, handed down in respect of all matters, involving an order whether final, provisional, principal, ancillary or conditional, to pay sums of money or sell moveable goods. This rule is waived in respect of injunctions and decisions handed down in respect of appeals against said injunctions (Article 143). This fee is payable in case of a judgement, even an interim judgement. On the other hand, the records of conciliation proceedings (Article 733), not being judicial documents even in form, are not subject to the fee mentioned in Article 142.

12 These emoluments are set by the Royal Decree of 30 November 1976 which lays down the schedule of charges for civil and commercial documents drawn up by process servers.

13 The witnesses' fee is set by Royal Decree of 27 July 1972.

14 The amount of the compensation for court costs is set by the Royal Decree of 30 November 1970, which contains a schedule of costs recoverable by the judge, in pursuance of Article 1022 of the Judicial Code.

15 Article 866 of the Judicial Code.