ECTA Bulletin (Conference Edition) Out Now! Enjoy reading it here.In this edition: Get ready for #ECTA44: Read the welcome to Dublin from ECTA President, Carina Gommers;Interviews with Benjamin Schindler from the Fédération Internationale de Basketball - in line with this year's World IP Day theme IP and Sports; and with Professor Morten Rosenmeier on the Danish Board of Design;Art. 8(4) EUTMR series: this time focusing on Czech Republic, Finland and Hungary;Insights on weak trade marks, the UPC, copyright protection for works of applied art and the increasing relevance of design protection and much more; plus case law reports, including the Chubby Gorilla case, the CJEU's Ape Tees judgment;Committee updates and a warm welcome to new ECTA members.Interested in advertising in the next ECTA Bulletin? Send an email to ecta@ecta.org to learn more and secure your spot.Thank you to the ECTA Publications Committee for another excellent edition, and special thank to Birgit Reiter, for her outstanding work over the past two years as Chair of the Committee!A print-friendly version is available for members only in the ECTA Library (private site).

On the occasion of World Anti-Counterfeiting Day, the EUIPO is highlighting the value of design and the importance of protecting it against counterfeiting.According to recent survey findings from the EUIPO, product design is an increasingly important factor in consumer choice across the EU, however, European creators and businesses continue to face growing risks from counterfeiting and unauthorised copying.The survey found that nearly three out of four EU consumers are willing to pay more for products with a better design, with product design being particularly valued by younger consumers.Design-led sectors are especially vulnerable to counterfeiting, with estimated annual losses of €12 billion in the clothing sector and €2.7 billion in the handbags, jewellery and watch sectors. SMEs are particularly affected, as they often rely on a limited number of distinctive designs and have limited capacity to monitor and enforce their rights.Katri Kiviniemi, Chair of the ECTA Design Committee: “ECTA and BEDA are working together with the EUIPO to make the markets aware that a registered design right is a solid tool to add to the fight against counterfeiters.Recent EU design law reform further strengthened the enforcement of designs at the EU borders, including goods in transit, expanding the toolkit for rights holders. Registered EU designs can now be used to stop infringing goods in transit at the EU borders, even where those goods are merely passing through.However, if the goods are not ultimately destined for the EU market, an EU registered design may not be sufficient on its own, and companies would be well advised to consider protecting their designs internationally to ensure full coverage.The critical point is to file the first design application before the design is made public. Once a product is revealed, the window of protection for many markets is closed. We want creators and businesses to understand that registering your design early is not just a formality - it is the foundation on which any serious business or its IP and anti-counterfeiting strategy is built”.Stoyan Sirakov, Chair of the ECTA Anti-Counterfeiting Committee “Every counterfeit product represents more than an infringement of intellectual property rights. It undermines innovation, fair competition and the investment that businesses make in developing products, brands and designs that consumers value.In today's digital environment, counterfeit goods can be purchased more easily than ever through online marketplaces, social media and cross-border e-commerce platforms. While effective enforcement remains essential, long-term success in combating counterfeiting also depends on awareness and education. Consumers should understand that choosing genuine products is not only about counterfeits being potentially dangerous, frequent links to organised criminal networks or simply about complying with the law; it is about supporting creativity, rewarding investment and encouraging future innovation. Building that understanding is one of the most effective ways to reduce demand for counterfeit goods and foster a culture of respect for intellectual property”.To find out more, please consult the official press release here.

