The EUIPO has just published a new study "The Development of Generative Artificial Intelligence from a Copyright Perspective", developed in collaboration with the European Commission. The study examines how Generative Artificial Intelligence (GenAI) systems - relying on existing content to create new material - challenge traditional copyright protection.

In particular, the study explores:

• The use of copyright-protected works for training GenAI models;
• Legal implications of AI-generated content;
• Impact on creators, AI developers, and the copyright ecosystem.

The study also reviews the current EU legal framework on GenAI - including the Copyright in the Single Market Directive and the EU Artificial Intelligence Act - and addresses opt-out mechanisms, licensing agreements, transparency, detectability, potential revenue streams for creators, and ongoing legal disputes related to GenAI and IP.

To read the executive brief please click here. To read the full study, please click here.

The ECTA AI and Data Committee, with the support of other Committees, is closely following AI developments and their implications across various IPRs.

We wish to inform ECTA members that, following the 5th Boards of Appeal User Focus Group meeting - where ECTA continues to actively contribute - three new BoA case-law research reports have just been published:

• Descriptiveness of names of colours
• Similarity between pharmaceuticals and cosmetics
• Component parts of complex products (Article 4(2) and (3) EUDR)

These reports aim to identify case-law trends, foster a common understanding of key legal issues and support a consistent application of the law. They also serve as a basis for discussions of Common Practices between the EUIPO, IP Offices, and User Associations, contributing to harmonising practices and standards across jurisdictions.

ECTA members are encouraged to consult these and other valuable resources on the EUIPO dedicated webpage on BoA case-law research reports.

By Julia Semeniy (ECTA International Trade Committee Member, Asters Law Firm, Ukraine)

While Ukraine is still under martial law, there were continued discussions that the previously implemented suspension of IP deadlines is no longer necessary. Although the suspension provided many applicants and right holders the opportunity to retain their intellectual property despite wartime restrictions, it also had negative impact by causing delays in registration procedures and disputes as to extended IP rights.

Therefore, the Law of Ukraine No. 4362-IX of 16 April 2025 (the Law) was adopted cancelling the Law No. 2174-IX of 1 April 2022 (so-called "deadlines law") and the respective suspension of deadlines related to:

• IP registration procedures (submission of documents, responding office actions, fee payments etc.)
• IP renewals
• Oppositions against trade mark applications,
• Appeals against the Ukrainian IP Office's decisions and cancellation applications (post-grant oppositions) that are filed to the Appeal Chamber of the Ukrainian IP Office.

Starting from 31 May 2025, the effective date of the Law, all previously suspended deadlines shall resume as follows:

• For any deadline that arose on or after 24 February 2022, the relevant action must be completed within the regular timeframe or the 75-day grace period, whichever is longer. E.g. the applicant will have 75 days instead of regular 2 months to pay the application filing fee, but regular 3 months to pay the official granting fee.

• For any deadline that arose before 24 February 2022 - the relevant action must be completed within the portion of the regular timeframe remaining as of 24 February 2022 or the 75-day grace period, whichever is longer.

• Any renewal fee that would have been due on or after 24 February 2022 must be paid within the 75-day grace period.

In the event the relevant resumed deadline is not met, the consequences would be as provided for by the regular provisions of the applicable Ukrainian laws, potentially including lapsed application or registration, or a need to pay extra fee to obtain additional deadline extension if available. Hence, it is important to complete all necessary actions within the applicable resumed deadlines. Any new deadlines arising on or after 31 May 2025 shall be governed by the regular provisions of the applicable Ukrainian laws in the intellectual property sphere.

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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.

A new joint OECD/EUIPO study was released today: Examining Illicit Trade Challenges in the Belt and Road Initiative (BRI): Vulnerabilities and Potential Risks.

Launched in 2013, the BRI is the largest infrastructure project undertaken by a single country, aiming to boost Chinese exports and improve trade connectivity of participating countries. While the initiative has facilitated increased commerce, it also presents new vulnerabilities that may be exploited by counterfeiters.

Key findings from the report include:

• A rise in the number of counterfeit seizures at EU borders from China since 2015, despite a decrease in their overall value. This diverging trend is due to a shift from maritime shipments to smaller parcels and express couriers.
• The growing use of complex trade routes and new infrastructure.
• A statistical link between BRI investment levels in a country and the export of counterfeit goods from that country.

To read the full report and executive summary, please consult here.

This is another publication produced under the auspices of the EUIPO Observatory - this time as a joint project with the OECD - in which ECTA is also represented (through members of the Anti-Counterfeiting and other Committees), actively contributing to and closely following the Observatory’s work.