Intellectual property - Luxembourg

Updated 01/2010

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Legal requirements

Intellectual property rights

Protection of intellectual property rights is based on national and international conventions and covers certain immaterial assets. It is divided into two groups:

• industrial property   (patents, trade marks, designs and models, ideas, trade names);
• copyright and neighbouring rights.
• Intellectual property

For SMEs involved in innovation, the protection of intellectual property is essential, as it protects them against possible imitations, copies or even counterfeiting.

• Intellectual Property Section - Ministry of the Economy and External Trade

Industrial property rights

There are various ways you can protect your innovations:

• patents, which give the holder exclusive rights to the products for 20 years beginning from the date the request is submitted;
• trade marks, which may take the form of a name, logo, design, etc;
• models and designs ;
• i-DEPOT, which protects an idea, concept, format, convention or a document at a stage prior to its creation;
• a trade name, which is limited to the geographical area where it is known.
• Patent for invention: a guide for anyone submitting requests [4 MB]
• Patent for invention
• Trade marks for products and services
• Designs and models
• i-DEPOT

Copyright

All literary, scientific or artistic works (including computer programmes and databases) are protected by copyright provided they are original enough and have a material form (ideas and concepts are excluded). Protection lasts the entire life of the author, and 70 years following the author's death, with rights being transferred to the inheritors and dependants. Third parties wishing to make use of the work must obtain a licence from them.

• Protecting copyrights and neighbouring rights

Intellectual protection bodies

The Intellectual Property Directorate is responsible for putting in place and managing the framework and instruments for protecting intellectual property for businesses and inventors/authors.

• Intellectual Property Directorate

Property rights encourage investment in innovation and research.

• New ideas — Luxembourg
• Research — Luxembourg

Administrative procedures

Registration

Patent

You can send your patent application to the Intellectual Property Directorate of the Ministry of Economy and External Trade as soon as the invention is recognised as new, involves an inventive step and has industrial application.

• Intellectual Property Directorate
• Patent application [44 KB]
• Table of fees for patent applications

Trade mark

Trade marks are registered at the Benelux Office for Intellectual Property (BOIP)

• Benelux Office for Intellectual Property
• BOIP online filing  
• Registration form
• How to register a trade mark

In case of conflict with another trade mark, you may contest the submission (within two months following the publication of the mark) at the BOIP.

• Objecting to a trade mark
• Form for filing an objection
• How to fill in the objection form

Model or design

The model or design must be registered at the BOIP. In case of conflict with another model or design, you can make a claim at the same office, but it will only be recognised as registered. You should begin legal proceedings through the national courts.

• Designs and models
• How to register a design or model
• Form for submitting a design or model
• Annex for multiple requests
• How to submit a model or design
• Taxes for submitting models and designs

i-DEPOT

i-DEPOT allows you to register innovations at the BOIP before they are created.

• How to submit an i-DEPOT
• Online i-DEPOT submission form  
• Form for ordering i-DEPOT envelopes
• i-DEPOT fees

Trade names

You should enter the trade name of the company in the Trade and Companies Register.

• Trade and Companies Register
• "Paper" forms - Trade and Companies Register  
• "Electronic" forms - Trade and Companies Register  

Resources

The Guichet entreprises business portal provides information on intellectual property.

• Intellectual property - Guichet entreprises

The Luxembourg portal for intellectual property contains information on intellectual property in general, associated legal documents, publications related to the subject, etc.

• Luxembourg portal for intellectual property

The Henri Tudor technology monitoring centre conducts research and monitoring in relation to patents that are technically close to the inventor's product.

• Technology monitoring and standards centre

The Benelux Association for trade mark and model law clarifies some of the legal aspects of trade marks.

• Benelux Association for trade mark and model law

Check also the legislation on this topic in:

• European Union
• Austriadeen
• Belgiumenfrnl
• Bulgariabgen
• Cypruselen
• Czech Republiccsen
• Denmarkdaen
• Estoniaenet
• Finlandenfi
• Franceenfr
• Germanydeen
• Greeceelen
• Hungaryenhu
• Irelanden
• Italyenit
• Latviaenlv
• Lithuaniaenlt
• Luxembourgenfr
• Maltaen
• Netherlandsennl
• Norwayenno
• Polandenpl
• Portugalenpt
• Romaniaenro
• Slovakiaensk
• Sloveniaensl
• Spainenes
• Swedenensv
• United Kingdomen