Among the highlights of the ECTA 44th Annual Conference in Dublin is the session “ESG Impact on IP Strategy in the Tech Industry”, moderated by Niccolò Ferretti (ECTA Patent Committee Secretary, Nunziante Magrone, Italy). While focused on technology and patent-related exclusive rights, the session is of broad relevance beyond patent practice, covering how ESG is reshaping IP strategy across all fields of IP.Learn more about this session from Niccolò:Introduce yourself and your link to ECTA.My name is Niccolò Ferretti. I am a partner at Nunziante Magrone and Head of the IP practice. My daily work mainly revolves around patent, trade mark and design litigation, with a strong focus on cross‑border disputes and proceedings before the Unified Patent Court. I am professionally based in Milan - although a few years ago I made what some might call a brave, and others a slightly reckless, life choice (as many ECTA friends already know): I moved to the countryside. There, whenever I am not drafting briefs or preparing hearings, I occasionally find myself helping my partner with her rural activities, dealing with animals and fruit trees - an excellent antidote to procedural deadlines.I have been involved with ECTA for quite some time, both as a regular attendee and as an active contributor to conferences and working groups. Over the years, I have served on several Committees, moving from Design to Anti‑Counterfeiting, with a short stop at the Law Committee, before finally landing - some might say settling - on the Patent Committee, where I currently serve as Secretary. For me, ECTA is a unique place where high‑level technical discussion meets real, hands‑on practice. But perhaps even more importantly, it is the place where, conference after conference, a solid group of colleagues has gradually turned into a circle of very good friends. That is why we call it: ECTA Family!Introduce the topic of your Conference session.The title of the session I will moderate is “ESG Impact on IP Strategy in the Tech Industry”. I admit, it may not immediately sound like stand‑up comedy, but I can promise you that the discussion will be far more lively than it suggests.We will explore how ESG considerations are reshaping IP strategy in the tech sector, from the way patents are drafted and enforced, to litigation choices, remedies, standards, SEPs, and even trade secret protection. We will look at green technologies, reputational risk, governance pressures on enforcement decisions, and the growing role of mediation and alternative dispute resolution. We will also touch upon the role of the UPC and national courts in ESG‑driven disputes, and how sustainability considerations are increasingly influencing both legal strategy and business narratives.That said, I won’t reveal everything now - I would like to keep a few surprises for the session itself. Let’s just say that ESG is no longer just a box‑ticking exercise or a compliance label: it is increasingly affecting what we protect, how we litigate, and how litigation is perceived by the “public jury”.I will act in order to keep the discussion dynamic, I might even bring a blowgun to wake up anyone who dozes off in the audience - just kidding, of course. The penalties for falling asleep will be far more severe… but also entirely imaginary.What I can promise is a genuinely engaging, practical and provocative discussion.Introduce the panel of your Conference session.I am delighted to moderate a panel that brings together three outstanding speakers, each offering a very different - and highly complementary perspective on the ESG impact on IP strategy in the tech industry.We will hear first from Marta Kozłowska, Litigation Manager at HP, who has extensive hands‑on experience with IP enforcement and litigation strategy from an in‑house perspective, within one of the most ESG‑driven global technology companies. Marta works at the intersection of innovation, sustainability, and real‑world business constraints, which makes her insights particularly valuable.We are also joined by Dr. Clemens Heusch, Vice President and Head of Global Litigation and Disputes at Nokia. Clemens leads one of the most sophisticated global IP litigation teams in the tech sector, with deep experience in cross‑border patent disputes, SEP and FRAND issues, and strategic enforcement decisions at the highest level. His perspective on how ESG considerations interact with large‑scale litigation strategies will be especially compelling.Finally, we are honoured to welcome Mr Justice Rory Mulcahy, Judge of the Irish High Court, who has already delivered several significant decisions in intellectual property matters. His judicial perspective will allow us to reflect on how ESG‑related arguments and narratives may be perceived and assessed from the bench, adding a crucial institutional dimension to the discussion.Together, this panel promises a lively and genuinely multi‑dimensional discussion, combining in‑house, strategic and judicial viewpoints - precisely the mix needed to address ESG and IP.Why should Conference participants join your session, and at whom in particular will it be directed?Although the session focuses on technology and patent‑related exclusive rights, it is by no means intended only for patent attorneys or patent litigators. The ESG perspective inevitably cuts across traditional IP boundaries, and this is precisely what makes the discussion relevant to a much broader audience. Participants working in so‑called “soft IP” fields - such as trade marks, designs, copyright, advertising law and unfair competition - will find plenty of food for thought. Issues like ESG‑driven narratives, green claims, reputational risk, enforcement choices, proportional remedies and public perception are increasingly central also to brand protection, communication strategies and rights enforcement beyond patents.In short, the session is designed for anyone interested in how ESG considerations are reshaping IP strategy as a whole, not just from a technical patent angle. It will appeal to litigators, in‑house counsel and soft IP practitioners - especially those who want to understand how sustainability concerns are influencing decision‑making, litigation behaviour and the way IP enforcement is perceived both inside and outside the courtroom.Why should IP colleagues register for the ECTA Annual Conference?Well, if you have made it this far and are still reading my interview, there is a fairly good chance that you are already at least slightly tempted to join the Conference. And if that is not enough, I should mention that one of the main attractions this year will be the travelling circus of farm animals that I am planning to bring with me from Italy.Jokes aside, the real reasons are far better than that. The ECTA Annual Conference consistently delivers high‑quality technical content, discussed from a truly European and cross‑border perspective, and presented by professionals who deal with these issues every day in practice. It is not just about staying updated- it is about understanding trends, exchanging views, and challenging assumptions in an open and stimulating environment. Equally important, ECTA offers something that is increasingly rare: real networking. Not just business cards and polite conversations, but meaningful exchanges with colleagues who, over time, often become trusted contacts - and even friends. In short, the ECTA Annual Conference is the perfect combination of substance, debate, and human connection.And I can safely guarantee that the only animals you will encounter are the usual ones roaming the cocktail receptions.

We wish to inform ECTA members that the EUIPO has recently released a new study examining copyright-related databases and metadata standards across the EU.The study finds that data on works and authors is scattered across multiple unconnected systems, leading to duplication of records, legal uncertainty, and increasing transaction costs for creators and right holders. The study also highlights differences in how creative sectors - such as music, publishing, film and television - manage works, rights and distribution models according to their own operational needs, resulting in fragmented approaches and limited interoperability between systems.The findings will support the development of CopyrightView, an initiative intended to enhance access to copyright information across the EU.To read the Executive Summary, please click here.ECTA closely monitors such developments through its Copyright Committee and regularly exchanges views on these topics with EU institutions during its bilateral meetings.