The Competition College of the Belgian Competition Authority will automatically approve any merger or acquisition that results in a company or group of companies with a combined market share of less than 25%. Mergers or acquisitions that reduce the competitiveness of the Belgian market, or a significant part of it, will be declined.

There are 5 phases to the filing of the notification of a merger or acquisition:

1. First phase – the notification is determined to be acceptable or inadmissible.
2. Second phase – the Competition College performs further investigations, if necessary, and submits a revised decision.
3. Simplified procedure – parties may apply for a simplified procedure.
4. Appeal – parties may appeal the College’s decision before the Court of Appeal.
5. Restrictive practices – if specific business practices restrict competition, they may be prohibited and result in fines.

Trademark protection is provided for names, drawings, symbols, stamps, letters, figures, shapes, packaging, and any other sign or combination of these – used by a manufacturer or merchant to identify and distinguish their goods. Trademark rights in Benelux countries are generally conferred by the first registration and not by the first use of the trademark. But to avoid abuses, several exceptions grant a priority right to the first user.

The application for registration is submitted to either the Belgian administration or to the Benelux Office for Intellectual Property in The Hague (Netherlands). Any trademark protection sought in Belgium will apply to all three Benelux countries: the Netherlands, Belgium and Luxembourg.

Apart from a Benelux trademark, there is also the possibility of obtaining an EU trademark, which grants protection in all EU member states. An EU trademark application must be filed with, and is granted by, the Office for Harmonization in the Internal Market (OHIM) in Alicante, Spain.

Patent protection is available for inventions that are new, involve an inventive step and are useful for industrial applications. It can be obtained for:

• a new product;
• a new process;
• a new application of known means; or
• a combination of known means.

Patent holders have the right to exploit, grant licenses to or assign the patent, with some exceptions. In Belgium and Flanders, patent protection is granted through registration and lasts for 20 years.