ADVERTISING FEATURE
By advising its clients on the practical application of this IP tax regime, Office Freylinger allows IP owners to maximise the exploitation and management of the above-mentioned eligible IP rights by granting an 80 percent tax exemption on the net revenues generated by the IP rights.
Te experts of Office Freylinger help their clients in determining the conditions and in setting up the legal basis required for this exemption. Tey assist clients in defining the revenue flows, of which 80 percent of the revenues, minus costs linked to the generation and protection of IP revenues, are totally exempt
from taxation.
Only 20 percent of net IP revenues are subject to the usual taxation of about 30 percent. Tis IP tax regime therefore allows for the taxation of net IP revenues at an actual rate of around six percent. Tis applies also to the net capital gain when IP rights are sold to a third party.
Tanks to its broad array of double-tax treaties with foreign countries, royalty fees paid to Luxembourg are oſten subject to no withholding tax and, if any, at a lower, preferential rate. Tis further advantage limits the total cost of creating and maintaining an IP revenue flow to Luxembourg.
In line with international agreements, the Luxembourg tax authorities require a local presence, ie, local management of IP rights. Office Freylinger has developed specific services to support companies in managing their IP rights, including contract draſting, the management of IP rights transfers to Luxembourg, the protection and management of new and existing rights in line with the tax authorities’ requirements and online access to portfolios.
“OFFICE FREYLINGER HAS DEVELOPED SPECIFIC SERVICES TO SUPPORT COMPANIES IN MANAGING THEIR IP RIGHTS, INCLUDING CONTRACT
DRAFTING, AND THE MANAGEMENT OF IP RIGHTS TRANSFERS TO LUXEMBOURG.”
Practical advantages
As the free movement of goods and services leads to an easy transfer of them into other EU countries, we observe that conflicts are generally not limited to one country, but stretch across borders to other EU countries. Te ability to attack or defend a case in several jurisdictions is a key aspect when considering launching a new product or service, or when involved in this type of dispute.
Luxembourg, with its multicultural approach and its strategic location at the heart of Europe, is the place to manage not only IP rights, but also IP rights conflicts.
108 World Intellectual Property Review Annual 2014
www.worldipreview.com
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