Belgium

Please contact our Dutch office for more information about our services in Belgium:

React Netherlands
Amstelveenseweg 864
1081 JM Amsterdam
The Netherlands
T +31 20 6406363
Contact: Mr Bjorn Grootswagers
bgrootswagers@react.org


Belgian activities are coordinated by React in the Netherlands. Belgium Customs is very active and in this country several regional hubs are located. Furthermore React investigators are available to monitor notorious counterfeiting markets as well as other common outlets and shops. We also verify alerts/tips provided by rights owners using a team of local investigators and lawyers. The combination of specialists, working side-by-side, results in rapid follow up.

Our services in Belgium

  • Amicable settlements and/or negotiation settlement following Customs actions
  • Appearing in court hearings in criminal proceedings as witnesses or experts
  • Desk research
  • Drafting and filing of criminal complaints
  • Drafting and filing of expert reports, affidavits and written witness statements
  • Filing Customs applications
  • Filing surveillance letter
  • Follow up Customs/Police cases (C&D letters, negotiations, settlement drafting)
  • Handling court proceedings (appeals and civil claims)
  • Informing Customs officers on brand details
  • Organize and assist the police and relevant authorities in market raids
  • Organize inspections and investigations of markets, shops and events
  • Organize test purchases
  • Organizing the transportation, storage, destruction and, wherever possible, the recycling of counterfeit products
  • Organizing training sessions and information meetings for Police, Customs and/or Trade Inspection authorities
  • Preparing and submitting civil actions (including C&D letters)
  • Simplified procedure

Country Procedures

  • Customs application is not mandatory but still very much advisable
  • If Customs acts ex officio, an application for action must be filed within 4 days
  • Customs application is valid for one year
  • Deadline for response to Customs notification of detention is 10 working days (extendable once) with application for action (3 working days for perishable goods), 4 working days for ex officio actions
  • Deadline for importer to respond to seizure is 10 working days (extendable for a further 10 working days)
  • Public prosecutor is tasked with taking criminal action against infringers
  • Criminal law remedies available: imprisonment (up to 5 years), fine (up to 100.000 EUR), criminal forfeiture and destruction of counterfeits, closure of premises, disqualification from commercial activities
  • Malicious intent of fraud is required for criminal liability
  • Ex parte orders available (unilateral summary proceedings and anti-counterfeit seizure for example)
  • Damages must be substantiated or can be determined in fairness; pre-defined thresholds for calculating costs of procedure