ECTA MEMBER’S VOICE: Revised Geographical Indication Protection Regime Commenced in New Zealand on 1 May
By Nick Holmes, ECTA member, Davies Collison Cave Law, Australia & New Zealand
As of yesterday, 1 May 2024, the use of 1,975 geographical indications was restricted in Aotearoa New Zealand, as its renamed Geographical Indications Registration Act 2006 came into force. This development is based in part upon requirements set out in the European Union-New Zealand Free Trade Agreement and is the first time that European geographical indications for goods other than wines and spirits will be protected against misuse in New Zealand.
European food and beverage manufacturers may be very happy with this news, particularly as the GI Act includes:
1. automatic and enduring protection of geographical indications covered by the Free Trade Agreement against misuse (including in translation or transliteration);
2. enhanced civil and administrative enforcement regimes, which will allow any person “with an interest in upholding the restrictions on use of the registered geographical indication” to commence proceedings in the High Court to seek relief for a breach of a restriction on the use of a registered geographical indication;
3. the creation of GI officers who can enforce compliance with the restrictions on the use of a registered GI;
4. the implementation of border protection measures to allow for New Zealand Customs to investigate, inspect, intercept and detain goods suspected to breach a restriction on use of a GI.
Interestingly, other than in relation to wines and spirits (where the existing procedures continue), it will not be possible to directly register new geographical indications in New Zealand for other agricultural products except through the mechanisms provided in the Free Trade Agreement.
Members working with European geographical indication management authorities should now include New Zealand as part of their enforcement efforts, and brand owners seeking to register marks in New Zealand for food and beverages may need to take extra care, to see if their trade mark contains one of the GIs covered by the GI Act.
The Intellectual Property Office of New Zealand has also provided helpful information on these developments, and their impact upon trade mark registration here.
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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.
As of yesterday, 1 May 2024, the use of 1,975 geographical indications was restricted in Aotearoa New Zealand, as its renamed Geographical Indications Registration Act 2006 came into force. This development is based in part upon requirements set out in the European Union-New Zealand Free Trade Agreement and is the first time that European geographical indications for goods other than wines and spirits will be protected against misuse in New Zealand.
European food and beverage manufacturers may be very happy with this news, particularly as the GI Act includes:
1. automatic and enduring protection of geographical indications covered by the Free Trade Agreement against misuse (including in translation or transliteration);
2. enhanced civil and administrative enforcement regimes, which will allow any person “with an interest in upholding the restrictions on use of the registered geographical indication” to commence proceedings in the High Court to seek relief for a breach of a restriction on the use of a registered geographical indication;
3. the creation of GI officers who can enforce compliance with the restrictions on the use of a registered GI;
4. the implementation of border protection measures to allow for New Zealand Customs to investigate, inspect, intercept and detain goods suspected to breach a restriction on use of a GI.
Interestingly, other than in relation to wines and spirits (where the existing procedures continue), it will not be possible to directly register new geographical indications in New Zealand for other agricultural products except through the mechanisms provided in the Free Trade Agreement.
Members working with European geographical indication management authorities should now include New Zealand as part of their enforcement efforts, and brand owners seeking to register marks in New Zealand for food and beverages may need to take extra care, to see if their trade mark contains one of the GIs covered by the GI Act.
The Intellectual Property Office of New Zealand has also provided helpful information on these developments, and their impact upon trade mark registration here.
-----
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.
EUIPO Report on Green EU Trade Mark Update
On the occasion of the World IP Day, themed ‘IP and SDGs’, the EUIPO has released its latest report on Green EU Trade Mark trends.
According to the report, in 2022, green EUTMs increased, constituting 14.5% of all trade marks applications at the EUIPO. Green EUTMs performed better than non-green EUTMs applications, and green EUTMs from EU firms performed better than those from non-EU applicants. Find out more in the full report and executive summary here.
The ECTA 42nd Annual Conference in Antwerp will place a significant focus on sustainability and one of its educational sessions will be dedicated to green trade marks! Find our more about this session in the interview with moderator here!
