Apply for the New ECTA Mediation Committee by 6 September!
We are excited to announce another significant development in our association's scope of activities. During the ECTA Annual Conference in Antwerp, ECTA governing bodies decided to broaden our horizons into interest-based dispute resolution by establishing the new ECTA Mediation Committee.
This decision follows the recent creation of the EUIPO Mediation Center and the growing use of mediation in IP disputes, as well as the expertise and interest in mediation detected among our members in the survey conducted earlier last year.
We are now opening applications for ECTA members to join this Committee. If you are not a member but wish to join the Committee, please submit your ECTA membership application here first.
ECTA members are invited to apply, if they have expertise in two or more of the following fields:
• Experience as an external, independent, neutral mediator or representation of clients as counsel in mediation in at least 5-10 IP cases
• Completion of specific training to work as a mediator
• Certification of your training based on the regulations of a Member State of the EU
• Experience working as a mediator in formal mediation proceedings of national or international authorities or organizations (e.g. WIPO Arbitration and Mediation Center, EUIPO Mediation Center)
If you have the required expertise mentioned above or have other interest based dispute resolution experience and a keen interest in the topic and wish to join the new ECTA Mediation Committee, please apply here by 6 September!
Results of the application process will be communicated to candidates in September. Selected candidates can serve on the Mediation Committee until the General Committee Elections in 2027, thus they will be automatically considered elected when we hold the General Committee Elections period in 2025.
The first meeting of the ECTA Mediation Committee will be held online in October 2024 (exact date TBC), while the first physical meeting will be held during the ECTA Annual Conference in Berlin, 18-21 June 2025.
*Please note that, according to our internal rules, ECTA members can participate in only one Committee at a time. If you are currently a member of another ECTA Committee but wish to join the ECTA Mediation Committee, be aware that the acceptance of your application to the Mediation Committee will automatically cancel your participation in your current Committee.
We look forward to receiving your applications and enhancing ECTA expertise and members’ knowledge in this field.
This decision follows the recent creation of the EUIPO Mediation Center and the growing use of mediation in IP disputes, as well as the expertise and interest in mediation detected among our members in the survey conducted earlier last year.
We are now opening applications for ECTA members to join this Committee. If you are not a member but wish to join the Committee, please submit your ECTA membership application here first.
ECTA members are invited to apply, if they have expertise in two or more of the following fields:
• Experience as an external, independent, neutral mediator or representation of clients as counsel in mediation in at least 5-10 IP cases
• Completion of specific training to work as a mediator
• Certification of your training based on the regulations of a Member State of the EU
• Experience working as a mediator in formal mediation proceedings of national or international authorities or organizations (e.g. WIPO Arbitration and Mediation Center, EUIPO Mediation Center)
If you have the required expertise mentioned above or have other interest based dispute resolution experience and a keen interest in the topic and wish to join the new ECTA Mediation Committee, please apply here by 6 September!
Results of the application process will be communicated to candidates in September. Selected candidates can serve on the Mediation Committee until the General Committee Elections in 2027, thus they will be automatically considered elected when we hold the General Committee Elections period in 2025.
The first meeting of the ECTA Mediation Committee will be held online in October 2024 (exact date TBC), while the first physical meeting will be held during the ECTA Annual Conference in Berlin, 18-21 June 2025.
*Please note that, according to our internal rules, ECTA members can participate in only one Committee at a time. If you are currently a member of another ECTA Committee but wish to join the ECTA Mediation Committee, be aware that the acceptance of your application to the Mediation Committee will automatically cancel your participation in your current Committee.
We look forward to receiving your applications and enhancing ECTA expertise and members’ knowledge in this field.
EU Imposes IP Registration Restrictions on Russian Nationals and Entities
By ECTA International Trade Committee
EU has recently noticed that the Russian Government and Russian courts have been taking actions to illegitimately strip intellectual property rights from holders in Member States, giving the Russian industry an unfair competitive edge and boosting Russia's revenues, which in turn support its war efforts in Ukraine. To counteract this, Council Regulation (EU) 2024/1745 (Regulation) of 24 June 2024 “amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilizing the situation in Ukraine” imposes restrictions on accepting intellectual property registration applications in the Union from Russian nationals, residents, and companies.
Applications for registering IP rights of Russian Applicants shall not be accepted
Article 5s of the Regulation provides that intellectual property offices and other competent institutions constituted under the law of a Member State, or the Union shall not accept:
(a) new applications for registration of trademarks, patents, industrial designs, utility models, protected designations of origin, and geographical indications filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia;
(b) any requests or submissions filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia during the registration procedures before such intellectual property offices related to any of the intellectual property rights referred to in point (a).
