Three New Boards of Appeal Case-Law Reports Just Published
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.
• 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.
ECTA Members’ Voice: Ukraine abolishes wartime suspension of IP deadlines starting 31 May 2025
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.
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.
-----
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.
New OECD/EUIPO Study on Illicit Trade Challenges in the Belt and Road Initiative
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.
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.
ECTA 43rd ANNUAL CONFERENCE IN BERLIN - Interview with João Assunção, moderator of the session ‘Shared Secrets - A Practical Guide to IP Contracts’
The ECTA 43rd Annual Conference in Berlin is coming up soon on 18-21 June! If you haven't registered yet, now is the time! REGISTER HERE!
We are happy to feature a very practical session on IP contracts, moderated by João Assunção (ECTA Young Professionals Group and Patent Committee member, NLP Legal, Portugal).
Learn more about this panel from João:
1. João, introduce yourself and your link to ECTA.
Hi! I am João Assunção, a Portuguese lawyer and IP attorney working at NLP, a Lisbon-based IP boutique law firm. I have had the privilege of working across a wide variety of IP rights since 2016. I have focused on patent and SPC litigation, trade marks, company names and trade secrets, as well as defining strategies for protecting IP rights and drafting various types of IP contracts.
Being an ECTA member since 2021, I have also had the great opportunity of being actively involved in the Harmonization Committee and, since 2024, the Patent Committee. Additionally, I am a proud member of the ECTA Young Professionals Group, dedicated to supporting ECTA’s younger members and practitioners, fostering connections between peers in similar career stages, facilitating knowledge sharing, and creating opportunities for future collaborations and good friendships. If you are a young practitioner looking to expand your network and grow within the field, we would be glad to have you join us!
2. Introduce the topic of your Conference session.
In the eagerly awaited ECTA 43rd Annual Conference - Bears on the Loose, I will be moderating the session ‘Shared Secrets - A Practical Guide to IP Contracts’. This interactive and practice-oriented session will dive into key aspects of IP-related agreements, providing insights on key clauses, pitfalls to avoid, and real-world examples regarding some of the most common IP contracts, which we believe will be very enriching and engaging for attendees! Looking forward to seeing you there!
3. Introduce the panel of your Conference session.
The panel will feature:
• ECTA Secretary General Julien Scicluna, who also teaches on IP-related subjects at universities and business schools in France;
• Florian Rath, a very knowledgeable Austrian IP expert and Attorney-at-Law at Salomonowitz, who is also a member of the ECTA Young Professionals Group;
• iStella Padovani, AICIPI Vice President, who will focus on what is expected from an external lawyer, providing good examples, and industry insights.
4. Why should Conference participants join your session, and at whom in particular will it be directed?
From my perspective, this session is of interest to all IP professionals, but mainly those involved in reviewing or drafting license agreements, coexistence agreements, IP terms in research contracts, commercial agreements, and other IP-rich contracts. Whether you are experienced in this area or looking to deepen your knowledge, you will gain practical insights to enhance your work.
And of course both me and Florian would be particularly happy to see our fellow young professionals in the audience!
5. Why should IP colleagues register for the ECTA Annual Conference?
Besides from the obvious interest of Berlin’s rich history, culture, diversity, open spaces, and vibrant atmosphere, ECTA’s Annual Conference is a must-attend event for IP professionals. It offers a distinctive platform to debate and exchange insights on the latest developments in the global IP landscape, all within a warm, engaging, and relaxed setting - ideal to expand your professional network and foster meaningful connections.
ECTA Bulletin: The Latest Edition is Out!
ECTA Bulletin: The Latest Edition is Out! Read it here!
• Benjamin Fontaine, ECTA’s new Second Vice-President, shares the ‘ingredients’ of his success in an exclusive interview.
• Highlights from the ECTA 43rd Annual Conference in Berlin and APRAM-ECTA ®etreat this Thursday in Paris;
• Insights on the EUIPO Mediation Centre and newly established ECTA Mediation Committee. ECTA’s first-ever amicus brief and Committee updates.
• More interviews: with founders of the ECTA Young Professionals Group; with 2024 ECTA Award winners; and with President of the Benelux Association for Trademark and Design Law for its 50th Anniversary;
• Topics covered: ambush marketing, cultural heritage and fashion, Data Governance Act, DSM Directive, Australian trade mark law, copyrights in AI-generated outputs, and the interplay of patents and biodiversity.
• Case-Law highlights on illegal online streams, figurative marks, limits of confidentiality, IP damage calculation, freedom of expression, and common knowledge of terms.
Thank you to the ECTA Publications Committee for another excellent edition! A print-friendly version is available for members only in the ECTA Library (private site).
• Benjamin Fontaine, ECTA’s new Second Vice-President, shares the ‘ingredients’ of his success in an exclusive interview.
• Highlights from the ECTA 43rd Annual Conference in Berlin and APRAM-ECTA ®etreat this Thursday in Paris;
• Insights on the EUIPO Mediation Centre and newly established ECTA Mediation Committee. ECTA’s first-ever amicus brief and Committee updates.
• More interviews: with founders of the ECTA Young Professionals Group; with 2024 ECTA Award winners; and with President of the Benelux Association for Trademark and Design Law for its 50th Anniversary;
• Topics covered: ambush marketing, cultural heritage and fashion, Data Governance Act, DSM Directive, Australian trade mark law, copyrights in AI-generated outputs, and the interplay of patents and biodiversity.
• Case-Law highlights on illegal online streams, figurative marks, limits of confidentiality, IP damage calculation, freedom of expression, and common knowledge of terms.
Thank you to the ECTA Publications Committee for another excellent edition! A print-friendly version is available for members only in the ECTA Library (private site).
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