Intellectual property

Intellectual property (IP) law protects intangible assets such as brands, logos, names, creations, content, inventions and product appearance. Software is also considered an IP asset, and even databases may be protected by IP. Protection against unfair competition or parasitism is regularly analysed in the context of IP.

Elvinger Hoss Prussen has one of the biggest teams of advisory and litigation lawyers specialising in IP law in Luxembourg.

Our clients

Our firm offers advice on IP to Luxembourg groups and companies with domestic and/or international operational and corporate activities from a wide range of sectors including media & communications, e-commerce, finance, health care, investment funds and asset management, IT, automotive, software, space, and food distribution and delivery.

We also support non-profit organisations active in various sectors, in particular in the fields of health and education.

Our services

We assist our clients in all areas of IP law:

• Trademarks
• Patents
• Designs
• Authors’ rights and related rights
• Domain names and company names/trade names

Our assistance extends to advisory, pre-litigation and litigation matters, including:

• Drafting, reviewing and negotiating IP-related agreements or clauses (consultancy or service agreements, IP assignment agreements, IP license agreements, IP clauses in employment contracts, trademark coexistence agreements, IT agreements, partnership agreements, franchise agreements, etc.)
• Drafting, reviewing and negotiating IP security agreements in relation to financing transactions
• Advising on software acquisition and licensing, software protection, including in relation to artificial intelligence
• Providing legal advice, recommendations and action plans for any IP-related matter
• Assisting on the IP aspects of M&A and private equity transactions: due diligence reports, transaction documents review
• Implementing trademark strategies, structuring and expanding IP portfolios
• Assisting in the defence of trademark rights in key IP offices (Benelux Office for Intellectual Property, BOIP; and European Union Intellectual Property Office, EUIPO)
• Assisting in the defence of IP rights in Luxembourg courts (infringement and unfair competition actions)