Industrial Designs Law in Luxembourg
Industrial designs law in Luxembourg is governed primarily by national legislation in line with European Union regulations and international treaties. Here's a concise overview of how industrial design protection works in Luxembourg:
🔹 Legal Framework
National Law:
The principal law governing industrial designs is the Law of July 18, 2018, on the organization of the Intellectual Property Office and amending certain laws relating to intellectual property.
This law includes provisions on the protection of industrial designs, implementing the EU Directive 98/71/EC on the legal protection of designs.
EU Legislation:
Luxembourg follows EU design law, including:
Council Regulation (EC) No 6/2002 on Community designs.
This provides Registered Community Designs (RCDs) and Unregistered Community Designs (UCDs) that apply across all EU member states, including Luxembourg.
International Agreements:
Luxembourg is a member of the Hague Agreement concerning the International Registration of Industrial Designs (administered by WIPO).
Also bound by the Paris Convention and TRIPS Agreement.
🔹 What Can Be Protected
An industrial design refers to the appearance of a product: its shape, lines, contours, colors, texture, or materials.
Must be new and have individual character.
Excludes designs dictated solely by technical function or those contrary to public order/morality.
🔹 How to Register a Design
National Registration:
File with the Intellectual Property Office (Service de la propriété intellectuelle, Ministry of the Economy).
Duration: Initial 5 years, renewable every 5 years up to 25 years.
Community Design (EU-wide):
Register through EUIPO (European Union Intellectual Property Office) for protection across the EU.
International Registration:
Via WIPO using the Hague System, designating Luxembourg or the EU.
🔹 Unregistered Designs
Under EU law, Unregistered Community Designs offer protection for 3 years from the date the design is first made available to the public within the EU.
This applies automatically, but only for protection against copying.
🔹 Enforcement & Infringement
Design owners can take action in civil court to:
Stop infringing acts.
Claim damages.
Request destruction or seizure of infringing goods.
Customs measures are also available to block counterfeit goods at the border.
🔹 Useful Links
Luxembourg Intellectual Property Office
EUIPO (Community Design Registration)
WIPO Hague System
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