REGISTER NOW for the ASIPI-ECTA Webinar on IP Valuation (19 November, 17:00-19:00 CET)! This joint webinar will explore the critical topic of IP valuation. Experts from both organizations will discuss its purpose, key methodologies, challenges, and best practices, along with industry perspectives and legal considerations. Moderator: Luis Kudo (KNR, Mexico) Speakers: Stijn De Nijs (EY Strategy and Transactions, Belgium) Bart De Moor (Strelia, Belgium) Adriana Barrera (BARLAW - Barrera & Asociados, Perú) The webinar is free of charge and will be conducted in English (with simultaneous translation in Spanish and Portuguese).

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. 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. If not yet done, please register here.

We are pleased to inform our members that applications are now open for the 4th edition of the EUIPO Trade Mark and Design Education Programme (ETMD EP) for Paralegals until 18 November 2024 (or until all 60 places are filled)! This programme is designed for professionals such as IP administrators, legal assistants, and corporate employees who handle legal or related matters. The fourth edition will run from January to May 2025, offering 60 places on a ‘first come, first served’ basis. Guidelines of the programme can be consulted here. For additional information or questions, please contact etmdep@euipo.europa.eu. ----- We encourage our members to participate in the programme and/or invite paralegals in their firms to apply. ECTA has actively supported the introduction of this programme for paralegals and participates in its Steering Committee.

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. ------ 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! 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!

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. --- 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.

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.

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!)

As per Commission Implementing Regulation (EU) 2024/2399, starting 3 October 2024, right holders and their representatives must submit electronic Applications for Action (eAFAs) to customs exclusively through the IP Enforcement Portal (IPEP) or national portals in Germany, Italy, and Spain. These portals will be the sole platforms for filing and managing (amending, extending, or withdrawing) AFAs. Right holders who haven’t transitioned to these portals should do so promptly, as the acceptance of paper AFAs by Member States will soon end. Legal representatives can access IPEP via a ‘legal representative’ account, linked to a rights holder's account. They can also manage multiple rights holder accounts (detailed instructions for legal representatives are available here). To find out more, please read here.

Yesterday, ECTA took part in a number of in-person meetings with relevant DGs of the European Commission (DG GROW, DG TRADE, DG AGRI), to discuss important topics on the IP agenda in Europe at this moment, such as: • EU Patent Package • Ongoing trade negotiations, agreements, dialogues and cooperation projects; • IP future plans and initiatives in relation to SMEs; • New Regulation EU 2024/1143 for agri GIs and other initiatives affecting GIs; • and many other topics of interest to our members and related to ongoing projects within various ECTA Committees. The meetings were attended by ECTA President Carina Gommers; First Vice-President Paola Ruggiero; Second Vice-President Benjamin Fontaine; Secretary General Julien Scicluna; Treasurer Jordi Güell; Head of Legal Affairs Anna Ostanina.

We are pleased to inform ECTA members about the upcoming EUIPO-CPVO (Community Plant Variety Office) joint seminar titled "30 Years of Incentivising Innovation" scheduled for 19 September 2024, in Alicante and online. The seminar will delve into key topics such as IP strategies and their influence on the Single Market, the future of IP in the context of AI, the impact of new legislation and the challenges of counterfeiting. Experts from private practices, plant breeding, and public administrations will share insights on how intellectual property rights can contribute to sustainability and create positive impact in society. This event also marks the 30th anniversary of both the EUIPO and the CPVO, celebrating thel role of IP in fostering innovation. For more information and to register, please click here.

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.

After an incredible time in Antwerp, we are thrilled to reveal that the ECTA 43rd Annual Conference, titled "Bears on the Loose", will roar into Berlin from 18 to 21 June 2025! Mark your calendars – we promise another unforgettable gathering you won't want to miss!

We are pleased to announce that the ECTA Presidency rotation took place during the 42nd Annual Conference in Antwerp. The new ECTA Board of Directors for the 2024-2026 term is as follows: • Carina Gommers, President Responsible for strategic direction and overall supervision • Paola Ruggiero, 1st Vice-President Responsible for the academic program of events • Benjamin Fontaine, 2nd Vice-President Responsible for general management of Committees • Julien Scicluna, Secretary General Responsible for administrative and contractual matters • Jordi Güell, Treasurer Responsible for financial matters We extend our heartfelt gratitude to former President Mladen Vukmir for his dedicated service, remarkable and visionary leadership over the past two years, and wish our new President Carina Gommers and the entire Board of Directors every success in the journey ahead! To consult the updated composition of the ECTA Supervisory Board following this year's election, please click here.

