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EU Design Legislative Reform Published Today

By Rogier Goos, ECTA Design Committee Vice-Chair, Winger, Belgium

With today’s publication, the Recast Directive on the legal protection of designs and the Amended Regulation on EU designs will enter into force on 8 December 2024. Member States have 3 years, until December 2027, to transpose the Directive into their national law. Most of the amendments to the Regulation will take effect on 1 May 2025, while provisions requiring further development through secondary legislation will take effect in July 2026.

The texts can be found here.

In recent years, ECTA has been highly engaged in the ongoing EU Design Reform. ECTA has regularly participated in discussions with officials during its Bilateral Meetings with the European Commission and the EUIPO, and has jointly advocated throughout the legislative process with other associations, notably INTA and MARQUES.

ECTA will continue this work, particularly with regard to the EUIPO Guidelines on Designs and the upcoming proposals for secondary legislation (Implementing and Delegated Regulations), which will follow today’s publication of the Amended Regulation text. As the texts of the latter are not yet available, ECTA will monitor developments closely and engage with stakeholders as new proposals are released.

Register for the ASIPI-ECTA Joint Webinar on Smart Contracts (5 November, 17:00-19:00 CET)

REGISTER NOW for the ASIPI-ECTA Webinar on IP Valuation (19 November, 17:00-19:00 CET)!

This joint webinar will explore the critical topic of IP valuation. Experts from both organizations will discuss its purpose, key methodologies, challenges, and best practices, along with industry perspectives and legal considerations.

Moderator:
Luis Kudo (KNR, Mexico)

Speakers:
Stijn De Nijs (EY Strategy and Transactions, Belgium)
Bart De Moor (Strelia, Belgium)
Adriana Barrera (BARLAW - Barrera & Asociados, Perú)

The webinar is free of charge and will be conducted in English (with simultaneous translation in Spanish and Portuguese).

EUIPO Trade Mark Directive Webinar Series - Register for the Webinar Organised with ECTA on 14 November

The EUIPO ECP7 TMD Implementation Training project has organised, in collaboration with National IPOs and User Associations, including ECTA, a series of live webinars which will cover topics related to the implementation of the Trade Mark Directive and national practice in each country.

In particular, the webinar organised with ECTA will be on 14 November (10.00-11.00 CET). During this session, Riina Pärn (Pärn & Partners, Estonia), a long-standing ECTA member, will discuss recent changes in trade mark application procedures and opposition procedure in the Baltic Countries.

If not yet done, please register here.

EUIPO Trade Mark and Design Education Programme for Paralegals: Registration Now Open (Only 60 Places)!

We are pleased to inform our members that applications are now open for the 4th edition of the EUIPO Trade Mark and Design Education Programme (ETMD EP) for Paralegals until 18 November 2024 (or until all 60 places are filled)!

This programme is designed for professionals such as IP administrators, legal assistants, and corporate employees who handle legal or related matters.

The fourth edition will run from January to May 2025, offering 60 places on a ‘first come, first served’ basis.

Guidelines of the programme can be consulted here. For additional information or questions, please contact etmdep@euipo.europa.eu.

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We encourage our members to participate in the programme and/or invite paralegals in their firms to apply.

ECTA has actively supported the introduction of this programme for paralegals and participates in its Steering Committee.

Design Package: Final Approval by Council

The Council of the EU has recently given its final approval to the the two legislative acts under the design package: the revised directive on the legal protection of designs and the amended regulation on community designs (see here).

The texts adopted update the current design legislation to improve the protection of industrial designs in the era of digital designs and 3D printing.

This was the last step in the decision-making procedure. The acts will enter into force on the 20th day following that of their publication in the Official Journal of the EU. The regulation will apply 4 months later, and Member States will have a period of 36 months to take the necessary measures to transpose the directive.

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In recent years, ECTA has been highly engaged in the domain of design, particularly in the ongoing EU Design Reform. ECTA has regularly engaged in discussions with officials during its Bilateral Meetings with the European Commission and the EUIPO, and has jointly advocated throughout the legislative process with other associations, notably INTA and MARQUES.