LUXEMBOURG Law and Practice Contributed by: Emmanuèle de Dampierre and Florentine Frias, Elvinger Hoss Prussen
Trade mark rights are transmissible upon death, as they are considered movable assets ( bien meuble ). It is possible to assign an application for a Ben - elux trade mark. However, enforcing such title would be difficult while the application is pend - ing. Authors’ Rights The Authors’ Rights Law provides that, vis-à-vis the author, the assignment of economic rights must be proved in writing and is interpreted restrictively in the author’s favour. This require - ment does not exist for moral rights. The assignment of modes of exploitation unknown at the date of the assignment contract is only authorised if it is subject to specific remu - neration. In the context of the transposition into Luxembourg law of Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market, it has been specified since April 2022 that authors are entitled to appropri - ate and proportionate remuneration when they license or transfer their exclusive rights for the exploitation of their works. The partial assignment of authors’ rights is permitted to the extent that the holder of the authors’ rights may decide to assign specific economic rights or moral rights and not others to a third party. Authors’ rights are transmissible upon death. 6.2 Licensing Requirements or
of the Benelux territory, and can be exclusive or non-exclusive. The licence will become oppos - able against third parties only after its recordal on the BOIP register and the payment of the fees due. In practice, most licences are put in writing. It is possible to license an application for a Ben - elux trade mark. However, enforcing such title would be difficult while the application is pend - ing. Authors’ Rights The legal regime provided for the assignment of economic rights also applies to the licensing of economic rights. Therefore, vis-à-vis the author, the licensing of economic rights must be proved in writing and is interpreted restrictively in the author’s favour. Since April 2022, the Authors’ Rights Law has also provided that authors are entitled to appropriate and proportionate remu - neration when they license their exclusive rights for the exploitation of their works. The licensing of authors’ rights may be granted on an exclusive basis or a non-exclusive basis. Licences cannot be perpetual, since authors’ rights are limited in time. Licences can be grant - ed for the whole legal period of protection. 6.3 Registration or Recording of an Assignment or Licence If opposability against third parties is sought, a trade mark assignment or licence will have to be registered on the BOIP register. The assignment or licence remains valid between the parties in the absence of registration. Assignments or licences of authors’ rights do not need to be registered or recorded since there is no register of authors’ rights in Luxembourg.
Restrictions Trade Marks
Benelux trade marks may be licensed for some or all of the goods or services for which they are registered. Licences can cover the whole or part
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