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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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The COV­ID-19 pan­dem­ic has had a dra­mat­ic im­pact on European health sys­tems, whose pri­or­ity first and fore­most is the treat­ment of pa­tients suf­fer­ing from this dis­ease both in the in-pa­tient and out-pa­tient...
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Art­icle in Sil­ic­on Lux­em­bourg
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The Cov­id-19 out­break has been de­clared a pub­lic health emer­gency of in­ter­na­tion­al con­cern by the World Health Or­gan­iz­a­tion, caus­ing un­pre­ced­en­ted im­pact on people's lives, busi­nesses and com­munit­ies....
August 2018
Sum­mer of sports 2018
18 Mar 20
European Pat­ent Of­fice - coronavir­us up­date
In light of the on­go­ing coronavir­us situ­ation the EPO has is­sued guid­ance re­gard­ing its dead­lines. Time peri­ods ex­pir­ing on or after the date of pub­lic­a­tion of their no­tice are ex­ten­ded for all parties...
27 Jun 18
CMS Lux­em­bourg ex­pands its ex­pert­ise in In­tel­lec­tu­al...
10 Mar 20
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Ar­ti­fi­cial in­tel­li­gence (AI) has now reached al­most all areas of life: mo­bil­ity, trade and health, to name but a few. As a res­ult, the EU Com­mis­sion has sum­mar­ised its vis­ion for the fu­ture of AI and...
28 Feb 20
Pat­ent­ing Ar­ti­fi­cial In­tel­li­gence and quantum tech­no­lo­gies
IP and Life Sci­ence ana­lys­is: Caitlin Heard, IP Lit­ig­a­tion Part­ner, and Rachel Free, Pat­ent At­tor­ney and Part­ner, at CMS Camer­on McK­enna, dis­cuss the ap­plic­ab­il­ity of Ar­ti­fi­cial In­tel­li­gence (AI) and...
03 Feb 20
SkyKick: Good news for brand own­ers - the CJEU's rul­ing main­tains...
Sum­mary The eagerly awaited judg­ment in the SkyKick case (C-371/18) was pub­lished on Wed­nes­day. The case relates to ques­tions re­ferred to the CJEU by the UK High Court in trade mark in­fringe­ment pro­ceed­ings...
31 Jan 20
A Short Guide: Pri­or­ity En­ti­tle­ment at the EPO
Art­icle 87 EPC Pri­or­ity right (1) Any per­son who has duly filed, in or for (a) any State party to the Par­is Con­ven­tion for the Pro­tec­tion of In­dus­tri­al Prop­erty or (b) any Mem­ber of the World Trade Or­gan­iz­a­tion,...
31 Jan 20
UK In­tel­lec­tu­al Prop­erty Of­fice finds that pat­ent law does not cater...
The UK In­tel­lec­tu­al Prop­erty Of­fice has found that DABUS is not a per­son and so can­not be con­sidered an in­vent­or of a pat­ent. DABUS is an ar­ti­fi­cial in­tel­li­gence (AI) ma­chine. The UKIPO ac­cep­ted the in­dic­a­tion...