These restrictions shall not apply to nationals of a Member State, of a country member of the European Economic Area or of Switzerland, or to natural persons having a temporary or permanent residence permit in a Member State, in a country member of the European Economic Area or in Switzerland.
This means that intellectual property offices and other relevant institutions should not accept such applications. However, the offices are not required to formally refuse these applications, allowing for the possibility of re-filing once the restrictions are lifted. To enforce this restriction, the offices should be able to request necessary information from applicants to verify their eligibility.
Additionally, the Regulation also requires EU companies to include in their contractual arrangements with third-country commercial parties an obligation that their transferred intellectual property rights, trade secrets, or protected materials and information will not be used, by them or their sublicensees in connection with high-priority items sold, supplied, or exported to Russia or for use in Russia. Companies must report any detected breaches to the national competent authorities. For contracts made before 25 June 2024, the obligation is considered fulfilled if the contract contains a general clause prohibiting the use of the specified intellectual property and trade secrets, along with adequate remedies for breaches.
Do the new restrictions apply to pending applications and registrations?
The Regulation does not explicitly mention whether the new restrictions apply to applications or registrations filed before the implementation of these rules. The text specifies that intellectual property offices and other competent institutions:
1. Shall not accept new applications for registration of various intellectual property rights (trademarks, patents, industrial designs, etc.) filed by Russian nationals or entities after the implementation of the rules.
2. Shall not accept any requests or submissions from Russian nationals or entities during the registration procedures after these rules are in effect.
The emphasis is on "new applications" and actions "during the registration procedures," implying that these rules should apply to applications and requests made after the date of enforcement. Accordingly, it should be interpreted that existing applications or registrations filed before the implementation of these rules are not directly addressed by these provisions.
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The views expressed are those of our members and not necessarily of ECTA as an association. The content has not been subjected to a verification process, the accuracy of the information contained in the article is responsibility of the author.
EU has recently noticed that the Russian Government and Russian courts have been taking actions to illegitimately strip intellectual property rights from holders in Member States, giving the Russian industry an unfair competitive edge and boosting Russia's revenues, which in turn support its war efforts in Ukraine. To counteract this, Council Regulation (EU) 2024/1745 (Regulation) of 24 June 2024 “amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilizing the situation in Ukraine” imposes restrictions on accepting intellectual property registration applications in the Union from Russian nationals, residents, and companies.
Applications for registering IP rights of Russian Applicants shall not be accepted
Article 5s of the Regulation provides that intellectual property offices and other competent institutions constituted under the law of a Member State, or the Union shall not accept:
(a) new applications for registration of trademarks, patents, industrial designs, utility models, protected designations of origin, and geographical indications filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia;
(b) any requests or submissions filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia during the registration procedures before such intellectual property offices related to any of the intellectual property rights referred to in point (a).
These restrictions shall not apply to nationals of a Member State, of a country member of the European Economic Area or of Switzerland, or to natural persons having a temporary or permanent residence permit in a Member State, in a country member of the European Economic Area or in Switzerland.
This means that intellectual property offices and other relevant institutions should not accept such applications. However, the offices are not required to formally refuse these applications, allowing for the possibility of re-filing once the restrictions are lifted. To enforce this restriction, the offices should be able to request necessary information from applicants to verify their eligibility.
Additionally, the Regulation also requires EU companies to include in their contractual arrangements with third-country commercial parties an obligation that their transferred intellectual property rights, trade secrets, or protected materials and information will not be used, by them or their sublicensees in connection with high-priority items sold, supplied, or exported to Russia or for use in Russia. Companies must report any detected breaches to the national competent authorities. For contracts made before 25 June 2024, the obligation is considered fulfilled if the contract contains a general clause prohibiting the use of the specified intellectual property and trade secrets, along with adequate remedies for breaches.
Do the new restrictions apply to pending applications and registrations?
The Regulation does not explicitly mention whether the new restrictions apply to applications or registrations filed before the implementation of these rules. The text specifies that intellectual property offices and other competent institutions:
1. Shall not accept new applications for registration of various intellectual property rights (trademarks, patents, industrial designs, etc.) filed by Russian nationals or entities after the implementation of the rules.
2. Shall not accept any requests or submissions from Russian nationals or entities during the registration procedures after these rules are in effect.
The emphasis is on "new applications" and actions "during the registration procedures," implying that these rules should apply to applications and requests made after the date of enforcement. Accordingly, it should be interpreted that existing applications or registrations filed before the implementation of these rules are not directly addressed by these provisions.
