Intellectual property

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General considerations

Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.

The main function of intellectual property rights is to protect and encourage the development and distribution of new products and the provision of new services based on the creation and the exploitation of inventions, trademarks, designs, creative content or other intangible assets.

The exploitation of intellectual property rights is one of the main methods by which companies, creators and inventors generate returns on investments they make into knowledge, innovation and creation.

Indeed, intellectual property rights confer an exclusive right upon their holders, which translates into a legal monopoly over their invention and their creation, i.e. the means to decide, for a specified and limited period, how their inventions and creations should be used, reproduced and marketed.

Before devising a strategy related to intellectual property rights, it is vital to understand and take account of the different nature of each type of intellectual property right. Each type of intellectual property right is governed by a specific legal framework based on a distinct objective and specific logic.

An adapted strategy and approach is therefore required to add value to your intangible assets.

Intellectual property rights can be divided into two main branches:

  • industrial property, which includes patents, drawings or models and brands;
  • copyright and related rights, which protect literary and artistic works.

The main difference between the two main areas of intellectual property, is that industrial property rights must be registered with a national, regional, European or international office in order to be protected, whereas no formality is required for copyright and related rights, on the condition that the conditions of originality and materiality are met.

All intellectual property rights are territorial rights. Consequently, each country has its own legislation and its own framework for the subject.

Economic considerations

Intellectual property is a means of promoting the economic development of companies, creators and inventors, by strengthening the competitive position at a national, regional, european and international level.

The four main advantages for companies, creators and inventors to use intellectual property are as follows:

  • to encourage innovation and creativity: intellectual property rights encourage research, development and creativity by granting companies, inventors and creators a legal monopoly that offers them the ability to make a profit from their investments.
  • to increase the value of creations and inventions: intellectual property makes it possible to enhance the creations and inventions for contractual and commercial partners and to establish notoriety on the market and with users;
  • to increase credibility: the acquisition of intellectual property rights increases credibility with investors, financial partners and users;
  • to promote opportunities for expansion: national, regional, European or international protection may provide new commercial opportunities for companies and rights holders.

The Office for Intellectual Property

Within the context of the government policy for multisectoral diversification, the companies and stakeholders concerned are encouraged to integrate aspects related to intellectual property in their research and development strategies.  

The Office for Intellectual Property (OPI, Office de la propriété intellectuelle) is responsible for defining and implementing the general policy, the administrative, legislative and regulatory components regarding intellectual property (patents, trade marks, designs, copyright and related rights), whereas, by offering support and guidance services, the Intellectual Property Institute Luxembourg (IPIL-GIE, Institut de la Propriété Intellectuelle Luxembourg), is the first point of contact for companies and for stakeholders in the field of research.

Tasks of the Office for Intellectual Property:

  • to coordinate national policy alongside the public and private national stakeholders;
  • to legislate regarding intellectual property (patents, trade marks, designs, copyright and related rights);
  • to provide information on legal and practical questions (patents, trade marks, designs, copyright and related rights);
  • to conduct the administrative and accounting management of patents on inventions and complementary protection certificates (through the intermediary of the Benelux Patent Platform (BPP));
  • to represent Luxembourg within organisations and committees of European and international experts;  
  • to pursue awareness-raising activities (these activities are generally organised in collaboration with the IPIL;
  • to monitor collective management bodies.