ECTA 42ND ANNUAL CONFERENCE IN ANTWERP - A GLIMPSE BEHIND THE CURTAIN!
INTERVIEW WITH MARIE-CHRISTINE SEILER, MODERATOR OF THE SESSION ‘EU CASE LAW UPDATE’
INTERVIEW WITH MARIE-CHRISTINE SEILER, MODERATOR OF THE SESSION ‘EU CASE LAW UPDATE’
REGISTER NOW and join us at the ECTA 42nd Annual Conference in Antwerp!
As always at the ECTA Annual Conference, our attendees will benefit from the traditional session on the most recent EU case law, this year moderated by Marie-Christine Seiler (Merx Pütz Rechtsanwälte PartmbB, Germany):
Introduce yourself and your link to ECTA.
My name is Marie-Christine Seiler. I am a German attorney at law and partner in the Munich law firm Merx Pütz Rechtsanwälte, active in IP, health & beauty. I have been an enthusiastic member of ECTA for decades and am currently Vice-Chair of the ECTA Harmonization Committee and part of the ECTA Supervisory Board. I am very much looking forward to moderating the traditional ECTA case law session at the next Annual Conference in Antwerp and seeing you there!
Introduce the topic of your Conference session.
This session on Friday afternoon will provide you with a compact overview of the latest EU case law with important key decisions of the EUIPO, the GC, the CJEU and the EU trade mark courts. In addition, these decisions will be explained and analysed by three absolute legal experts.
Introduce the panel of your Conference session.
My panel for ECTA’s case law session is made up of three high-calibre speakers:
• Judge Gustavo Andrés Martín, European Union Trade Mark Court, Spain
• Virginia Melgar, Chairperson of the 5th Board of Appeal at EUIPO
• Alexander von Mühlendahl, German attorney at law at Bardehle Padenberg, DE
Why should Conference participants join your session, and to whom in particular will your session be directed?
Our EU case law session is clearly a highlight of the ECTA Annual Conference. The judgments and their detailed analyses promise an excellent update of recent key decisions that simply need to be known. The three speakers will report from their practical experience and share their insights.
This session is, therefore, of high interest to everyone in the world of IP - from IP beginners to the more experienced colleagues.
Why should IP colleagues register for the ECTA Annual Conference?
At the ECTA Annual Conference, hundreds of IP enthusiasts and experts meet to exchange ideas and experiences and also to further their legal education. The presentations offered cover basically all areas of IP law, from trade marks, designs, copyright and unfair competition to - brand new - patents, so there is something of interest for everyone. The Conference is also a great opportunity to build and expand your international network of professionals, colleagues and friends and to keep in touch in person. And all this takes place in a marvellous setting in interesting locations and cities, this year in magnificent Antwerp.
You won't regret it - be part of it!
**Find out more about the other educational sessions here or watch the video teaser about the academic program here!**
As always at the ECTA Annual Conference, our attendees will benefit from the traditional session on the most recent EU case law, this year moderated by Marie-Christine Seiler (Merx Pütz Rechtsanwälte PartmbB, Germany):
Introduce yourself and your link to ECTA.
My name is Marie-Christine Seiler. I am a German attorney at law and partner in the Munich law firm Merx Pütz Rechtsanwälte, active in IP, health & beauty. I have been an enthusiastic member of ECTA for decades and am currently Vice-Chair of the ECTA Harmonization Committee and part of the ECTA Supervisory Board. I am very much looking forward to moderating the traditional ECTA case law session at the next Annual Conference in Antwerp and seeing you there!
Introduce the topic of your Conference session.
This session on Friday afternoon will provide you with a compact overview of the latest EU case law with important key decisions of the EUIPO, the GC, the CJEU and the EU trade mark courts. In addition, these decisions will be explained and analysed by three absolute legal experts.
Introduce the panel of your Conference session.
My panel for ECTA’s case law session is made up of three high-calibre speakers:
• Judge Gustavo Andrés Martín, European Union Trade Mark Court, Spain
• Virginia Melgar, Chairperson of the 5th Board of Appeal at EUIPO
• Alexander von Mühlendahl, German attorney at law at Bardehle Padenberg, DE
Why should Conference participants join your session, and to whom in particular will your session be directed?
Our EU case law session is clearly a highlight of the ECTA Annual Conference. The judgments and their detailed analyses promise an excellent update of recent key decisions that simply need to be known. The three speakers will report from their practical experience and share their insights.
This session is, therefore, of high interest to everyone in the world of IP - from IP beginners to the more experienced colleagues.
Why should IP colleagues register for the ECTA Annual Conference?
At the ECTA Annual Conference, hundreds of IP enthusiasts and experts meet to exchange ideas and experiences and also to further their legal education. The presentations offered cover basically all areas of IP law, from trade marks, designs, copyright and unfair competition to - brand new - patents, so there is something of interest for everyone. The Conference is also a great opportunity to build and expand your international network of professionals, colleagues and friends and to keep in touch in person. And all this takes place in a marvellous setting in interesting locations and cities, this year in magnificent Antwerp.
You won't regret it - be part of it!
**Find out more about the other educational sessions here or watch the video teaser about the academic program here!**
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.
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