LUXEMBOURG Law and Practice Contributed by: Emmanuèle de Dampierre and Florentine Frias, Elvinger Hoss Prussen
12. Additional Considerations 12.1 Emerging Issues As of December 2024, 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 protected content by online con - tent-sharing service providers. Certain provid - ers of services are not concerned by these new rules, such as online marketplaces and providers of electronic communications services.
The entry into application of the Digital Services Act (EU Regulation 2022/2065) on 17 February 2024 also greatly impacts providers of digital ser - vices (online intermediaries and platforms), since illegal content is defined broadly and encom - passes illegal products, services and activities. Therefore, the sale of counterfeit goods or the non-authorised use of material protected under authors’ rights are targeted by the new rules set out in the Digital Services Act.
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