One of ECTA's most anticipated events, the ECTA Round Table in Alicante, returns on 26 February 2026 (17:00-19:30) this time at ICALI (Alicante Bar Association). The event is fully booked, please kindly register on the waiting list here.The event is co-organised with ICALI, University of Alicante, and Magister Lvcentinvs - IP Master of the University of Alicante and this year’s topic is "Should Your Weak Trade Mark Go to the Gym? (How to Enforce Weak Trade Marks)", featuring two insightful panels:Panel 1: What is a Weak Mark?Panel 2: Case Law Trends on the Enforcement of Weak MarksThe programme concludes with a cocktail reception until 21:00. You can consult the programme with speaker line-up here.The event is onsite only and free of charge. Certificate of attendance for CLE credits will be issued upon request. As space is limited, please reserve your spot only if you plan to attend.

By Stefan Bojovic (ECTA Internet Committee, MSA IP - Milojevic Sekulic & Associates, Serbia)and Diego Noesen (ECTA Internet Committee, Petillion, Belgium)The Final Report of the UDRP Review Project Team lead by World Intellectual Property Organization (WIPO) and the Internet Commerce Association (ICA) was published in December. The full Final Report is available here and the executive summary here.The Final Report represents the joint endeavour of wide range of stakeholders that are dealing with the UDRP on daily basis and which are, therefore, interested in the future of one of the most successful alternative dispute resolution mechanisms ever created. The UDRP has been in effect since 1999 and has been relied upon to resolve over 125,000 cases.The purpose of the Final Report is to support the Internet Corporation for Assigned Names and Numbers (ICANN) in Phase 2 Review of Rights Protection Mechanisms, which will deal with reviewing the UDRP. Phase 1 of the review process (which reviewed the Uniform Rapid Suspension system, the Trademark Clearinghouse and Sunrises and Claims Notices) took over 4 years to complete and has not been yet fully implemented 5 years on. Based on lessons learned from Phase 1, WIPO and ICA made a significant effort to gather all relevant stakeholders interested in the UDRP and created a comprehensive report that is aimed to help ICANN to have a more efficient, focused, and practical way forward in conducting Phase 2 review process.The Project Team, along with additional subject matter experts, included representatives from various fields such as UDRP panellists, scholars, UDRP practitioners, registrars, registrants, brand owners, UDRP providers, etc. After the Project Team published an Initial Report of the WIPO-ICA UDRP Review Project Team (Initial Report) in April 2025, around 80 additional comments were submitted from a broad range of individuals and organizations (comments available here). ECTA had an active role in this process and submitted its comments in the form of a Position Paper on 27 June 2025 (Position Paper here).As an outcome of this process, the Final Report identifies 23 subjects for potential consideration in ICANN’s Phase 2 review of the UDRP. These subjects were identified through consultations, deliberations, and review of previous ICANN and community discussions on potential targeted amendments to the UDRP and its overall framework. The Final Report divides relevant subjects in 4 categories, based on their potential to be adopted by wider community and the possibility of their prompt implementation, namely:Where there is agreement among the Project Team and the proposed recommendation is readily implementable (Category 1);Where there is agreement in principle among the Project Team but additional work is required on implementation particulars (Category 2);Where there is recognition among the Project Team that a solution or agreed direction has not yet been determined and that further study and consensus building may be warranted (Category 3); andWhere there is agreement amongst the Project Team that no change is needed or that the issue is unlikely to reach consensus (Category 4).This categorization is expected to provide a clear guideline to ICANN and to make the review process overall more efficient, as the consensus (or lack thereof) provided in the Final Report represents the view of a wide group of stakeholders, that, to some extent, mirrors the structure of stakeholders at ICANN that will ultimately work on Phase 2 review process. This means that even before the Phase 2 review process is initiated, ICANN has at its disposal a comprehensive overview of all relevant subjects of discussion and their categorization based on the widest possible pool of parties interested in the UDRP. It is, therefore, expected that the Final Report will indeed make a great impact on the UDRP review process and that ICANN will, to the widest extent possible, follow the recommendations provided by the Project Team. Further Read: Comprehensive overview of the Final Report and implementation of recommendations from ECTA Position PaperFor those who are interested in further reading, you can find here the comprehensive overview that demonstrates how points from the ECTA Position Paper on the WIPO-ICA Initial Report are addressed in the Final Report. In this overview you will also find short comments clarifying the evolution of recommendations based on feedback from ECTA and other stakeholders that contributed to public debate on the Initial Report. The comments provided in this overview reflect the view of the authors of this news item and do not necessary reflect the views of ECTA.-----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.