According to the report, in 2022, green EUTMs increased, constituting 14.5% of all trade marks applications at the EUIPO. Green EUTMs performed better than non-green EUTMs applications, and green EUTMs from EU firms performed better than those from non-EU applicants. Find out more in the full report and executive summary here.
The ECTA 42nd Annual Conference in Antwerp will place a significant focus on sustainability and one of its educational sessions will be dedicated to green trade marks! Find our more about this session in the interview with moderator here!
Happy World IP Day! Join the Buzz of the ECTA Hive!
Happy World IP Day! This year’s theme is 'IP and Sustainable Development Goals', highlighting how intellectual property can amplify the innovative and creative solutions that are so crucial to building our common future.
Sustainability will be the focus of the ECTA Annual Conference in Antwerp (19-22 June 2024) and, today, we are thrilled to announce a special initiative: for every Conference attendee 1€ will be donated toward the adoption of an ECTA beehive in Belgium!
Bees are the heroes of our ecosystem, fostering biodiversity and playing a pivotal role in pollination and ecological balance. We are happy to cooperate with Bees-Api Brussels, a group of passionate beekeepers, who will establish and be the guardians of our ECTA hive with utmost respect for nature and using sustainable methods that prioritize the health of bees and their habitat.
Conference attendees will have the unique opportunity to interact directly with our beekeepers at a dedicated booth in Antwerp, support them, and gain deeper insights into the vital role of bees in our environment.
We aspire to make a positive impact through our ECTA community and help preserve the natural beauty of our planet. Join the buzz and BEE an attendee!
Sustainability will be the focus of the ECTA Annual Conference in Antwerp (19-22 June 2024) and, today, we are thrilled to announce a special initiative: for every Conference attendee 1€ will be donated toward the adoption of an ECTA beehive in Belgium!
Bees are the heroes of our ecosystem, fostering biodiversity and playing a pivotal role in pollination and ecological balance. We are happy to cooperate with Bees-Api Brussels, a group of passionate beekeepers, who will establish and be the guardians of our ECTA hive with utmost respect for nature and using sustainable methods that prioritize the health of bees and their habitat.
Conference attendees will have the unique opportunity to interact directly with our beekeepers at a dedicated booth in Antwerp, support them, and gain deeper insights into the vital role of bees in our environment.
We aspire to make a positive impact through our ECTA community and help preserve the natural beauty of our planet. Join the buzz and BEE an attendee!
ECTA Member’s Voice: New revised regulation on geographical indications for agricultural sector entered into the Official Journal of the European Union
By Aitor Pomares, ECTA Geographical Indications Committee Vice-Chair, Berenguer & Pomares abogados, Spain
Today, the new revised regulation on geographical indications for agricultural products, wines, and spirit drinks, has been published in the Official Journal of the European Union. The regulation will enter into force 20 days post-publication.
The new Regulation lays down the rules applicable to wine, spirit drinks and agricultural products, consolidating the previously dispersed Regulations into a single legal text. Along with the recently adopted Regulation on GIs for craft and industrial products, the two texts will now govern the EU system of GIs.
The already broad scope of protection afforded to these rights is reinforced by including enforcement against conflicting domain names or online practices. In that regard, GIs can now be invoked as earlier rights in domain name disputes, while Member States shall take measures to block access to infringing domain names.
Furthermore, the new text ensures better protection for GIs when they are used as ingredients in processed products, while also empowering recognised producer groups with increased control over these practices.
In general terms, the role of the producer groups is reinforced by assigning them more responsibilities on the management of their GIs and establishing a clearer a more comprehensive legal framework.
Moreover, emphasis is placed on the significance of sustainability. Recognised producer groups have the opportunity to establish agreed-upon sustainable practices to be adhered to in the production. For those purposes, a concise definition of sustainable practices is provided.
While the European Commission (DG AGRI) remains responsible for the registration of GIs for these types of products, some tasks are entrusted to the EUIPO, such as establishing and managing a domain name information and alert system, as well as maintaining and keeping the GI register up-to-date with respect to registrations, amendments and cancellations of these names.
