LUXEMBOURG Law and Practice Contributed by: Emmanuèle de Dampierre and Florentine Frias, Elvinger Hoss Prussen
3.9 Refusal of Registration This is not applicable in Luxembourg. 3.10 Related Rights
• ALGOA ( Association Luxembourgeoise de Gestion des Œuvres Audiovisuelles /Luxem - bourg Association for the Management of Audiovisual Works) tracks and distributes royalties essentially on the retransmission of the products of independent producers repre - sented by AGICOA in Luxembourg. • AGICOA EUROPE ( Association pour la Ges- tion Collective des Œuvres Audiovisuelles en Europe /Association for the Collective Man - agement of Audiovisual Works in Europe) negotiates, collects and distributes royalties from the use of audiovisual works (via cable, satellite, mobile or any other similar means) and assists with the resolution of conflicts with other rights holders. The collective management organisations may also have the power to: • negotiate licences; • represent rights holders; and • defend the interests of their members, includ - ing in court (under certain conditions). 3.7 Copyright Registration In Luxembourg, authors’ rights protection is automatic as long as the work created is origi - nal. Authors’ rights protection is not subject to registration, so there is no authors’ rights register in Luxembourg. In Luxembourg, a special notice of authors’ rights ownership is not required for an original work to be protected. The copyright symbol © may be used to draw the attention of the public to the existing authors’ rights protection over a particular work, but such use is made on a vol - untary basis. 3.8 Copyright Application Requirements This is not applicable in Luxembourg.
A work protected by authors’ rights (such as a logo) may also be protected by trade mark or drawing/design, provided that the respective conditions for protection are met. 4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration Pursuant to the Benelux Convention, the exclu - sive rights granted to the owner of a Benelux trade mark are subject to registration of the trade mark (except for well-known trade marks). 4.2 Trade Mark Register A trade mark register listing Benelux trade marks registered with the BOIP, EU trade marks and international trade mark applications designat - ing the Benelux is publicly available via the BOIP website. It is recommended (but not mandatory) to search the BOIP register for prior Benelux trade marks before applying to register a trade mark. 4.3 Term of Registration Registration of a Benelux trade mark lasts for ten years (as of the date of filing), and may be renewed for further periods of ten years (indefi - nitely if not cancelled or revoked in the mean - time). Renewal will take place upon the payment of the renewal fees, which should be paid within the six months immediately preceding the expiry of the registration or of the subsequent renewal thereof. Failing that, the fees can be paid within
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