LUXEMBOURG Law and Practice Contributed by: Romain Tiffon and Marie Bentley, ATOZ Tax Advisers
Luxembourg competition law is primarily based on the Luxembourg Competition Act (Law of 23 October 2011, as amended). As Luxembourg is an EU member state, national courts must interpret domestic law in a manner compliant with EU law. This implies that EU competition law principles (including Articles 101 and 102 TFEU) are relevant in Luxembourg, and the legal framework follows an effects-based approach, where conduct may be assessed in light of its impact within the EU, even if carried out elsewhere. Article 5 of the Luxembourg Competition Act prohibits abuse of a dominant position. This mirrors Article 102 TFEU and covers unilateral conduct such as: • unfair pricing; • exclusionary practices; • refusal to supply; and • discriminatory conditions. This requires market dominance (not just strong bar - gaining power). Luxembourg authorities (eg, the Competition Author - ity) may act ex post in competition matters, including intervention in cases of abuse of dominance. In relation to the concept of abuse of economic dependence, Luxembourg does recognise the con - cept, but it is not as fully developed or codified as in some neighbouring countries (eg, France or Belgium). Abuse of economic dependence is addressed more indirectly, via: • general civil law principles; • unfair competition rules; and • contract law (good faith, imbalance, abuse of rights).
cation. Patent protection is also available for certain biotechnological inventions. A patent confers on its holder an exclusive right to exploit the invention and to prevent third parties from manufacturing, using, mar - keting, distributing or selling the patented invention without prior authorisation. To qualify for patent protection, an invention must: • be novel, meaning that it does not form part of the state of the art; • involve an inventive step, such that it is not obvious to a person skilled in the relevant field; • be capable of industrial application; and • not fall within any category expressly excluded from patentability. Registration Process To obtain a patent, full disclosure of the invention is mandatory. A patent application must include a suf - ficiently clear and complete description of the inven - tion, together with any necessary drawings, enabling a person skilled in the relevant field to reproduce the invention. It must also contain one or more claims defining the scope of the protection sought, which may relate to a product, process, device or specific use. In addition, the applicant must pay the applicable filing and procedural fees required for the grant of the patent. In exchange for this disclosure, a patent grants its holder exclusive rights for a maximum period of 20 years from the filing date of the patent application, subject to compliance with any applicable mainte - nance requirements. The right to a patent belongs to the inventor or their successor in title (any person who has acquired the right from the inventor). Any natural or legal person may apply for a patent. An application for a Luxembourg national patent must be filed with the Intellectual Property Office ( Office de la propriété intellectuelle – OPI) of the Ministry of the Economy. In addition to national protection, applicants may seek broader territorial coverage through:
7. Intellectual Property 7.1 Patents Definition
A patent is an industrial property right granted by the Luxembourg Ministry of the Economy that provides legal protection for inventions that are new, involve an inventive step and are capable of industrial appli -
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