WILMap: Luxembourg

LEGISLATION

 
[providing that the President of the District Court ("Tribunal d'arrondissement") may issue an interim injunction, upon request of a person authorised to file an action for counterfeiting, against an intermediary whose services are used by a third party to infringe an intellectual property right designed to:
  1. prevent any imminent infringement to an intellectual property right;
  2. prohibit, on a temporary basis, the pursuit of the alleged infringements to an intellectual property right;
  3. subordinate the pursuit of the alleged infringements to the constitution of guarantees designed to ensure the indemnification of the requesting party; or
  4. order the seizure of the goods suspected to infringe an intellectual property right in order to prevent their introduction or their movement within the commercial channels (art 27)]
 
 
[providing that the civil or criminal liability for any infringement committed by way of a media lies on the contributor, if known, or by default, on the editor, or by default, on the diffuser (art 21). The notion of diffuser covers the intermediary providers as defined by articles 60, 61 and 62 of the law of 14 August 2000, as amended, on E-commerce (art 3(2)). Such infringements concerned, for example, infringements to privacy (art 14(1)), to the reputation or honor (art 16) or to the protection of minors (art 18)]
 
 
[providing that the judge may issue a cessation injunction against intermediaries whose services are used by third parties to infringe a copyright or a sui generis right on databases (Article 76).]
 
Law on E-commerce, as amended, August 14, 2000
 
[implementing almost verbatim the Directive 2000/31/EC of 8 June 2000 on E-commerce regarding the mere conduit (Article 60), caching (Article 61), and hosting (Article 62) exemptions for intermediaries, together with the exclusion of a general obligation to monitor (Article 63).]
 
Law Modifying the Regime of Patents, as amended, July 20, 1992
 
[providing that the judge may issue a cessation injunction against the intermediaries whose services are used by third parties to infringe patents (Article 80ter).]

BILLS AND PENDING PROPOSALS

[There are currently no known new legislative proposals on the issue of intermediary liability.] 

DECISIONS

Superior Courts

[There are currently non known superior courts' decision on the issue of intermediary liability]
 

Lower Courts

Tribunal d'arrondissement [District Court],  Civil, 31/2010, January 27, 2010
[defamation, media, cascading liability, identified author]
 
[recalling that the liability for any infringement committed by way of a media lies on the contributor, if known, or by default, on the editor, or by default, on the diffuser, in accordance with article 21 of the law of 8 June 2004, as amended, on the freedom of expression in the media. This cascading principle established a successive and isolated liability between the authors and co-authors of press-related offences and excludes the traditional principles of the civil law regarding tortious liability. In the present case, the author of the offence was identified and therefore, by application of article 21 of the law of 8 June 2004, as amended, on the freedom of expression in the media, his liability only should be retained]

OTHER RESOURCES

Luxembourg Ministry of Economy, Direction of E-commerce and Information Security, http://www.gouvernement.lu/3313559/minist-economie 

CONTRIBUTORS

Audrey Rustichelli and Salomé Steinberger
Email: audrey.rustichelli at bakermckenzie.com; salome.steinberger at bakermckenzie.com 

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