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Intellectual Property

Luxembourg

In today’s knowledge economy, a large part of the value of your business is based on intangible assets and goodwill. Your intellectual property plays a key role in obtaining a competitive advantage and avoiding the loss of opportunity. A cohesive IP strategy, including filing, commercialisation and enforcement, will ensure you get maximum value from your portfolio.

With regards to the business-friendly legislative and tax framework set-up by Luxembourg in matter of IP Law, CMS Luxembourg has developed a team which is able to assist you on the full range of IP matters. Furthermore, with 150 specialist lawyers in 33 countries, we understand your business needs and have worked with a wide range of customers. This approach can help you achieve your commercial goals.  

Our Intellectual Property team is able to assist you in a wide range of industry sectors and in all aspects of IP Law, such as:

  • Management of IP portfolio worldwide including filing, renewal, opposition;
  • Protection of registered and unregistered IP rights including patents, trademarks, designs;
  • Copyrights and neighbouring rights; 
  • Enforcement of IP rights including infringement and revocation actions in relation to trademarks, patents, designs, copyrights and neighbouring rights; 
  • Commercialisation of IP rights, including drafting and negotiating licenses, assignments, co-existence agreements and other commercial agreements involving the exploitation of IP rights; 
  • IP audits and strategic advice on trade mark, design and patent portfolios; 
  • Customs proceedings, parallel import and grey market issues;
  • Advising on database rights and IP rights in software and internet-based technologies. 

The right brands will win the hearts and minds of your customers. The right patents will prevent others exploiting your ideas or provide a substantial barrier to market access. Copyright, know-how and designs also play a vital role. However, legal discussions might arise concerning trade names, advertisements, slavish imitation and unauthorized publications. 

Thanks to our vast experience advising clients on intellectual and industrial property matters, we are able to understand your business needs and provide a strategy aligned to your sector, helping you to achieve your creative and commercial goals. We focus not only on IP disputes but also on portfolio management to provide extensive range of legal support for our clients.

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Paul Guite
August 2018
Sum­mer of sports 2018
14/06/2019
The EUIPO de­liv­ers its ver­dict on the long­stand­ing dis­pute between...
EUTM Can­cel­la­tion Ac­tion: (1) Pro­mote Ice­land, (2) The Iceland­ic Min­istry for For­eign Af­fairs and (3) SA – Busi­ness Ice­land v. Ice­land Foods Lim­ited. Back­ground Three Iceland­ic au­thor­it­ies (“Iceland­ic Ap­plic­ants”) filed an ap­plic­a­tion for a de­clar­a­tion of in­valid­ity.
27/06/2018
CMS Lux­em­bourg ex­pands its ex­pert­ise in In­tel­lec­tu­al...
13/06/2019
SPC Man­u­fac­tur­ing Waiver to come in­to ef­fect 1 Ju­ly 2019
Gen­er­ics com­pan­ies will soon be able to man­u­fac­ture SPC-pro­tec­ted drugs for ex­port out­side the EU un­der new man­u­fac­tur­ing waiver pro­vi­sions. In the last six months of the SPC life­time, it will also be al­low­able to man­u­fac­ture gen­er­ics for stock­pil­ing for “day.
30/05/2019
EPO's strict ap­proach to de­cid­ing if a com­pos­i­tion can be­ne­fit from...
The EPO Tech­nic­al Board of Ap­peal (TBA) re­viewed the law around nov­elty of use, and de­term­ined that in the case of Car­di­oPoly­mer, Inc. 's European pat­ent ap­plic­a­tion (EP07837908. 8), the claimed chem­ic­al en­tity did not qual­i­fy as a 'sub­stance or com­pos­i­tion'.
08/04/2019
A new age for copy­right reg­u­la­tion in the EU di­git­al mar­ket - Part...
The Dir­ect­ive on Copy­right in the Di­git­al Single Mar­ket (the “Dir­ect­ive”) has now been ap­proved by the European Par­lia­ment and once ad­op­ted by the Coun­cil of the EU it will form part of the EU Mem­ber States’ na­tion­al le­gis­la­tion by the end of the im­ple­ment­a­tion.
03/04/2019
A new age for copy­right reg­u­la­tion in the EU di­git­al mar­ket - Part...
The European Par­lia­ment voted on 26 March in fa­vour of the Dir­ect­ive on Copy­right in the Di­git­al Single Mar­ket (the “Dir­ect­ive”). If, as ex­pec­ted, it is ad­op­ted by the Coun­cil of the EU (rep­res­ent­at­ives of Mem­ber State gov­ern­ments) in mid-April, it will be­come.
01/04/2019
European Pat­ent Of­fice 2018 An­nu­al Re­port
The European Pat­ent Of­fice (EPO) 2018 An­nu­al Re­port was pub­lished this month show­ing cur­rent trends in the use of the sys­tem, as well as how the sys­tem is per­form­ing against qual­ity con­trol mark­ers. The US con­tin­ues to be the greatest user of the sys­tem in.
27/03/2019
Judg­ment on Ab­rax­is C-443/17; 21st March 2019
The CJEU de­livered its judg­ment last week on the case of Ab­rax­is v Comp­troller Gen­er­al of Pat­ents con­cern­ing Sup­ple­ment­ary Pro­tec­tion Cer­ti­fic­ates (SPCs) for new for­mu­la­tions of medi­cin­al products. The Court has ruled that Art­icle 3(d) of Reg­u­la­tion No 469/2009,.
13/02/2019
Dot eu do­main names in a no deal Brexit - What's the plan?
In­tro­duc­tion EUR­id is the private, in­de­pend­ent, not for profit or­gan­isa­tion that has op­er­ated the. eu TLD since 2003. Last year EUR­id re­por­ted the EU Com­mis­sion’s No­tice to Stake­hold­ers which an­nounced that in the event of a no deal Brexit, UK in­di­vidu­als and.
17/10/2018
Chin­a's courts pass con­tro­ver­sial rul­ings on open-source li­cen­cing
In a re­cent de­cision that could have leg­al im­plic­a­tions on the use of open-source soft­ware in China, the Beijing In­tel­lec­tu­al Prop­erty Court (BIPC) used a con­tro­ver­sial test to de­term­ine wheth­er soft­ware de­veloper YouZi in­fringed on copy­right or simply ex­ploited.
07/09/2018
Im­ple­ment­a­tion in­to Lux­em­bourg law of EU Dir­ect­ive 2016/943 on trade...
Al­though the im­ple­ment­a­tion should have been en­acted by 9 June 2018, Lux­em­bourg has fi­nally pub­lished, on 13 Au­gust, the first draft bill im­ple­ment­ing Dir­ect­ive 2016/943 on the pro­tec­tion of un­dis­closed know-how and busi­ness in­form­a­tion.