Register now for the ECTA ®ETREAT, this year on patents, taking place at the German Patent and Trade Mark Office (Munich, 5 March 2026, 8:30-17:30)  and kindly sponsored by Questel; rwzh Rechtsanwälte; CMS Hasche Sigle; MSP Müller Schupfner & Partner .This one-day event will explore the question “UPC - A Success Story?” through a series of engaging panel discussions covering topics such as FRAND, equivalency, case law, how to shape your claims and shape your strategy when enforcing European patents with national or unitary effect, as well as national patents.The program will include coffee breaks and lunch for attendees and will conclude with a complementary networking cocktail . The detailed agenda and speaker lineup can be consulted here.Venue (onsite only event):German Patent and Trade Mark Office (DPMA Forum)Zweibrückenstraße 12, 80331 Munich, Germany Participation fees:- Free of charge for ECTA members- EUR 120 for non-members- EUR 30 for full-time studentA certificate of attendance for CLE credits will also be available upon request.

On 15 January 2026, the European Commission adopted two further measures to modernise the EU industrial design protection regime: Implementing Act (Implementing Regulation II) and a Delegated Regulation.The Implementing Regulation lays down detailed rules for implementing certain provisions of Regulation (EC) No 6/2002 on Community designs, specifying the details required in applications for registered EU designs and related requests. The adopted text has not yet been released. Publication in the Official Journal is expected in the coming weeks, with expected application from 1 July 2026.The Delegated Regulation supplements Council Regulation (EC) No 6/2002 with rules specifying the details of certain proceedings concerning registered designs, including amendment of applications, invalidity proceedings, and general formalities for proceedings before the Office. It repeals Commission Regulation (EC) No 2245/2002. The European Parliament and Council have until 15 March 2026 to object to the Delegated Regulation. Absent objection, it will be published in the Official Journal, currently estimated in late March or April 2026 and apply from 1 July 2026.The ECTA Design Committee and its Design Law Reform task force have closely monitored these measures and will keep ECTA members further informed of new developments.Katri Kiviniemi, Chair of the ECTA Design Committee, stated: "We appreciate the well-functioning legislative system in the European Union and the Commission's leadership in securing the functioning of our internal market. These changes will provide new opportunities for designers and design-intensive companies in the European Union and beyond. The ECTA Design Committee looks forward to sharing information on the coming changes and their practical implementation, working closely with the EUIPO and national offices of the EU Member States."

