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Intellectual Property

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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11/04/2024
Navigating clinical trial disclosures: No reasonable expectation of success...
Recent EPO Board of Appeal decision T 1437/21 adds to a growing number of decisions concerning the patentability of second or further medical use inventions where the prior art relates to a clinical trial...
03/04/2024
EP Case Law in Brief: Long-felt want and inventive step
“Where the invention solves a technical problem which workers in the art have been attempting to solve for a long time, or otherwise fulfils a long-felt need, this may be regarded as an indication of...
25/03/2024
Patentability of inventions relating to diagnostic methods at the EPO
Under Article 53(c) of the European Patent Convention (EPC), diagnostic methods practised on the human or animal body are excluded from patentability. The purpose behind this exclusion is to avoid patent...
18/01/2024
EP Case Law in Brief: Commercial success and inventive step
“Commercial success alone is not to be regarded as indicative of inventive step, but evidence of immediate commercial success when coupled with evidence of a long-felt want is of relevance provided...
01/12/2023
CMS Luxembourg Advent Calendar 2023
We are thrilled to unveil our #CMSLux­Ad­vent­Cal­en­dar23, featuring 24 essential legal insights for 2023 that will shape the legal landscape in 2024. Immerse yourself in the discovery of crucial new regulations right up to Christmas, and get ready to be informed about the major legal developments that will shape our year ahead. Stay tuned for our daily advent reveals starting!
21/11/2023
EP Case Law in Brief: Proof of common general knowledge
It is a common sight for a patent attorney – an EPO Examiner acknowledges that a claim is novel, but asserts a lack of inventive step over ‘D1’ in combination with ‘common general knowledge’...
07/11/2023
Description amendments at the EPO – the Appellant agrees with the need...
Description amendments bringing the content of the description in line with the allowed claims remain a controversial topic in the European practice. As reported previously, the Board of Appeal in T0056/21...
06/10/2023
The European Patent Office (EPO) ‘10-day rule’
By the Decision of the Administrative Council of 13 October 2022, a number of Rules of the Implementing Regulations to the European Patent Convention have been amended. These include Rule 126 (Notification...
28/09/2023
EP Case Law in Brief: Erroneous Disclosures
“Mistakes in a document do not in themselves constitute prior art such as to prevent the grant of a patent.”So begins section I.C. 4.9 of the Case Law of the Boards of Appeal. This statement, and...
15/08/2023
AI in healthcare inventions – technical or not technical?
SummaryRecent European Patent Office (EPO) Board of Appeal case T 1910/20 sits among a number of decisions regarding the discussion of what constitutes technical character in the field of healthcare...
28/07/2023
Description amendments at the EPO – uncertainty for not (too) much longer?...
Amending the description to conform with the claims remains a challenging element of European patent practice, particularly in view of the divergent case law in the subject, and varied approaches taken...
31/05/2023
UPC – the “Long-arm” jurisdiction
UPC Long-arm jurisdictionWith the UPC set to open its doors on 1 June 2023, just how far might its reach extend?Unless a European patent has been opted out of the UPC, the national courts and the UPC...