Intellectual property lawyers & Professionnal field
How can intellectual property lawyers can help me with my brand and my business?
First, there are some kind of intellectual properties you need to differenciate, as regulations applied to any of them won’t obviously fit for an other. Here is how our intellectual property lawyers can already categorize them.
Copyrights & Luxembourg intellectual property laws
Copyrights, neighbouring rights and databases are protected in Luxembourg by the law of 18 April 2001 and are considered as Intellectual property rights. The criterion for protection to be granted under copyright law is originality. In principle, no formality is required. However, to be able to assert his, her or its rights, one will have to prove he, she or it is the copyright holder. Protection is prolonged during 70 years after the death of the author.
Copyrights include economic rights (the right of reproduction and the right of communication to the public) and moral rights (comprising the right of paternity and the right to have the respect of the work).
Trademarks & the Benelux intellectual property laws
Trademarks are protected in Luxembourg under the Benelux Convention on Intellectual Property adopted the 25 February 2005. The trademarks protection mainly grants to the holder of a trade mark registration, provided such registration is rightful, valid and lawful and not challenged as well as made prior to any other identical registration covering the Benelux territory, the exclusive right to oppose any use, in the course of trade of the trademark in relation with goods or services for which this trade mark was registered or a similar sign in relation with goods or services for which this trade mark was registered or similar goods or services if a risk of association between the sign and the mark exists in the mind of the public.
Design Rights & the Benelux intellectual property laws
Designs are also protected in Luxembourg under the Benelux Convention on Intellectual Property. This regulation gives the holder of a design, without prejudice to the potential application of the law of torts, the exclusive right to oppose the use of a product in which the design is incorporated or to which it is applied and having an identical appearance in comparison to the design application with the Benelux Design Office, or which does not give the informed user an overall different impression.
Patents & Luxembourg intellectual property laws
Patents are governed in Luxembourg by the law of 20 July 1992, modifying the patents regime. A patent is an exclusive right granted for an invention, which is a product or a process that offers a new technical solution to a problem. An invention must fulfill several conditions to be protected by a patent.
Besides these “traditional” intellectual property rights, other areas of law have developed including databases, software, privacy and right of publicity or domain names.
Contacter LG AVOCATS