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.
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.
Register for the ASIPI-ECTA Joint Webinar on Smart Contracts (5 November, 17:00-19:00 CET)
REGISTER for the ASIPI-ECTA Webinar on Smart Contracts (5 November, 17:00-19:00 CET)!
This webinar will explore the challenges and opportunities that smart contracts present in enforcing IP rights across key jurisdictions. Discover how these self-executing digital agreements are transforming global IP transactions, from licensing and co-existence agreements to royalty management. You will gain essential knowledge to navigate the ever-evolving landscape of digital IP law and stay ahead in this rapidly changing field. Don’t miss the opportunity to future-proof your practice!
Moderator:
Laura Gardner (MJP Deans, UK)
Speakers:
Nathalie Dreyfus (Dreyfus & Associés, France)
Rafael Gamboa (Data & TIC Consultores, Colombia)
Humberto Mendoza (Echaide Mendoza y Asociados, Mexico)
The webinar is free of charge and will be conducted in English (with simultaneous translation in Spanish and Portuguese).
SAVE THE DATE! Mark your calendars for the next ASIPI-ECTA joint webinar on IP Valuation on 19 November (17:00-19:00 CET) - Registration opens soon!
This webinar will explore the challenges and opportunities that smart contracts present in enforcing IP rights across key jurisdictions. Discover how these self-executing digital agreements are transforming global IP transactions, from licensing and co-existence agreements to royalty management. You will gain essential knowledge to navigate the ever-evolving landscape of digital IP law and stay ahead in this rapidly changing field. Don’t miss the opportunity to future-proof your practice!
Moderator:
Laura Gardner (MJP Deans, UK)
Speakers:
Nathalie Dreyfus (Dreyfus & Associés, France)
Rafael Gamboa (Data & TIC Consultores, Colombia)
Humberto Mendoza (Echaide Mendoza y Asociados, Mexico)
The webinar is free of charge and will be conducted in English (with simultaneous translation in Spanish and Portuguese).
SAVE THE DATE! Mark your calendars for the next ASIPI-ECTA joint webinar on IP Valuation on 19 November (17:00-19:00 CET) - Registration opens soon!
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.
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.
ECTA Bulletin: the October Edition is Out!
ECTA Bulletin: the October Edition is Out! READ IT HERE
With the recent rotation of the ECTA Board of Directors and Carina Gommers becoming our new President, an interview with her is key in this October Bulletin!
This issue further highlights some of the amazing work of our Committees, including the first report from the new Patent Committee.
Catch up on the ECTA ®ETREAT sessions on IP valuation and IPR exhaustion, and dive into articles on sustainability in trade marks, priority claims, IP mediation, EU Data Act, generative AI and IPR challenges. We also bring you news from beyond Europe, with updates from the Andean Community, India’s amended patent law, and deterrence in Chinese trade mark law. Plus, case law reports from the Mediterranean region to round up our Bulletin.
Get to know ECTA Award winners 2024, ECTA new members and discover the latest from the ECTA-ASIPI collaboration.
Finaly, if you are considering applying for one of ECTA Committees, zoom in on the article about the upcoming General Committee Elections (January 2025) and learn all the details you need to know!
Enjoy reading and, as always, a big shout out to the ECTA Publications Committee for another great issue!
With the recent rotation of the ECTA Board of Directors and Carina Gommers becoming our new President, an interview with her is key in this October Bulletin!
This issue further highlights some of the amazing work of our Committees, including the first report from the new Patent Committee.
Catch up on the ECTA ®ETREAT sessions on IP valuation and IPR exhaustion, and dive into articles on sustainability in trade marks, priority claims, IP mediation, EU Data Act, generative AI and IPR challenges. We also bring you news from beyond Europe, with updates from the Andean Community, India’s amended patent law, and deterrence in Chinese trade mark law. Plus, case law reports from the Mediterranean region to round up our Bulletin.
Get to know ECTA Award winners 2024, ECTA new members and discover the latest from the ECTA-ASIPI collaboration.
Finaly, if you are considering applying for one of ECTA Committees, zoom in on the article about the upcoming General Committee Elections (January 2025) and learn all the details you need to know!
Enjoy reading and, as always, a big shout out to the ECTA Publications Committee for another great issue!
ECTA Amicus Curiae Task Force Reports: The Nightwatch Case Finally Decided by the EUIPO BoA
On 14 October 2024, the EUIPO Grand Board of Appeals issued its decision in the Nightwatch case, for which our dedicated ECTA Amicus Curiae Task Force prepared and filed a brief in June 2024.
In essence the Grand Board, following a request by the EUIPO Executive Director, had to decide whether EUIPO’s current practice on conversion is legally correct. The Grand Board, after reviewing the case law and the Amicus Curiae briefs filed by ECTA and by other associations, decided it is not.
The Grand Board held that «there is no legal basis for requiring the EUTM applicant to file an appeal against the refusal decision (or any subsequent dismissal of the appeal) before submitting the conversion request» (at §134). Therefore, in the Grand Board view, conversion cannot be excluded on the basis of a decision refusing the EUTM application in ex parte or inter partes proceedings where the application is subsequently withdrawn before the refusal could take effect. Furthermore, where conversion is requested subsequent to a withdrawal of the EUTM application (Article 139(5) EUTMR), article 139(2)(b) EUTMR - which prevents conversion - does not apply.
Therefore, EUIPO current practice embodied in the EUIPO Guidelines at Part E, Register Operations, Section 2 Conversion, Paragraph 4 will have to be amended.
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We wish to extend our gratitude to the ECTA Amicus Curiae Task Force for their dedicated efforts in compiling the recommendations for the Grand Board and for reaching this significant milestone in the history of our association.
In essence the Grand Board, following a request by the EUIPO Executive Director, had to decide whether EUIPO’s current practice on conversion is legally correct. The Grand Board, after reviewing the case law and the Amicus Curiae briefs filed by ECTA and by other associations, decided it is not.
The Grand Board held that «there is no legal basis for requiring the EUTM applicant to file an appeal against the refusal decision (or any subsequent dismissal of the appeal) before submitting the conversion request» (at §134). Therefore, in the Grand Board view, conversion cannot be excluded on the basis of a decision refusing the EUTM application in ex parte or inter partes proceedings where the application is subsequently withdrawn before the refusal could take effect. Furthermore, where conversion is requested subsequent to a withdrawal of the EUTM application (Article 139(5) EUTMR), article 139(2)(b) EUTMR - which prevents conversion - does not apply.
Therefore, EUIPO current practice embodied in the EUIPO Guidelines at Part E, Register Operations, Section 2 Conversion, Paragraph 4 will have to be amended.
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We wish to extend our gratitude to the ECTA Amicus Curiae Task Force for their dedicated efforts in compiling the recommendations for the Grand Board and for reaching this significant milestone in the history of our association.
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