LUXEMBOURG Law and Practice Contributed by: Romain Tiffon and Marie Bentley, ATOZ Tax Advisers
• relate to the appearance of an industrial or handi - craft product, or part thereof; • be new; • possess individual character, creating a different overall impression on the informed user; and • derive from the product’s visual features rather than its technical function. Purely functional features, as well as immaterial con - cepts or ideas, are not eligible for protection. Design protection may be obtained through either: • a single design application covering one design; or • a multiple design application covering several designs falling within the same class under the International Classification for Industrial Designs. In the Benelux region, design registration provides pro - tection in Belgium, Luxembourg and the Netherlands, as national registrations no longer exist separately. Applicants seeking broader protection may apply for a Registered Community Design, which affords protec - tion throughout the European Union. Where protection is required beyond the EU, applications may be filed through the World Intellectual Property Organization (WIPO) under the international design registration sys - tem. At Luxembourg level, registering a simple drawing or design costs EUR108 plus EUR10 per representation (photo, illustration, etc). At European level, a single application is subject to a fee of EUR350. A registered design grants its holder an exclusive right to use the design and to prevent unauthorised use of identical or substantially similar designs. Registered designs benefit from an initial protection period of five years from the filing date, which may be renewed in successive five-year periods up to a maximum term of 25 years. Enforcement and Remedies The holder of a registered design may enforce its rights before the Luxembourg District Court. In urgent circumstances, the design holder may also seek inter - im relief through summary proceedings before the President of the Luxembourg District Court, including
injunctions aimed at preventing or immediately stop - ping infringement. Under the Community Designs Regulation, an unreg - istered design that has been made available to the public within the European Union benefits from pro - tection for three years from the date of first disclosure. EU law also provides limited protection (for three years from the date of first disclosure) for unregistered designs that have been disclosed to the public within the European Union. Unlike registered designs, the holder of an unregistered design may only prevent use that results from the copying of the protected design. Registration therefore offers significantly broader protection, as it enables the holder to prohibit unau - thorised use irrespective of whether copying can be demonstrated. The enforcement mechanisms and remedies available for unregistered designs are substantially the same as those applicable to registered designs. 7.4 Copyright Definition Copyright is the legal protection granted to the crea - tor of an original literary, scientific or artistic work. In Luxembourg, copyright is governed by the Act of 18 April 2001 on Copyright, Related Rights and Data - bases, as amended. Copyright protection applies to original works that reflect the author’s own intellectual creation and have been expressed in a tangible or identifiable form. Pro - tected works include, among others: • literary works; • artistic creations; • computer programs; and • databases. Mere ideas, concepts or methods are not protected. Protection Copyright protection arises automatically upon the creation of an original work and is not subject to any registration or other formality. The author acquires exclusive rights in the work from the moment of its
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