The profession of patent attorney was further regulated by the law of 8 July 2018. This law complements the previous regulatory framework—primarily focused on access to the profession—and is structured around three key pillars:
- Strengthening control over access to the profession of patent attorney in Belgium, particularly for patent attorneys established in other member states of the European Economic Area who invoke the free provision of services in Belgium.
- The establishment of an Institute of Patent Attorneys, of which all patent attorneys active in Belgium are members. The Institute is responsible for representing the professional group, upholding ethical rules, and coordinating continuous professional training.
- The introduction of mandatory professional liability insurance, protection of the title “patent attorney,” the establishment of professional secrecy—including attorney-client privilege—and the granting of speaking rights for patent attorneys in patent litigation cases.
The Belgian Institute of Patent Attorneys is the professional organisation established by law for patent attorneys in Belgium. All recognised patent attorneys are automatically members, as are free service providers who temporarily or occasionally practise as patent attorneys in Belgium.
The Institute has legal personality, is headquartered in the Brussels-Capital Region, and consists of three governing bodies:
- A General Assembly composed of all members, responsible for making key decisions. Free service providers do not have voting rights within this body.
- A Council of four members elected by the General Assembly, responsible for managing the Institute.
- A Disciplinary Committee consisting of three members and three alternates elected by the General Assembly, chaired by a magistrate, a lawyer, or their deputy. The Disciplinary Committee ensures compliance with the ethical rules applicable to patent attorneys.
A Government Commissioner oversees the actions taken by the General Assembly and the Council.
In addition to adhering to ethical rules and participating in continuous training, membership in the Belgian Institute of Patent Attorneys entails four main obligations:
- Members must insure themselves against professional civil liability.
- Members hold the legally protected title of patent attorney within the scope of their professional practice. However, members who provide temporary or occasional services in Belgium must use the professional title or qualification title of their state of establishment.
- Members must respect professional secrecy. This includes attorney-client privilege, which enables them to claim confidentiality over communications exchanged with their clients, particularly in foreign patent litigation cases.
- Members have the right to speak in patent-related cases before Belgian courts and tribunals, without prejudice to the role of the lawyer as dominus litis. This speaking right allows members to clarify technical aspects or certain legal elements of a patent case.
The law of 8 July 2018, including the creation of the Belgian Institute of Patent Attorneys, was implemented in phases. As of 1 April 2024, the law has been fully enacted. More info