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30/12/2020
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Latest news
Apply for the New ECTA Mediation Committee by 6 September!
03/07/2024
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.
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EU Imposes IP Registration Restrictions on Russian Nationals and Entities
01/07/2024
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.
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SAVE THE DATE - The Next ECTA Annual Conference will be In Berlin (18-21 June 2025)
28/06/2024
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!
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New ECTA Board of Directors 2024/2026
25/06/2024
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.
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ECTA Bulletin: the June Edition is Out!
17/06/2024
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!
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ECTA 42ND ANNUAL CONFERENCE IN ANTWERP - LAST PLACES AVAILABLE! INTERVIEW WITH JULIEN SCICLUNA, MODERATOR OF THE SESSION ‘SHINING SOMEONE ELSE’S LIGHT – COPYCATS’
13/06/2024
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!**
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WORLD ANTI-COUNTERFEITING DAY EUIPO LAUNCHES A CAMPAIGN AGAINST COUNTERFEITING AND PIRACY IN THE SPORTS SECTOR
12/06/2024
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.
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PUBLIC CONSULTATION ON THE COUNTERFEIT AND PIRACY WATCH-LIST
11/06/2024
The European Commission has just launched the public consultation on the Counterfeit and Piracy Watch-List, which will serve as a basis for the Commission’s Staff Working Document on the Counterfeit and Piracy Watch-List to be adopted in Q2 of 2025. The Watch-List list will identify and describe the reportedly most problematic marketplaces and service providers to encourage their operators and owners, as well as the responsible local authorities and governments to take the necessary actions and measures to reduce the availability of IPR infringing goods or services. The Watch-List will not be an exhaustive list and will not purport to make findings of legal violations. Should you be interested in contributing to this consultation, please submit your individual input HERE by 15 August 2024. In case of questions, please send an email to TRADE-COUNTERFEIT-AND-PIRACY-WATCH-LIST@ec.europa.eu.
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Council of Europe adopts first international treaty on artificial intelligence
10/06/2024
The Council of Europe has adopted the first-ever international legally binding treaty on artificial intelligence aimed at ensuring the respect of human rights, the rule of law and democracy legal standards in the use of artificial intelligence (AI) systems. More details can be found here.
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ECTA Files its first Amicus Curiae Brief
10/06/2024
We are pleased to inform our members that ECTA has recently filed its first Amicus Curiae Brief ever in the Referral by the EUIPO Executive Director of 22 February 2024, regarding the decision of the Fourth Board of Appeal in the case R 1241/2020-4 of 9 September 2022, ‘Nightwatch’. The case, which will be heard by the EUIPO enlarged Board of Appeal (Grand Board), regards the Board’s decision that ‘conversion’ shall not be excluded under Article 139(2) EUTMR where the Office refuses an EUTM application and then the EUTM applicant withdraws its application during the appeal period without filing first an appeal. Since the Board decision contradicts the long-standing practice in the Office’s Guidelines concerning conversion of an EUTM, and the matter has not come before the Court of Justice of the European Union (‘CJEU’), it was considered appropriate, in the interest of legal certainty and consistency, to obtain the Grand Board’s opinion which would bind the Boards of Appeals pursuant to Article 166(8) EUTMR and which would not be impeachable by any later Board of Appeal decision. Accordingly, the EUIPO Executive Director posed five questions to the Grand Board, which were analysed and answered by ECTA in the submitted brief, with the assistance of its ECTA Amicus Curiae Task Force. --- 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.
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Europol IP Crime Conference (Madrid, 24-25 October 2024)
06/06/2024
We are pleased to inform ECTA members that the 2024 Europol IP Crime Conference, themed ‘Follow the Money to Fight IP Crime’, will be held in Madrid on 24-25 October 2024. The event, jointly organised by Europol, EUIPO, and the Spanish Guardia Civil, will bring together experts from law enforcement, private sector, and academia to discuss best practices, opportunities, and challenges in the fight against IP crime. Participation is free of charge. The venue and registration link will be communicated soon. Should you have any queries in the meantime, please send an email to observatory@euipo.europa.eu.
