Register for the ECTA workshop ‘Make Up or Break Up? AI and IP: The Future of Our Profession’ in beautiful Seville (onsite only) on 11 October 2024 (16.00-18.00)!

With the rise of AI, significant changes are expected in how IP professionals operate. Join us to hear from experts how IP legal teams can successfully navigate this evolving ecosystem and understand the impact of AI in the IP world. More information on the programme will be shared in the coming weeks.

The participation fees are as follows:

• 30,00 € (excl. VAT) for members who are not registered for the ECTA Autumn Meeting;
• 50,00 € (excl. VAT) for non-members;
• Free of charge for officials, full-time students, full-time professors.

A certificate of attendance will be sent upon request after the event.

(If you are a Supervisory Board or Committee member registered for the ECTA Autumn Meeting, you do not need to register separately for the workshop as it is included in the event!)

The AI Act has come into force.

As the first-ever legal framework on AI, these new rules are designed to foster trustworthy AI in Europe and beyond, ensuring that AI systems respect fundamental rights and ethical principles, while addressing AI-related risks.

To learn more, please read here

We are excited to announce another significant development in our association's scope of activities. During the ECTA Annual Conference in Antwerp, ECTA governing bodies decided to broaden our horizons into interest-based dispute resolution by establishing the new ECTA Mediation Committee.

This decision follows the recent creation of the EUIPO Mediation Center and the growing use of mediation in IP disputes, as well as the expertise and interest in mediation detected among our members in the survey conducted earlier last year.

We are now opening applications for ECTA members to join this Committee. If you are not a member but wish to join the Committee, please submit your ECTA membership application here first.

ECTA members are invited to apply, if they have expertise in two or more of the following fields:

• Experience as an external, independent, neutral mediator or representation of clients as counsel in mediation in at least 5-10 IP cases
• Completion of specific training to work as a mediator
• Certification of your training based on the regulations of a Member State of the EU
• Experience working as a mediator in formal mediation proceedings of national or international authorities or organizations (e.g. WIPO Arbitration and Mediation Center, EUIPO Mediation Center)

If you have the required expertise mentioned above or have other interest based dispute resolution experience and a keen interest in the topic and wish to join the new ECTA Mediation Committee, please apply here by 6 September!

Results of the application process will be communicated to candidates in September. Selected candidates can serve on the Mediation Committee until the General Committee Elections in 2027, thus they will be automatically considered elected when we hold the General Committee Elections period in 2025.

The first meeting of the ECTA Mediation Committee will be held online in October 2024 (exact date TBC), while the first physical meeting will be held during the ECTA Annual Conference in Berlin, 18-21 June 2025.

*Please note that, according to our internal rules, ECTA members can participate in only one Committee at a time. If you are currently a member of another ECTA Committee but wish to join the ECTA Mediation Committee, be aware that the acceptance of your application to the Mediation Committee will automatically cancel your participation in your current Committee.

We look forward to receiving your applications and enhancing ECTA expertise and members’ knowledge in this field.

By ECTA International Trade Committee

EU has recently noticed that the Russian Government and Russian courts have been taking actions to illegitimately strip intellectual property rights from holders in Member States, giving the Russian industry an unfair competitive edge and boosting Russia's revenues, which in turn support its war efforts in Ukraine. To counteract this, Council Regulation (EU) 2024/1745 (Regulation) of 24 June 2024 “amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilizing the situation in Ukraine” imposes restrictions on accepting intellectual property registration applications in the Union from Russian nationals, residents, and companies.

Applications for registering IP rights of Russian Applicants shall not be accepted

Article 5s of the Regulation provides that intellectual property offices and other competent institutions constituted under the law of a Member State, or the Union shall not accept:

(a) new applications for registration of trademarks, patents, industrial designs, utility models, protected designations of origin, and geographical indications filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia;

(b) any requests or submissions filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia during the registration procedures before such intellectual property offices related to any of the intellectual property rights referred to in point (a).

These restrictions shall not apply to nationals of a Member State, of a country member of the European Economic Area or of Switzerland, or to natural persons having a temporary or permanent residence permit in a Member State, in a country member of the European Economic Area or in Switzerland.

This means that intellectual property offices and other relevant institutions should not accept such applications. However, the offices are not required to formally refuse these applications, allowing for the possibility of re-filing once the restrictions are lifted. To enforce this restriction, the offices should be able to request necessary information from applicants to verify their eligibility.

Additionally, the Regulation also requires EU companies to include in their contractual arrangements with third-country commercial parties an obligation that their transferred intellectual property rights, trade secrets, or protected materials and information will not be used, by them or their sublicensees in connection with high-priority items sold, supplied, or exported to Russia or for use in Russia. Companies must report any detected breaches to the national competent authorities. For contracts made before 25 June 2024, the obligation is considered fulfilled if the contract contains a general clause prohibiting the use of the specified intellectual property and trade secrets, along with adequate remedies for breaches.

Do the new restrictions apply to pending applications and registrations?

The Regulation does not explicitly mention whether the new restrictions apply to applications or registrations filed before the implementation of these rules. The text specifies that intellectual property offices and other competent institutions:

1. Shall not accept new applications for registration of various intellectual property rights (trademarks, patents, industrial designs, etc.) filed by Russian nationals or entities after the implementation of the rules.

2. Shall not accept any requests or submissions from Russian nationals or entities during the registration procedures after these rules are in effect.

The emphasis is on "new applications" and actions "during the registration procedures," implying that these rules should apply to applications and requests made after the date of enforcement. Accordingly, it should be interpreted that existing applications or registrations filed before the implementation of these rules are not directly addressed by these provisions.

-----

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.