In this edition, you will find a welcome to Antwerp from ECTA President Mladen Vukmir as we look forward to the #ECTA42 Annual Conference later this week. Additionally, we feature an exclusive interview with Marianne Grabrucker, President of the Circle of European Trade Mark Judges, and insights from the ECTA webinar on trade secrets in the EU. We delve into the Chinese Classification System from the perspective of trade mark use, explore the requirements and impact of the US INFORM Consumers Act and the pending SHOP SAFE Act, as well as examine the impact on IP of EU Free Trade Agreements with Latin American countries. We also discuss the controversy surrounding the refresh of beloved and iconic brands. Further articles explore the interplay between AI, data protection, and trade secrets; geographical indications in India; the rising tide of counterfeits in India; and the protection of Maori trade marks in Aotearoa New Zealand. Learn about Brand Action - their amazing group of volunteers and presence at the ECTA Annual Conference. Get a sneak peek of the next ECTA Autumn Meeting in Seville and much more. Stay updated with ECTA Committee news and join us in welcoming our new members! A print-friendly version is available for members only in the Library section of the ECTA private site. We thank the ECTA Publications Committee for compiling another great issue. Enjoy reading it!

The ECTA Annual Conference is almost at full capacity, with only a few places remaining. If you haven't registered yet, do so quickly here to join over 900 IP professionals! The educational program is extensive, encompassing a variety of hot IP topics. Delegates will also engage in discussions on copycats in a session moderated by Julien Scicluna, ECTA Secretary General from France. 1. Introduce yourself and your link to ECTA. I have been a member of ECTA since 2006 and was involved in several Committees before chairing the International Trade Committee. I am now ECTA's Secretary General. 2. Introduce the topic of your Conference session. We will explore how to respond to copycats when the standard legal tools do not apply, or not fully. You know it is a copy, but it does not infringe on your rights, how do you act? We will consider the practitioner's point of view and that of industry. We will also delve into the mind of the consumer and see what neurosciences teach us on the likelihood of confusion. Watch out for the survey that will be circulated during the conference via the app and see the results during our session! 3. Introduce the panel of your Conference session. - Stoyan Sirakov is a seasoned IP Attorney from Bulgaria and a long-standing ECTA member. He will update us on the current practice in dealing with copycats throughout the EU. - Birte Vanrobaeys has a vast experience as an in-house Attorney at Versuni (The Netherlands) and will share her strategy in handling copycats. - Femke van Horen is Professor of Consumer Behaviour and Marketing at the Marketing Department of the Vrije Universiteit Amsterdam (The Netherlands). She has applied her research to understanding product imitation and consumer behaviour. 4. Why should Conference participants join your session, and to whom in particular will your session be directed? This session is a must for all IP practitioners interested in this ‘grey area’ of IP law and in legally apprehending lookalikes. The input of fundamental research on the question is particularly stimulating and challenges our legal knowledge. 5. Why should IP colleagues register for the ECTA Annual Conference? As we often say, ECTA is Family and you don't want to miss out on our annual gathering, bringing together friends, networking and knowledge all wrapped up in a great place! **Find out more about the other educational sessions here or watch the video teaser about the academic program here!**

Coinciding with today’s World Anti-Counterfeiting Day, the EUIPO Observatory has launched the ‘Play Fair’ campaign on the negative effects of counterfeiting and piracy on the viability of sports and the sports sector. This year, Europe is the epicentre of sport events as the world is gearing up to watch UEFA EURO 2024, Tour de France as well as the Olympic and Paralympic Games. But as Europeans prepare to tune into the biggest broadcast sporting events, millions of them may do so illegally. According to an EUIPO study on EU citizens’ perception, awareness, and behaviour, 12% of EU citizens had accessed or streamed sports content from illegal sources. When it comes to youngsters aged 15-24, 27% admit to using illegal online channels to watch sports. Besides sports broadcasting, across the EU, fake sports equipment cost manufacturers €850 million per year, accounting for 11% of lost sales in the sector. 10% of young Europeans from 15-24 years old knowingly purchased fake sports equipment online. Last but not least, through a recent operation targeting counterfeit goods infringing well-known brands, police authorities throughout Europe detected and seized 8 million counterfeit sporting goods with an estimated retail value of €120 million. Find out more about this data and the EUIPO’s awareness campaign launched today here. --- ECTA recognises the significance of the World Anti-Counterfeiting Day in raising awareness about the realities and consequences of counterfeiting. Our association is dedicated to combating counterfeiting by sharing professional experience and best practices at the EU level and beyond, particularly through our Anti-Counterfeiting Committee.