ECTA Geographical Indications Committee’s comment:
“The new Regulation represents significant progress for the protection of GIs, consolidating the EU sui generis system as the most advanced and comprehensively regulated. The industrial property nature of GIs is at the core of this legislative reform, which aims to address certain gaps in the previous regulations, such as in the area of the management of these collective rights or trying to extend protection to all the fields where infringements may occur.
ECTA and its Geographical Indications Committee have actively participated in the public consultations that have preceded the adoption of this Regulation, as well as the Regulation on GIs for craft and industrial products. Our position papers on the protection of GIs as ingredients and on the legal framework of the scope of protection of GIs anticipated some of the issues that have been addressed in the new Regulation. The ECTA Alicante Round Table of March 2023 was dedicated to the GI reform, while a session on non-agri GIs was held during the ECTA Annual Conference in Prague of June 2023.”
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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.
Today, the new revised regulation on geographical indications for agricultural products, wines, and spirit drinks, has been published in the Official Journal of the European Union. The regulation will enter into force 20 days post-publication.
The new Regulation lays down the rules applicable to wine, spirit drinks and agricultural products, consolidating the previously dispersed Regulations into a single legal text. Along with the recently adopted Regulation on GIs for craft and industrial products, the two texts will now govern the EU system of GIs.
The already broad scope of protection afforded to these rights is reinforced by including enforcement against conflicting domain names or online practices. In that regard, GIs can now be invoked as earlier rights in domain name disputes, while Member States shall take measures to block access to infringing domain names.
Furthermore, the new text ensures better protection for GIs when they are used as ingredients in processed products, while also empowering recognised producer groups with increased control over these practices.
In general terms, the role of the producer groups is reinforced by assigning them more responsibilities on the management of their GIs and establishing a clearer a more comprehensive legal framework.
Moreover, emphasis is placed on the significance of sustainability. Recognised producer groups have the opportunity to establish agreed-upon sustainable practices to be adhered to in the production. For those purposes, a concise definition of sustainable practices is provided.
While the European Commission (DG AGRI) remains responsible for the registration of GIs for these types of products, some tasks are entrusted to the EUIPO, such as establishing and managing a domain name information and alert system, as well as maintaining and keeping the GI register up-to-date with respect to registrations, amendments and cancellations of these names.
ECTA Geographical Indications Committee’s comment:
“The new Regulation represents significant progress for the protection of GIs, consolidating the EU sui generis system as the most advanced and comprehensively regulated. The industrial property nature of GIs is at the core of this legislative reform, which aims to address certain gaps in the previous regulations, such as in the area of the management of these collective rights or trying to extend protection to all the fields where infringements may occur.
ECTA and its Geographical Indications Committee have actively participated in the public consultations that have preceded the adoption of this Regulation, as well as the Regulation on GIs for craft and industrial products. Our position papers on the protection of GIs as ingredients and on the legal framework of the scope of protection of GIs anticipated some of the issues that have been addressed in the new Regulation. The ECTA Alicante Round Table of March 2023 was dedicated to the GI reform, while a session on non-agri GIs was held during the ECTA Annual Conference in Prague of June 2023.”
-----
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.
ECTA 42ND ANNUAL CONFERENCE IN ANTWERP - A GLIMPSE BEHIND THE CURTAIN! INTERVIEW WITH F. PETER MULLER, MODERATOR OF THE SESSION ‘MEDIATION AND ADR. DISPUTE RESOLUTION FROM AN ALTERNATE ANGLE’
REGISTER NOW for the ECTA 42nd Annual Conference in Antwerp!
We will kickstart the Conference academic program by learning more about IP mediation and ADR in a session moderated by F. Peter Müller, Müller Schupfner & Partner, DE.
1. Introduce yourself and your link to ECTA.
My name is F. Peter Müller and I have the honour to moderate the Wednesday workshop on ADR in the IP field together with representatives from the EUIPO and practitioners from the EU, China, and the US.
I have been a member of ECTA since 1996 and served as President between 2014 and 2016. Currently, I am Chair of the newly established Patent Committee.
I think ECTA is one of the best IP associations in the EU, especially because it brings together business opportunities, scientific discussions on IP, very valuable knowledge for my IP practice and good friends.
