BELGIUM Law and Practice Contributed by: Valentin de le Court, Camille De Munter and Emilie Van Heck, Osborne Clarke LLP
10.4 Procedure for Licensing an Intellectual Property Right
A licence may be exclusive or non-exclusive, partial or total, and subject to payments or not (royalties, lump sum, etc). Patent applications may also be the object of a licence (under Belgian law, the owner of a patent application may require a reasonable compen- sation for the exploitation of the invention during the term going from the patent application to the patent grant).
As mentioned under 10.3 Requirements or Restrictions to License an Intellectual Prop- erty Right , Belgian law requires a written instru- ment for the licence to be valid (this is a valid- ity requirement), and the patent office must be notified and the patent licence registered to be opposable to third parties. The notification can be easily done via forms made available by the Belgian Federal Public Service (FPS) Economy.
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