INTELLECTUAL PROPERTY RIGHTS IN LUXEMBOURG
First Renewal Term
Subsequent Renewal Term
The Benelux Trademarks Act in 1971 - is the primary law governing the mechanism of trademark registration and protection in Luxembourg.
For getting a trademark registered in Luxembourg, an application has to be filed with the Benelux Office for Intellectual Property (BOIP), which administers the entire trademark registration process.
It follows a 'first-to-file' system, which means that trademark registration is mandatory for protection.
Luxembourg follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
The third parties can file opposition actions against a trademark application within two (02) months following its publication date in the official gazette.
In Luxembourg, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.
Luxembourg is a member of the Paris Convention for the Protection of Industrial Property.
Law of 20 July 1992 - deals with the mechanism of patent protection in Luxembourg.
For seeking patent protection in Luxembourg, an application has to be filed with the Intellectual Property Office of the Ministry of the Economy, which administers the entire process of patent grant.
In Luxembourg, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
Any third party can file a submission contesting the patentability of a Luxembourgish patent application between the dates of its publication and grant.
A Luxembourg patent application is granted as a full-term patent (with a duration of twenty (20) years), where its subject matter has been subjected to an official search, either requested at the Luxembourg Patent Office or performed by a foreign office on an equivalent case with the foreign search report filed at the Luxembourg Patent Office by way of a search request; or as a short-term patent (with a duration of six (06) years), where its subject matter has not been subjected to an official search by the time the application is published.
The Uniform Benelux Designs Law governs and deals with the mechanism of registration of industrial designs in Luxembourg.
For getting an industrial design registered in Luxembourg, an application has to be filed with the BOIP, which administers the entire process of registration.
The types of industrial design applications that can be filed in Luxembourg include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in the nation.
Opposition against an industrial design application can't be raised in Luxembourg.
The total duration of industrial design registration is twenty-five (25) years from the date of application. The initial registration term is five (05) years, which is further extendible for four (04) terms of five (05) years each upon payment of the renewal fee.
The renewal fee is required to be paid during twelve (12) months before expiry of the registration or within a grace period of six (06) months for which a surcharge applies.
Luxembourg is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
Law of April 18, 2001, on Copyright and Related Rights and Databases - is the main copyright law enacted by the legislature of Luxembourg.
In Luxembourg, copyright comes into existence as soon as the work is created. There is no formal procedure to get a trademark registered.
Copyright extends for seventy (70) years after the death of the author in favor of his heirs and assigns.
When the work is the product of collaboration and the contributions are inseparable, copyright exists for the benefit of all interested parties until seventy (70) years after the death of the last surviving author.
Protection of audiovisual works expires seventy (70) years after the death of the last survivor among the principal director, the author of the screenplay, dialogues, and musical compositions, with or without words, specifically created for use in the work, whether or not sponsors.
Copyright in anonymous and pseudonymous works lasts seventy (70) years from the day when the work was lawfully made available to the public.