Yesterday, ECTA and WIPO held their annual Bilateral Meeting at the WIPO Headquarters in Geneva to discuss topics of mutual interest and importance, such as, among others: • Key developments in the Madrid, Hague, Lisbon and PCT systems; • Results of the two Diplomatic Conferences of 2024, including the recently adopted new Design Law Treaty; • WIPO’s main developments and future plans, especially regarding SMEs, technological advancements, and AI-based tools; • Mutual cooperation opportunities and a range of other practical IP topics. ECTA was represented by Paola Ruggiero (First Vice-President), Anna Ostanina (Head of Legal Affairs), Bernard Volken (WIPO-Link Committee Chair), Valeria Conidi (WIPO-Link Committee Vice-Chair), Beatrix Breitinger (WIPO-Link Committee Secretary). We are sincerely grateful to WIPO for their hospitality and warm welcome in Geneva, productive discussions on highly relevant topics, and look forward to continuing the fruitful cooperation we have built over the years. Our thanks also go to our WIPO-Link Committee team, whose expertise is essential for the success of this collaboration and regular exchange.

The EUIPO has released a new study ‘EU Member States’ Potential for Protecting Craft and Industrial Geographical Indications (CIGIs)’, analysing national interest and frameworks for protecting CIGIs (e.g. textiles, porcelain, glass) within the context of the new EU regulatory framework (Regulation EU 2023/241). Main findings: A fragmented approach with 16 EU Member States having sui generis protection systems for CIGIs, but with difference in terms of scope, administration, registration fees, and enforcement measures. Strong support from the private sector for CIGI protection, with a more moderate level of interest from the public sector. In particular, public authorities from 8 Member States indicated that their country could seek the opt-out under Article 19 of the CIGI Regulation. The study provides a compilation of current titles and ongoing applications of GIs for CI products at national level that will cease to exist (132 names), as well as a list of product names potentially protectable under the new system in the 27 EU Member States (380 names). Such findings are intended to help policymakers and stakeholders understand the national landscape and prepare for the full application of the Regulation by December 2025. To read the executive summary, please read here. To read the full report, please read here.

The EUIPO has just released its latest study ‘Online Copyright Infringement in the European Union: Films, Music, Publications, Software, and TV (2017–2023)’. Key Findings: On average, piracy remains at 10 accesses per internet user per month in 2023, though software and live sports events piracy have increased. For the first time, data on IPTV piracy is included, showing growth and a rising stock of potential users. Piracy decreased for publications, increased for music, and remained stable for films, software, and TV. Socioeconomic factors remain relevant in several cases - for instance, the wealth of countries (GDP), degree of equality (Gini index), the perception of IP by citizens and the volume of the legal offer of content can explain piracy. To read the executive summary, please click here. To read the full report, please click here.

ECTA invites all IP professionals and students to participate in the ECTA Award competition by submitting an article or essay of importance for the development of EU Intellectual Property Law. We are pleased to announce our collaboration with the Journal of Intellectual Property Law & Practice by Oxford University Press, extending this year to both the professional and student categories. One winner will be selected from each category (professional and student) and will receive a monetary prize of €1,000 and 18 months of complimentary ECTA membership. Winners will also be honoured by ECTA President at the Award Ceremony during the ECTA 43rd Annual Conference in Berlin (20 June 2025) and invited to join us for the gala dinner. Furthermore, an interview with the winners will be featured in the October 2025 edition of the ECTA Bulletin, and the winning papers will be showcased on the ECTA website. A one-year complimentary online subscription to the Journal of Intellectual Property Law & Practice will be granted to winners and, if not previously published elsewhere, the winning papers will also be considered for publication in the Journal. Please consult the ECTA Award submission requirements and judging criteria and send your paper to ecta@ecta.orgecta@ecta.org by 15 February 2025. Kindly indicate in your email whether you are participating in the Professional or Student category. All submissions will be evaluated by the ECTA Professional Affairs and Membership Committee with the support of other Committees and under the supervision of the Board of Directors. The publication of the winning papers in the Journal of Intellectual Property Law & Practice is subject to the final decision of its editors.

The EUIPO has unveiled its Strategic Plan 2030, outlining key priorities and goals for the next five years. Adopted by the EUIPO’s Management Board and Budget Committee, the SP2030 will take effect on 1 January 2025. ECTA has actively contributed to the development of SP2030 by submitting comments during the consultation process and engaging in discussions at its Bilateral Meeting with the EUIPO. SP2030 is built around five strategic goals: 1. Optimising operational efficiency and effectiveness 2. Enhancing the value of IP products and services 3. Improving access to the IP system 4. Building trust and respect for IP 5. Ensuring the sustainability of the European IP network (EUIPN) The priority impact areas to drive these strategic goals forward will be: 1. Customer experience 2. IP awareness and education 3. Promotion of innovation 4. Inclusive IP landscape 5. Enforcement 6. IP Alliances The plan emphasises the importance of leveraging new technologies, such as AI and blockchain, to enhance IP services and streamline operations. It also highlights the importance of raising IP awareness and education, particularly among SMEs, young people, and women, as well as EUIPO’s commitment of promoting sustainability and environmental responsibility in the IP ecosystem. Cristina Bercial-Chaumier (ECTA EUIPO-Link Committee Chair) commented as follows: “We are very happy that the final draft of the SP was approved and thank the EUIPO for the extensive consultation which was carried out in its initial phase to be aware of the stakeholders’ concerns”. To find our more, please read the official press release here.