-----
The views expressed are those of our members and not necessarily of ECTA as an association. The content has not been subjected to a verification process, the accuracy of the information contained in the article is responsibility of the author.
SAVE THE DATE - The Next ECTA Annual Conference will be In Berlin (18-21 June 2025)
After an incredible time in Antwerp, we are thrilled to reveal that the ECTA 43rd Annual Conference, titled "Bears on the Loose", will roar into Berlin from 18 to 21 June 2025!
Mark your calendars – we promise another unforgettable gathering you won't want to miss!
Mark your calendars – we promise another unforgettable gathering you won't want to miss!
New ECTA Board of Directors 2024/2026
We are pleased to announce that the ECTA Presidency rotation took place during the 42nd Annual Conference in Antwerp.
The new ECTA Board of Directors for the 2024-2026 term is as follows:
• Carina Gommers, President
Responsible for strategic direction and overall supervision
• Paola Ruggiero, 1st Vice-President
Responsible for the academic program of events
• Benjamin Fontaine, 2nd Vice-President
Responsible for general management of Committees
• Julien Scicluna, Secretary General
Responsible for administrative and contractual matters
• Jordi Güell, Treasurer
Responsible for financial matters
We extend our heartfelt gratitude to former President Mladen Vukmir for his dedicated service, remarkable and visionary leadership over the past two years, and wish our new President Carina Gommers and the entire Board of Directors every success in the journey ahead!
To consult the updated composition of the ECTA Supervisory Board following this year's election, please click here.
The new ECTA Board of Directors for the 2024-2026 term is as follows:
• Carina Gommers, President
Responsible for strategic direction and overall supervision
• Paola Ruggiero, 1st Vice-President
Responsible for the academic program of events
• Benjamin Fontaine, 2nd Vice-President
Responsible for general management of Committees
• Julien Scicluna, Secretary General
Responsible for administrative and contractual matters
• Jordi Güell, Treasurer
Responsible for financial matters
We extend our heartfelt gratitude to former President Mladen Vukmir for his dedicated service, remarkable and visionary leadership over the past two years, and wish our new President Carina Gommers and the entire Board of Directors every success in the journey ahead!
To consult the updated composition of the ECTA Supervisory Board following this year's election, please click here.
ECTA Bulletin: the June Edition is Out!
In this edition, you will find a welcome to Antwerp from ECTA President Mladen Vukmir as we look forward to the #ECTA42 Annual Conference later this week.
Additionally, we feature an exclusive interview with Marianne Grabrucker, President of the Circle of European Trade Mark Judges, and insights from the ECTA webinar on trade secrets in the EU. We delve into the Chinese Classification System from the perspective of trade mark use, explore the requirements and impact of the US INFORM Consumers Act and the pending SHOP SAFE Act, as well as examine the impact on IP of EU Free Trade Agreements with Latin American countries. We also discuss the controversy surrounding the refresh of beloved and iconic brands.
Further articles explore the interplay between AI, data protection, and trade secrets; geographical indications in India; the rising tide of counterfeits in India; and the protection of Maori trade marks in Aotearoa New Zealand.
Learn about Brand Action - their amazing group of volunteers and presence at the ECTA Annual Conference. Get a sneak peek of the next ECTA Autumn Meeting in Seville and much more. Stay updated with ECTA Committee news and join us in welcoming our new members!
A print-friendly version is available for members only in the Library section of the ECTA private site. We thank the ECTA Publications Committee for compiling another great issue.
Enjoy reading it!
Additionally, we feature an exclusive interview with Marianne Grabrucker, President of the Circle of European Trade Mark Judges, and insights from the ECTA webinar on trade secrets in the EU. We delve into the Chinese Classification System from the perspective of trade mark use, explore the requirements and impact of the US INFORM Consumers Act and the pending SHOP SAFE Act, as well as examine the impact on IP of EU Free Trade Agreements with Latin American countries. We also discuss the controversy surrounding the refresh of beloved and iconic brands.
Further articles explore the interplay between AI, data protection, and trade secrets; geographical indications in India; the rising tide of counterfeits in India; and the protection of Maori trade marks in Aotearoa New Zealand.
Learn about Brand Action - their amazing group of volunteers and presence at the ECTA Annual Conference. Get a sneak peek of the next ECTA Autumn Meeting in Seville and much more. Stay updated with ECTA Committee news and join us in welcoming our new members!
A print-friendly version is available for members only in the Library section of the ECTA private site. We thank the ECTA Publications Committee for compiling another great issue.
Enjoy reading it!
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