Design Package: Final Approval by Council
The Council of the EU has recently given its final approval to the the two legislative acts under the design package: the revised directive on the legal protection of designs and the amended regulation on community designs (see here).
The texts adopted update the current design legislation to improve the protection of industrial designs in the era of digital designs and 3D printing.
This was the last step in the decision-making procedure. The acts will enter into force on the 20th day following that of their publication in the Official Journal of the EU. The regulation will apply 4 months later, and Member States will have a period of 36 months to take the necessary measures to transpose the directive.
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In recent years, ECTA has been highly engaged in the domain of design, particularly in the ongoing EU Design Reform. ECTA has regularly engaged in discussions with officials during its Bilateral Meetings with the European Commission and the EUIPO, and has jointly advocated throughout the legislative process with other associations, notably INTA and MARQUES.
The texts adopted update the current design legislation to improve the protection of industrial designs in the era of digital designs and 3D printing.
This was the last step in the decision-making procedure. The acts will enter into force on the 20th day following that of their publication in the Official Journal of the EU. The regulation will apply 4 months later, and Member States will have a period of 36 months to take the necessary measures to transpose the directive.
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In recent years, ECTA has been highly engaged in the domain of design, particularly in the ongoing EU Design Reform. ECTA has regularly engaged in discussions with officials during its Bilateral Meetings with the European Commission and the EUIPO, and has jointly advocated throughout the legislative process with other associations, notably INTA and MARQUES.
ECTA Bulletin: the October Edition is Out!
ECTA Bulletin: the October Edition is Out! READ IT HERE
With the recent rotation of the ECTA Board of Directors and Carina Gommers becoming our new President, an interview with her is key in this October Bulletin!
This issue further highlights some of the amazing work of our Committees, including the first report from the new Patent Committee.
Catch up on the ECTA ®ETREAT sessions on IP valuation and IPR exhaustion, and dive into articles on sustainability in trade marks, priority claims, IP mediation, EU Data Act, generative AI and IPR challenges. We also bring you news from beyond Europe, with updates from the Andean Community, India’s amended patent law, and deterrence in Chinese trade mark law. Plus, case law reports from the Mediterranean region to round up our Bulletin.
Get to know ECTA Award winners 2024, ECTA new members and discover the latest from the ECTA-ASIPI collaboration.
Finaly, if you are considering applying for one of ECTA Committees, zoom in on the article about the upcoming General Committee Elections (January 2025) and learn all the details you need to know!
Enjoy reading and, as always, a big shout out to the ECTA Publications Committee for another great issue!
With the recent rotation of the ECTA Board of Directors and Carina Gommers becoming our new President, an interview with her is key in this October Bulletin!
This issue further highlights some of the amazing work of our Committees, including the first report from the new Patent Committee.
Catch up on the ECTA ®ETREAT sessions on IP valuation and IPR exhaustion, and dive into articles on sustainability in trade marks, priority claims, IP mediation, EU Data Act, generative AI and IPR challenges. We also bring you news from beyond Europe, with updates from the Andean Community, India’s amended patent law, and deterrence in Chinese trade mark law. Plus, case law reports from the Mediterranean region to round up our Bulletin.
Get to know ECTA Award winners 2024, ECTA new members and discover the latest from the ECTA-ASIPI collaboration.
Finaly, if you are considering applying for one of ECTA Committees, zoom in on the article about the upcoming General Committee Elections (January 2025) and learn all the details you need to know!
Enjoy reading and, as always, a big shout out to the ECTA Publications Committee for another great issue!
ECTA Amicus Curiae Task Force Reports: The Nightwatch Case Finally Decided by the EUIPO BoA
On 14 October 2024, the EUIPO Grand Board of Appeals issued its decision in the Nightwatch case, for which our dedicated ECTA Amicus Curiae Task Force prepared and filed a brief in June 2024.
In essence the Grand Board, following a request by the EUIPO Executive Director, had to decide whether EUIPO’s current practice on conversion is legally correct. The Grand Board, after reviewing the case law and the Amicus Curiae briefs filed by ECTA and by other associations, decided it is not.