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ECTA 42ND ANNUAL CONFERENCE IN ANTWERP - A GLIMPSE BEHIND THE CURTAIN! INTERVIEW WITH JORDI GÜELL, MODERATOR OF THE SESSION ‘PRESERVING TRADITIONAL BRILLIANCE – CULTURAL HERITAGE AND COPYRIGHT’
05/06/2024
The ECTA Annual Conference is just around the corner! There is still a chance to register, hurry up and secure your spot here! Following the very recent adoption by the WIPO Member States of a new international WIPO Treaty on IP, Genetic Resources and Associated Traditional Knowledge, the Conference attendees will gain first-hand information on this historic development and discuss further how to protect traditional creativity and cultural expressions in a session moderated by Jordi Güell (GÜELL IP, Spain). 1. Introduce yourself and your link to ECTA. I am the Treasurer of ECTA and member of the Board of Directors. My involvement with ECTA dates back to 1996, when I attended my first ECTA Annual Conference in Alicante, the year when the EUIPO (at that time OHIM) started operating. I was very young at that time - In fact, it was the year when I started working in IP. 2. Introduce the topic of your Conference session. Indigenous art copied onto carpets, T-shirts and greeting cards, traditional music fused with techno-house dance rhythms to produce best-selling albums, handwoven carpets and handicrafts copied and sold as ‘authentic’, the process for making a traditional musical instrument patented, indigenous words and names trademarked and used commercially. These are the kinds of examples that Indigenous and other traditional and cultural communities cite when arguing that traditional creativity and cultural expressions require greater protection. Are they original works? Who do they belong to? Are they in the public domain? And most importantly, is intellectual property the best way to protect them? In this session, we will try to shed some light on this. 3. Introduce the panel of your Conference session. The session will start with a presentation from Edward Kwakwa, Assistant Director General of WIPO, who will introduce the topic and will brief us on the recent Treaty adopted by WIPO Member States on IP, Genetic Resources and Associated Traditional Knowledge. This is the first WIPO Treaty to address the interface between IP, genetic resources and traditional knowledge held by Indigenous Peoples and local communities. It is a real privilege to have Mr Kwakwa on our panel. Marie Malaurie, Law Professor in Paris, will be speaking about the sensitive and political topic of cultural appropriation in the field of fashion. As an academic, Marie Malaurie's intervention will present the theoretical debates on the subject as well as the legal, national and international instruments. Finally, Nick Holmes, IP lawyer from Australia, will be speaking about the importance of Indigenous culture from an Australian and New Zealand perspective, contrasting significant differences between the recognition given to each country’s Indigenous peoples. His presentation aims to provide practical real-world discussion on why laws are not the only ways in which indigenous IP can be protected and how brand owners can work with indigenous artists collaboratively. Nick will also present examples of the Māori “haka” from his home country of Aotearoa New Zealand, which should wake up any tired ECTA attendees! 4. Why should Conference participants join your session, and at whom in particular will your session be directed? The session is addressed to all IP professionals who are interested in knowing more about the relationship between IP protection and the preservation and safeguarding of cultural heritage. 5. Why should IP colleagues register for the ECTA Annual Conference? ECTA combines top-quality sessions with a great atmosphere. This year, we will have around 900 attendees and we have prepared everything with the utmost care. The Gala Dinner at Handelsbeurs will be the cherry on top! **Find out more about the other educational sessions here or watch the video teaser about the academic program here!**
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Historic New Treaty Adopted Today on IP, Genetic Resources, and Associated Traditional Knowledge
24/05/2024
Today, in a landmark decision, WIPO Member States adopted a Treaty on IP, Genetic Resources and Associated Traditional Knowledge. This historic agreement concludes decades of negotiations that began at WIPO some 25 years ago. This is the first WIPO Treaty to address the interface between IP, genetic resources and traditional knowledge held by Indigenous Peoples and local communities. The Treaty will come into force once it reaches 15 contracting parties, and will establish a new disclosure of origin requirement for patent applicants whose inventions are based on genetic resources and/or associated traditional knowledge used in their inventions. ECTA closely followed these developments, and representatives of our association, Julien Scicluna (Secretary General) and Anna Ostanina (Head of Legal Affairs) attended the final stage negotiations during the Diplomatic Conference in Geneva from 13 to 24 May 2024. To find our more, please consult the official press release here.
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AI ACT APPROVED BY COUNCIL TODAY
21/05/2024
Today the Council approved the so-called Artificial Intelligence Act, aiming to harmonise rules on artificial intelligence. The legislative act will be published in the EU’s Official Journal in the coming days and enter into force twenty days after this publication. The new regulation will apply two years after its entry into force, with some exceptions for specific provisions. To find out more, please read here.
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ECTA Member’s Voice: New revised regulation on geographical indications for agricultural sector enters into force
13/05/2024
By Aitor Pomares, ECTA Geographical Indications Committee Vice-Chair, Berenguer & Pomares abogados, Spain The new revised regulation on geographical indications for agricultural products, wines, and spirit drinks, which was published in the Official Journal of the European Union on 23 April 2024, has officially entered into force today. 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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ECTA 42ND ANNUAL CONFERENCE IN ANTWERP - A GLIMPSE BEHIND THE CURTAIN! INTERVIEW WITH MARIE-CHRISTINE SEILER, MODERATOR OF THE SESSION ‘EU CASE LAW UPDATE’
07/05/2024
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!**
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ECTA MEMBER’S VOICE: Revised Geographical Indication Protection Regime Commenced in New Zealand on 1 May
02/05/2024
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. ----- 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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EUIPO Report on Green EU Trade Mark Update
29/04/2024
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!
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Happy World IP Day! Join the Buzz of the ECTA Hive!
26/04/2024
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!
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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’
19/04/2024
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!**
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