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1. Member raising question and answering

United States of America
Luxembourg

2. Category and subcategory

Copyright and Related Rights

3. Question

[Follow-up question] Has the TRIPS Agreement been self-executing in Luxembourg since 1 January 1996? In particular, can a rightholder from any other WTO Member country sue to enforce rights that are required to be granted by the TRIPS Agreement?

4. Answer

Yes, TRIPS is self-executing in Luxembourg. Yes, it is possible to sue on the basis of the TRIPS Agreement but there is no case law yet.
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