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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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04/08/2021
3D shape of a lip­stick ac­cep­ted as an EU trade mark by the Gen­er­al Court
It is no­tori­ously dif­fi­cult to re­gister shapes as trade marks, be­cause con­sumers are not ac­cus­tomed to identi­fy­ing the ori­gin of spe­cif­ic products based on their ap­pear­ance alone without any oth­er graph­ic...
25/06/2021
Double pat­ent­ing: leg­al fact or fic­tion? (G4/19)
The En­larged Board of Ap­peal (EBA) has this week re­leased its de­cision re­gard­ing the is­sue of double pat­ent­ing. The concept of double pat­ent­ing will be fa­mil­i­ar to those work­ing in the pat­ent field. It...
14/06/2021
EPO ap­proach to ex­amin­ing com­puter im­ple­men­ted in­ven­tions
On Tues­day 25 May 2021, Heli Pih­la­jamaa, dir­ect­or of pat­ent law at the European Pat­ent Of­fice, gave a present­a­tion to CIPA’s com­puter tech­no­logy com­mit­tee on the Pat­entab­il­ity of com­puter-im­ple­men­ted...
11/06/2021
European Com­mis­sion’s IoT Sec­tor In­quiry: Pre­lim­in­ary Re­port pub­lished,...
On 9 June 2021, the European Com­mis­sion pub­lished its Pre­lim­in­ary Re­port on the con­sumer In­ter­net of Things (the “IoT”) Sec­tor In­quiry which it launched last sum­mer (see press re­lease here and Q&As...
08/06/2021
Trade secrets in Lux­em­bourg
Gen­er­al 1. Has the Dir­ect­ive (EU) 2016/943 of the European Par­lia­ment and of the Coun­cil of 8 June 2016 on the pro­tec­tion of un­dis­closed know-how and busi­ness in­form­a­tion (trade secrets) against their...
Comparable
04/06/2021
Video­con­fer­ence or­al pro­ceed­ings be­fore The European Pat­ent Of­fice (G1/21)
The European Pat­ent Of­fice (EPO) was due to hear the re­fer­ral in G1/21 on Fri­day 28 May 2021 con­cern­ing the ques­tion of wheth­er the con­duct of or­al pro­ceed­ings in the form of a video­con­fer­ence is com­pat­ible...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
28/05/2021
Play­ing in bad faith? Has­bro’s ‘Mono­poly’ no longer ever­green
The Gen­er­al Court has up­held the de­cision of the EUIPO Board of Ap­peal (‘BOA’) in the case of Has­bro, Inc. v EUIPO (T-663/19), that Has­bro ac­ted in bad faith in its re-fil­ing (or so called “ever­green­ing”)...
14/05/2021
Re­cord­ing an as­sign­ment at the European Pat­ent Of­fice
Doc­u­ment sign­ing has presen­ted nov­el chal­lenges in the new re­mote-work­ing en­vir­on­ment. Re­cord­ing an as­sign­ment at the European Pat­ent Of­fice (EPO) can be straight­for­ward provided that the form­al re­quire­ments...
21/04/2021
Lego A/S v EUIPO: Lego re­tains design re­gis­tra­tion for its icon­ic Lego...
The Second Cham­ber of the Gen­er­al Court in Lego A/S v EUIPO (Case T-515/19) has an­nulled a de­cision of the EU In­tel­lec­tu­al Prop­erty Of­fice (“EUIPO”) to de­clare in­val­id the design of a Lego brick...
23/03/2021
The En­larged Board of the European Pat­ent Of­fice has giv­en a mo­ment­ous...
The En­larged Board of the European Pat­ent Of­fice heard or­al ar­gu­ments in Ju­ly 2020 con­cern­ing pat­entab­il­ity of a com­puter soft­ware in­ven­tion.  This rare event was video streamed to over 1600 pat­ent stake­hold­ers...
05/03/2021
New EPO Guidelines on an­ti­body claims provide fur­ther clar­ity for ap­plic­ants
In­tro­duc­tion The EPO has now pub­lished their re­vised Guidelines for Ex­am­in­a­tion 2021[1] which con­tain new sec­tions de­tail­ing EPO prac­tice in re­la­tion to an­ti­bod­ies for the first time, en­ter­ing in­to force...