LUXEMBOURG Law and Practice Contributed by: Emmanuèle de Dampierre, Elvinger Hoss Prussen
The holder of the goods is notified within one working day of the suspension of the release of the goods or the detention of the goods by the customs authorities. Both the rights-holder and the declarant have the pos - sibility to inspect the goods. Several scenarios can then take place, including the destruction of the goods if the rights-holder has con - firmed in writing within ten working days (or three working days in the case of perishable goods) that an IP right has been infringed and that they agree to the destruction of the goods, and if the holder of the goods has also agreed, within the same deadline, on the destruction of the goods or remained silent. If the conditions for destruction of the counterfeits are not met, the rights-holder must initiate proceedings to determine whether an IP right has been infringed, within ten working days of notification of the suspen - sion of the release or the detention of the goods. Oth - erwise, the goods will be released. Customs authorities can also act without an express request from the rights-holder if they identify goods suspected of infringing an IP right. In such case, they endeavour to locate the rights-holder or the person or entity potentially entitled to submit the application. If no application is submitted, the goods are released. 11. Appeal 11.1 Appellate Procedure Trade mark and authors’ rights infringement decisions can be appealed to the Court of Appeal. With respect to trade marks, decisions rendered by the BOIP can be appealed to the Benelux Court of Justice. 11.2 Timeframes for Appealing Trial Court Decisions An appeal to the Court of Appeal must, in principle, be lodged within 40 days from the day of notifica -
tion of the judgment. This timeframe is increased by a distance delay for those domiciled abroad. Indeed, persons residing abroad benefit from a distance peri - od when legal proceedings are brought against them before a Luxembourg court. This period varies from 15 to 35 days, depending on the place of residence of the defendant. An appeal may be lodged against the summary order within 15 days of notification. The timeframe for filing an appeal to the Benelux Court of Justice is two months from notification of the BOIP final decision. As of December 2025, Luxembourg courts have not yet rendered any published decisions on the impact of trade mark and authors’ rights laws on the use of artificial intelligence. 12.2 Trade Mark and Copyright Use on the Internet The Authors’ Rights Law was modified in 2022 to transpose the new Copyright Directive (EU Directive 2019/790), creating an authorisation mechanism and a new liability regime regarding specific uses of pro - tected content by online content-sharing service pro - viders. Certain providers of services are not affected by these new rules, such as online marketplaces and providers of electronic communications services. The Digital Services Act (EU Regulation 2022/2065) also greatly impacts providers of digital services (online intermediaries and platforms), since illegal content is defined broadly and encompasses illegal products, services and activities. Therefore, the sale of counterfeit goods and the non-authorised use of material protected under authors’ rights are targeted by the new rules set out in the Digital Services Act. 12. Additional Considerations 12.1 Emerging Issues
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