The Grand Board held that «there is no legal basis for requiring the EUTM applicant to file an appeal against the refusal decision (or any subsequent dismissal of the appeal) before submitting the conversion request» (at §134). Therefore, in the Grand Board view, conversion cannot be excluded on the basis of a decision refusing the EUTM application in ex parte or inter partes proceedings where the application is subsequently withdrawn before the refusal could take effect. Furthermore, where conversion is requested subsequent to a withdrawal of the EUTM application (Article 139(5) EUTMR), article 139(2)(b) EUTMR - which prevents conversion - does not apply.
Therefore, EUIPO current practice embodied in the EUIPO Guidelines at Part E, Register Operations, Section 2 Conversion, Paragraph 4 will have to be amended.
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We wish to extend our gratitude to the ECTA Amicus Curiae Task Force for their dedicated efforts in compiling the recommendations for the Grand Board and for reaching this significant milestone in the history of our association.
In essence the Grand Board, following a request by the EUIPO Executive Director, had to decide whether EUIPO’s current practice on conversion is legally correct. The Grand Board, after reviewing the case law and the Amicus Curiae briefs filed by ECTA and by other associations, decided it is not.
The Grand Board held that «there is no legal basis for requiring the EUTM applicant to file an appeal against the refusal decision (or any subsequent dismissal of the appeal) before submitting the conversion request» (at §134). Therefore, in the Grand Board view, conversion cannot be excluded on the basis of a decision refusing the EUTM application in ex parte or inter partes proceedings where the application is subsequently withdrawn before the refusal could take effect. Furthermore, where conversion is requested subsequent to a withdrawal of the EUTM application (Article 139(5) EUTMR), article 139(2)(b) EUTMR - which prevents conversion - does not apply.
Therefore, EUIPO current practice embodied in the EUIPO Guidelines at Part E, Register Operations, Section 2 Conversion, Paragraph 4 will have to be amended.
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We wish to extend our gratitude to the ECTA Amicus Curiae Task Force for their dedicated efforts in compiling the recommendations for the Grand Board and for reaching this significant milestone in the history of our association.
Sven Stürmann Appointed as President of the EUIPO Boards of Appeal, Edyta Barbara Demby-Siwek as Deputy Executive Director of the EUIPO
We are pleased to inform ECTA members that Sven Stürmann, who previously served as Chairperson of the 2nd Board of Appeal, has been appointed President of the EUIPO Boards of Appeal. Additionally, Edyta Barbara Demby-Siwek, who previously served as President of the Polish Patent Office, has been appointed Deputy Executive Director of the EUIPO.
We extend our sincere congratulations to Mr. Stürmann and Ms. Demby-Siwek on their appointments and wish them great success in their new positions. Learn more in the official news here.
We extend our sincere congratulations to Mr. Stürmann and Ms. Demby-Siwek on their appointments and wish them great success in their new positions. Learn more in the official news here.
Upcoming EUIPO TMD Webinar Series - Including Webinar Organised With ECTA on 14 November
The EUIPO ECP7 TMD Implementation Training project has organised, in collaboration with National IPOs and User Associations, including ECTA, a series of live webinars which will cover topics related to the implementation of the Trade Mark Directive and national practice in each country.
The 2024 series of webinars will be broadcasted via Zoom Wednesdays and Thursdays, from 17 October to 14 December, and will be done in national language with simultaneous interpretation into English. Each presentation will take approximately 20 minutes plus 10 extra minutes for Q&A.
In particular, the webinar organised with ECTA will be on 14 November (10.00-11.00 CET). During this session, Riina Pärn (Pärn & Partners, Estonia), a long-standing ECTA member, will discuss recent changes in trade mark application procedures and opposition procedure in the Baltic Countries.
To find out more about the scheduled webinars and register for those you are interested in, please click here.
The 2024 series of webinars will be broadcasted via Zoom Wednesdays and Thursdays, from 17 October to 14 December, and will be done in national language with simultaneous interpretation into English. Each presentation will take approximately 20 minutes plus 10 extra minutes for Q&A.
In particular, the webinar organised with ECTA will be on 14 November (10.00-11.00 CET). During this session, Riina Pärn (Pärn & Partners, Estonia), a long-standing ECTA member, will discuss recent changes in trade mark application procedures and opposition procedure in the Baltic Countries.
To find out more about the scheduled webinars and register for those you are interested in, please click here.
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