Database

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LUXEMBOURG

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
The European Union and Luxembourg have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal

LUXEMBOURG

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
The European Union and Luxembourg have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal

LUXEMBOURG

Since June 2016
Since June 2019

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)

Law of 26 June 2019 on the Protection of Undisclosed Know-How and Commercial Information (Trade Secrets) Against Illicit Acquisition, Use and Disclosure (Loi du 26 Juin 2019 sur la Protection des Savoir-Faire et des Informations Commerciales Non Divulgués (Secrets d’Affaires) Contre l’Obtention, l’Utilisation et la Divulgation Illicites)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets.
The Law of 26 June 2019 on Trade Secrets (the Trade Secrets Act) implements into Luxembourg law the EU Directive No 2016/943 of 8 June 2016 on the protection of trade secrets against their unlawful acquisition, use and disclosure. The Law provides a legal definition of “trade secrets”, which was until now only defined by the courts. The Trade Secrets Law fills a gap for businesses for which trade secrets have significant commercial value but do not satisfy the conditions to be protected under intellectual property law or are not registered as an industrial property title (on a voluntary basis) because of their confidential nature.
Coverage Horizontal

LUXEMBOURG

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Lack of obligation for passive infrastructure sharing
It is reported that passive sharing of telecom infrastructure is not mandated by law, but it is practised in the mobile sector. Under Art. 44 of the Law on Electronic Communications Networks and Services, the regulator has the possibility of authorising the sharing and co-location of resources.
Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector

LUXEMBOURG

Since 1992

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that POST Luxembourg (formerly Entreprise des Postes et Télécommunications) is a wholly state-owned company. In addition, it is reported that LuxConnect is a wholly state-owned company. LuxConnect is a Luxembourg-based company that specialises in providing data centre and connectivity services. It operates as a national provider of ICT (Information and Communications Technology) infrastructure for Luxembourg's public and private sectors.
Coverage Telecommunications sector

LUXEMBOURG

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that there is no requirement for functional separation for operators with significant market power. However, accounting separation is required in certain cases, e.g. if annual turnover exceeds 50 Million Euros for the activities related to the operation of electronic communication networks and services.
Coverage Telecommunications sector

LUXEMBOURG

Since March 2004, last amended in February 2014
Since April 2018

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)

Law of 8 April 2018 on Public Procurement (Loi du 8 Avril 2018 sur les Marchés Publics)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Luxembourg, the Directive has been transposed with Art. 147 of the Law on Public Procurement.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment

LUXEMBOURG

Since April 2018

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law of 8 April 2018 on Public Procurement (Loi du 8 Avril 2018 sur les Marchés Publics)
Art. 62 of the Law on Public Procurement states that the contracting authorities shall grant public procurement participants of countries with which Luxembourg or the EU has international commitments (through the Government Procurement Agreement and other international conventions) treatment no less favourable than that accorded to participants from the European Union. Thus, equal treatment is not granted to operators from other countries.
Coverage Horizontal

LUXEMBOURG

Reported in 2019, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Open environment for foreign investment
It is reported that there are no specific restrictions on foreign ownership or control and no sectoral limitations. The country conducts a general review of foreign investments, similar to that applied to domestic investments.
Coverage Horizontal

LUXEMBOURG

Since July 2023, entry into force in September 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Act of 14 July 2023 Establishing a Mechanism for the National Screening of Foreign Direct Investment Likely to Undermine Security or Public Order for the Purposes of Implementing Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 Establishing a Framework for the Screening of Foreign Direct Investment in the Union, as Amended (Loi du 14 Juillet 2023 Portant Mise en Place d'un Mécanisme de Filtrage National des Investissements Directs Étrangers Susceptibles de Porter Atteinte à la Sécurité ou à l'Ordre Public aux Fins de la Mise en Œuvre du Règlement (UE) 2019/452 du Parlement Européen et du Conseil du 19 Mars 2019 Établissant un Cadre pour le Filtrage des Investissements Directs Étrangers dans l’Union, Tel que Modifié)
The Luxembourg Act of 14 July 2023, which establishes a new foreign direct investment (FDI) regime, applies to investments in critical sectors such as telecommunications, data processing/storage, and media (Art. 2) by investors from outside the European Economic Area (foreign investors). These investments allow foreign investors to exercise direct or indirect control over entities established under Luxembourg law. According to Art. 3, any investment subject to this FDI regime must be notified to the Ministry of the Economy and receive authorisation before implementation.
Control is considered acquired when a foreign investor meets any of the following thresholds: holding 25% of the voting rights in the Luxembourg entity; holding a majority of the voting rights of shareholders or partners, with multiple notifications required for multi-stage acquisitions; having the right to appoint or remove the majority of board members while being a shareholder or partner; or controlling a majority of voting rights through agreements with other shareholders or partners.
The FDI Law also classifies as critical any research, production, or supplementary activities that could provide access to sensitive information or locations directly related to these sectors.
Coverage Critical sectors

LUXEMBOURG

Since July 1992, last amended in May 1998

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Law of 20 July 1992 on the Changes in the System for Patents for Invention (Loi du 20 Juillet 1992 Portant Modification du Régime des Brevets d'Invention)
Art. 83 of the Law of July 20, 1992, on the Changes in the System for Patents for Invention (so-called Patent Act), establishes a local representation requirement for applicants without domicile or headquarters in the territory of the European Union.
Coverage Horizontal
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ITA: [{"meta_value":"EU"}]

LUXEMBOURG

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.62%
Coverage rate of zero-tariffs on ICT goods (%)
77.76%
Coverage: Digital goods

LITHUANIA

Since 2010

Pillar Online sales and transactions  |  Sub-pillar Local presence requirements for digital services providers
Rules on the Registration on the Registry of the Value Added Tax Payers (Dėl įregistravimo į pridėtinės vertės mokesčio mokėtojų registrą/Išregistravimo Iš pridėtinės vertės mokesčio mokėtojų registro taisyklių)
According to Art. 27 of the Rules on the Registration of VAT payers, foreign persons established outside the territory of the European Union must register for VAT through a branch in Lithuania or, if they have several branches, through one of them. If they do not have such branches, they must register through a designated fiscal agent in the Republic of Lithuania.
Coverage Horizontal

LITHUANIA

Since June 2014
Since November 1994

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Law on Consumer Protection (Patērētāju tiesību aizsardzības likums)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Law on Consumer Protection.
Coverage Horizontal

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