2. Introduce the topic of your Conference session.
Our workshop delves into mediation and related ADR solutions on IP disputes, including oppositions, revocation actions, infringement actions - covering also patents - and this in an international environment.
Speakers will talk about the new EUIPO Mediation Centre, ADR Resolutions in China and the US, the Singapore Convention, offering practical advice for initiating and conducting successful mediations while minimising time and costs. Additionally, attendees will gain insights from successful mediation cases shared by the speakers.
3. Introduce the panel of your Conference session.
I am pleased to introduce our distinguished panel:
• Sven Stürmann, EUIPO, ES
• Michele Ferrante, Ferrante Intellectual Property, CN
• Aurélia Marie, Cabinet Beau de Loménie, FR
• Lisa Pearson, Kilpatrick Townsend & Stockton LLP, US
4. Why should Conference participants join your session, and at whom in particular will your session be directed?
While tailored for litigators, I also recommend prosecutors to attend to understand what will happen to your IP rights if caught in negotiations.
This session is also particularly beneficial for newcomers to ADR and young practitioners, but even experienced litigators might gain some new insights!
5. Why should IP colleagues register for the ECTA Annual Conference?
The ECTA Annual Conference, which I have been attending for nearly 30 years now, offers a wealth of new information on current IP issues, aiding in the design of future applications and refining lists of goods and services. You will gain practical knowledge, which you can use immediately after the Conference.
Moreover, you get to know colleagues from all over the world, fostering new business contacts, and the chance to assist EU colleagues, especially in disputes. Beyond its professional benefits, the Conference is always fun and attendees will make many friends there.
**Find out more about the other educational sessions here or watch the video teaser about the academic program here!**
We will kickstart the Conference academic program by learning more about IP mediation and ADR in a session moderated by F. Peter Müller, Müller Schupfner & Partner, DE.
1. Introduce yourself and your link to ECTA.
My name is F. Peter Müller and I have the honour to moderate the Wednesday workshop on ADR in the IP field together with representatives from the EUIPO and practitioners from the EU, China, and the US.
I have been a member of ECTA since 1996 and served as President between 2014 and 2016. Currently, I am Chair of the newly established Patent Committee.
I think ECTA is one of the best IP associations in the EU, especially because it brings together business opportunities, scientific discussions on IP, very valuable knowledge for my IP practice and good friends.
2. Introduce the topic of your Conference session.
Our workshop delves into mediation and related ADR solutions on IP disputes, including oppositions, revocation actions, infringement actions - covering also patents - and this in an international environment.
Speakers will talk about the new EUIPO Mediation Centre, ADR Resolutions in China and the US, the Singapore Convention, offering practical advice for initiating and conducting successful mediations while minimising time and costs. Additionally, attendees will gain insights from successful mediation cases shared by the speakers.
3. Introduce the panel of your Conference session.
I am pleased to introduce our distinguished panel:
• Sven Stürmann, EUIPO, ES
• Michele Ferrante, Ferrante Intellectual Property, CN
• Aurélia Marie, Cabinet Beau de Loménie, FR
• Lisa Pearson, Kilpatrick Townsend & Stockton LLP, US
4. Why should Conference participants join your session, and at whom in particular will your session be directed?
While tailored for litigators, I also recommend prosecutors to attend to understand what will happen to your IP rights if caught in negotiations.
This session is also particularly beneficial for newcomers to ADR and young practitioners, but even experienced litigators might gain some new insights!
5. Why should IP colleagues register for the ECTA Annual Conference?
The ECTA Annual Conference, which I have been attending for nearly 30 years now, offers a wealth of new information on current IP issues, aiding in the design of future applications and refining lists of goods and services. You will gain practical knowledge, which you can use immediately after the Conference.
Moreover, you get to know colleagues from all over the world, fostering new business contacts, and the chance to assist EU colleagues, especially in disputes. Beyond its professional benefits, the Conference is always fun and attendees will make many friends there.
**Find out more about the other educational sessions here or watch the video teaser about the academic program here!**
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