Language(s) before the UPC Belgian Local Division
This morning, on 30 May 2023, Belgium’s declaration regarding the language(s) of the proceedings before the Belgian Local Division was published in the Belgian State Gazette. We have inserted a link at the end of this blog to the relevant page of the Belgian State Gazette. Here are the key take-aways.
1. Firstly, four languages are available to conduct proceedings before the Belgian Local Division: Dutch, French, German and English.
2. Secondly, if the defendant has its domicile or headquarters in Belgium, and if proceedings cannot be introduced before any other Local or Regional Division, then the region of the defendant’s domicile or headquarters will determine the language of the proceedings before the Belgian Local Division:
- If the defendant has its domicile or headquarters in a region with one official language, then that language will be the language of the proceedings.
- If the defendant has its domicile or headquarters in a region with multiple official languages, then the defendant can choose between one of those languages.
However, if there are multiple defendants having their domicile or headquarters (i) in regions with different official languages, and/or (ii) in regions with multiple official languages, then the claimant can choose between one of those languages.
3. Thirdly and finally, the judge-rapporteur may order, in the interests of the panel, that the judges may use Dutch, French or German in the oral proceedings and/or that the Court may make any order and deliver any decision in Dutch, French or German together with a certified translation for enforcement purposes.
[1] Addendum – Wet houdende instemming met de Overeenkomst betreffende het eengemaakt octrooirecht.pdf
Recommended articles
WEBINAR VIDEO | When are IP holders liable for enforcing an IP right?
During this IP Update, Sofie Thijssen and Kirian Claeyé revisit when IP holders may be held liable for enforcing provisional measures based on their IP right.
Read onThe authors of Ravel’s Boléro: Towards a revival of copyright in the Basque composer’s masterpiece?
A blog about Maurice Ravel on Valentine's Day? No doubt we'll be talking about Daphnis et Chloé or Don Quichotte à Dulcinée? Well, no. It's obviously the Boléro that this post is about. The chef-d’oeuvre of the French composer is at the centre of a high-profile trial, the first hearing of which is scheduled to take place today before the Tribunal de Grande Instance in Nanterre. At issue is the possible reinstatement of this essential score in the private domain.
Read onWEBINAR VIDEO | A must-use tool for all businesses, to be handled with knowledge and caution to avoid any damage
During this webinar, Sophie Lens and Julie Peeters identify some of the issues associated with AI use within a company (such as with data protection, intellectual property and/or trade secrets) and look at the solutions that can be used in practice to deal with them and enable your company to reap AI’s full benefits while reducing the related risks.
Read on