The EUIPO officially launched the 6th edition of the DesignEuropa Awards, which aim to recognise excellence in design and design management among Registered Community Design owners, including individuals, small businesses, and large companies. The submission period is open until 28 February 2025 and the awards ceremony will take place in Copenhagen at the end of September 2025. For more information, including the rules and regulations, please consult here. Inquiries can be directed to the DesignEuropa Awards team at DesignEuropa@euipo.europa.eu.

Last night, after the final stage of negotiations in Riyadh, WIPO member states approved the Design Law Treaty (DLT), marking a significant advancement in global design protection. The Treaty is designed to simplify, expedite, and reduce the cost of the process for designers to protect their designs both at home and abroad. What the Treaty will do: • set a maximum list of indications or elements that designers must submit when applying for protection. This closed list helps create a predictable framework, ensuring designers know exactly what information is required to file an application. • applicants can choose how to represent their designs - whether through drawings, photographs, or, if accepted by the relevant IP office, video. • designers may include several designs in a single application, provided certain conditions are met. • set out requirements for the granting of a filing date. Keeping the list of filing-date requirements for applications to a minimum is crucial because, in the field of design, postponing the filing date can lead to the loss of rights. • provide for a grace period of 12 months following a first disclosure of the design, during which such self-disclosure will not affect its validity for registration. • allow applicants to keep their designs unpublished for at least six months after having secured a filing date. • introduce relief measures and offer some flexibility to applicants in cases where deadlines are missed. Without such measures, in the case of designs, missing a time limit usually results in the permanent loss of rights. • the procedure for renewing design registrations has been simplified. • furthers the introduction of e-filing systems for designs and the electronic exchange of priority documents. The Treaty also expressly interfaces design protection with the protection of traditional knowledge and traditional cultural expressions: contracting parties may require applicants to file information on traditional cultural expressions and traditional knowledge relevant to the eligibility for registration of the design. Prior to the final stage of negotiations, ECTA submitted its comments on the DLT proposal to the WIPO Diplomatic Conference, which can be accessed here. Katri Kiviniemi, ECTA Design Committee Chair, commented as follows: “I have been following the Diplomatic Conference in Riyadh on behalf of ECTA Design Committee and have to say that I am impressed by this outcome, considering also the difficult times in world economies and in international politics in general. The aim of this Treaty is to unify the requirements for design application procedures and it was, at least for the most part, reached. Especially important for the designers is the 12 months grace period as a remedy if the design has been published prior to filing”. The Treaty will come into force once it is signed by 15 contracting parties. To find out more, please ready the official press release here.

On 12 December 2024 from 1:30 pm (UK Time), in the Moot Court Room of City Law School (London-hybrid), ECTA member Dr Andrea Zappalaglio (Lecturer in IP Law, University of Sheffield, and incoming Associate Professor in IP Law, University of Leeds) and Dr Enrico Bonadio (Reader in Law, City University of London) will present their forthcoming volume The Future of Geographical Indications: European and Global Perspectives (Edward Elgar, February 2025) The book provides original and contemporary perspectives on the evolution and current state of GIs at European and global levels, focusing in particular on the challenges that this area of IP Law is likely to face in the foreseeable future. After the book launch there will be a roundtable discussion with experts from legal practice, industry, producers’ associations, as well as UK and EU institutions, who will provide their insight on the questions: ‘what advancements have been made by the Law of GIs in the EU and globally? What challenges must be tackled today and, likely, in the future?’. To consult the detailed programme of the event and register, please click here.

By Rogier Goos, ECTA Design Committee Vice-Chair, Winger, Belgium With today’s publication, the Recast Directive on the legal protection of designs and the Amended Regulation on EU designs will enter into force on 8 December 2024. Member States have 3 years, until December 2027, to transpose the Directive into their national law. Most of the amendments to the Regulation will take effect on 1 May 2025, while provisions requiring further development through secondary legislation will take effect in July 2026. The texts can be found here. In recent years, ECTA has been highly engaged in the ongoing EU Design Reform. ECTA has regularly participated 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 will continue this work, particularly with regard to the EUIPO Guidelines on Designs and the upcoming proposals for secondary legislation (Implementing and Delegated Regulations), which will follow today’s publication of the Amended Regulation text. As the texts of the latter are not yet available, ECTA will monitor developments closely and engage with stakeholders as new proposals are released.

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.