Trade-Related Aspects of Intellectual Property Rights - Review of TRIPS Implementing Legislation

1. Member raising question and answering

Member raising question

United States of America

Member answering

Luxembourg

6. Article 1 of Luxembourg's copyright law grants protection to certain collections of works. However, because this article does not explicitly refer to databases of factual information (for which there is no underlying work) as protected subject matter, it is clear whether such databases are protected. Article 10 TRIPS requires that databases based on factual information that constitute intellectual creations by reason of the selection or arrangement of their contents be protected. Please explain whether and how these databases of factual information are protected under Luxembourg Law.

4. Answer

Databases which constitute an intellectual creation according to the conditions of paragraph 5, Article 1, are protected as literary works (collections). Indeed the list of Article 1, paragraph 1 is not exhaustive.

1. Member raising question and answering

2. Category and subcategory

3. Question

4. Answer