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Enforcement of IPRs in Luxembourg


Enforcement of IPRs
The level of sophistication of counterfeit is such that it is difficult to identify real goods from the infringing goods. Therefore, they are easily placed in the market without being detected. This is one of the major causes of counterfeiting and piracy in Luxembourg.
Wine and spirits, toys, and pharmaceuticals are the goods that most often face counterfeiting and piracy in Luxembourg.
In general, the intellectual property rights in Luxembourg are governed by the following statutory laws:
  • Copyright – The Law of 18th April 2001 on Copyright, Neighbouring Rights and Databases, as amended, lastly by the Law of 3rd April 2020 (the Copyright Act)
  • Database Rights (sui generis right, distinct from copyright) – The Law of 18th April 2001, as amended by the Law of 18th April 2004 and lastly by the Law of 10th February 2015 (the Copyright Act)
  • Patents – The Law of 20th July 1992 amending the System for Patents for Invention, as amended by the Law of 24th May 1998 and lastly by the Law of 18th December 2009 (the Patent Act)
  • Trademarks – The Benelux Convention on Intellectual Property of 25th February 2005 as approved by the Law of 16th May 2006
  • Industrial Designs – The Benelux Convention on Intellectual Property of 25th February 2005 as approved by the Law of 16th May 2006
  • Semiconductors – The Law of 29th December 1988 on the Legal Protection of Topographies of Semiconductor Products
  • Professor's Privilege/Ownership of publicly funded research – The special laws on the public funding of research results
Copyright, database rights, patents, trademarks, industrial designs, and semiconductors are the different types of IPRs protected by IPR enforcement in Luxembourg.
Yes, a claim is time-barred after 05 or 10 years, depending on the infringement in question (contractual or extra-contractual).
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Other civil remedies include the publication and posting of judgment; the handing over of the materials and instruments that were mainly used for the production of the infringing goods.
Proceedings on the merits may take around 18 to 24 months to obtain a ruling at first instance. An appeal must be lodged within 01 month of the date of serving the judgment to the other party. The typical timeframe for an appeal proceeding is at least 01 to 02 years, but can be longer in some jurisdictions or where an expert opinion is required (notably to assess damages).
The length of seeking redressal may be longer than expected since the pre-trial phase takes a few months; then, if any interim measures are sought, it may take up another few months. Finally first instance courts decide within a frame of 02 years and to appeal the decision of the lower court, additional 02 years may be required.
A) Responsible Authority - Commercial Court, District Court
B) Imprisonment Term – 03 months to 05 years
C) Monetary Fine - EUR125 to EUR30, 000
Other criminal remedies include permanent or temporary closure of the establishment ran by the condemned party for a maximum period of 05 years; publication and posting of the judgment.
ADR techniques are available concerning disputes between trademarks and domain names. They are used whenever possible as they are fast and cost-effective. However, such ADR techniques are available only for specific situations (trademark and domain name conflicts).
Destruction of goods is the remedy available under border control measures (customs) in Luxembourg.
The applicant bears the costs of customs intervention during enforcement.
The goods may be released for commercial access if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs.
Court Proceedings
There is no Luxembourg trademark system per se. Luxembourg is party to the Benelux Convention, and as such, Benelux trademarks are in effect in Luxembourg (alongside with EU trademarks and international trademarks designating Benelux). No protection to trademark owners is guaranteed without registration, unless such unregistered trademarks are well-known.