By Richard Milchior (ECTA Patent Committee member, Herald Avocats, France) (*)The new Regulation (EU) 2025/2645 on compulsory licensing for crisis management is the first one stemming from the so-called patent package launched by the EU Commission a few years ago.According to its title and to recitals 1 to 3, the Regulation is intended to address potential crisis which may happen (being reminded that the thinking and the draft for this regulation were inspired by the Covid crisis) when voluntary agreements are not feasible, and to do so in accordance with the TRIPS Agreement. The recital reminds that compulsory licensing possibilities already exist at the national level but that this system now creates a licence granted at the Union level.This new regulation is linked to the recent crisis solution system, which has been implemented at the Union level, notably in relation to health crises (Regulation (EU) 2022/2371, Council Regulation (EU) 2022/2372 and Regulation (EU) 2024/2747) - those are the crisis situations listed in the recitals and in the Annex to the regulation. A granting of a compulsory license may be requested only after a crisis or emergency mode has been declared under a Union legal act, such as the one mentioned in the Annex.This compulsory licence may concern published patent applications and patents, published utility models and utility model applications and SPCs. However, a big limitation to the potential effect of this system comes from the fact that recital 13 states that ‘nothing in this Regulation should be interpreted as imposing any obligation to disclose undisclosed know-how, business information or technological information protected by trade secrets as defined by Directive (EU) 2016/943’. A caveat to this is the fact that the articles of the regulation, which are the only binding part, mention a limitation in relation to trade secrets in article 2.3 but this article does not include the term know-how.The regulation defines the objective and the scope of the rights for which a compulsory license may be granted and specifies that it cannot concern defence-related products.Its article 4 states the conditions to be met for the granting of a compulsory license, meaning:- the declaration of a status of emergency crisis, - and the needs for the protected invention, being acknowledged that no voluntary agreement was possible, - and that the right holder may have had the possibility to submit before the granting of a licence comments to the Commission and to a relevant competent advisory body mentioned by the Regulation.The regulation specifies that the licence is non-exclusive, non-assignable, limited in time and scope and subject to the payment of royalties, that the goods produced cannot be exported outside of the Union and that it should only be granted to someone having the capacity to exploit it. The royalties will have to be refunded if the published patent or published utility model applications are not granted.To allow the implementation of the system, a competent advisory body is created and should assist the Commission at different stages of the implementation of the system, starting with an assessment of the need to grant such a licence and advising upon the content of the licence agreement.The licensing process starts with information made by the Commission with a notice that it considers granting a compulsory licence by publishing a notice on its website allowing to present observations.The content of the license will be subject to an exam by the advisory body, nevertheless article 8 states a certain number of items which must be included in the license, including, for instance, the maximum quantity of products which may be manufactured under license. In addition, article 10 titled Obligations of the licensee completes what has to be respected by the future licensee under the risk of a termination of the license.It is interesting to note that Customs will be used to enforce this regulation, notably in relation to potential exports of licensed products outside the EU.The compulsory license will be different from a usual one, since its contents may be reviewed or modified or terminated by a third party (the Commission), if requested to do so and this after advice of the advisory body.It is also different from a normal license, since it non-respect may lead to fines of up to 300,000 euros (50,000 euros for SME) to the licensee who does not respect the compulsory licence agreement and, in addition, daily penalties (computed only by working days) for noncompliance with the decision which notices a non-respect of the license agreement may be given. They can go up to 1.5% of the turnover of the licensee (0.5% for SME) but let’s be clear, the text does not say turnover made with the license but turnover of the entity.Fines and penalties can only be applied after having followed a procedure described in the regulations, which includes the right of the licensee to be heard, and this is under the control of the Court of Justice of the EU.Finally, in addition to the advisory body already mentioned, a committee ‘within the meaning of Regulation (EU) No 182/2011’ (the ‘Comitology regulation’) will assist the Commission.A specific part of this regulation modifies Regulation (EC) No 816/2006, which concerns compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems, and allows to grant a compulsory union license where several national compulsory licenses may be needed. However, this licence will have to follow the rules of the new compulsory licence (explained above) and cannot concern Northern Ireland.Let’s finish with a question and a comment.A compulsory licence cannot concern trade secrets and perhaps know how. However, the regulation also states in article 13: ‘When exercising the rights or performing the obligations laid down in this Regulation, the right holder and the licensee shall refrain from any actions or omissions that could undermine the Union compulsory licensing process.’ Since a patent is sometimes difficult or impossible to use without the relevant know how, will it be possible for the licensee to rely on this article to obtain it?Finally, the scope of the crisis for which the system may be applied is limited to the type of crisis situation mentioned in the Annex. However, this Annex may be assessed and modified for the first time before 31 December 2027. In the actual and uncertain trade war, this may become a powerful tool for the Commission to fight any limitation or interdiction of export to the EU made by third parties.The text will officially enter into force on 18 January 2026, but it will in practice not be applicable until the adoption of the implementation regulation creating an advisory body.(*) This first presentation does not pretend to have examined all the potential issues created by this new regulation.-----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.

by Daniel Burkard (WIPO-Link and AI & Data Committee, TIMES Attorneys, Switzerland)WIPO has announced that the 2026 version of the thirteenth edition of the Nice Classification will enter into force on 1 January 2026. The updated version is available on the WIPO website here. From that date, the International Bureau of WIPO will apply the new edition to all international applications received by the Office of origin on or after 1 January 2026, as well as to applications received by the International Bureau on or after that date, where the two-month period under Article 3(4) of the Madrid Protocol has been exceeded.WIPO also confirms that, in line with its standing practice, there will be no reclassification of the lists of goods and services in international registrations dated prior to 1 January 2026.The complete list of reclassified indications is available on the WIPO website here. Applicants are advised to review it carefully when preparing new applications, particularly where the basic application or registration was classified under the twelfth or earlier editions.ECTA will continue to monitor updates to the Nice Classification and related Madrid System developments.

Dear ECTA Family and ECTA Friends,We wish you a joyful holiday season filled with peace and happiness, and we look forward to staying in touch in 2026!

This update is to help ECTA members and IP community at large stay informed about upcoming ECTA events and plan ahead. Registration links and further details will be shared via direct email communication in due course.If you are not a member and would like to receive updates on ECTA events and activities, please email ecta@ecta.org to be included on our mailing list.26 February 2026ECTA Round Table on weak marks and the assessment of likelihood of confusion - Alicante, SpainIn collaboration with the University of Alicante and Magister LvcentinvsOpen to allMore information will follow5 March 2026ECTA ®ETREAT "UPC - A Success Story?" - Munich, GermanySponsored by: rwzh Rechtsanwälte; CMS Legal Services EEIG; MSP Müller Schupfner & PartnerOpen to allMore information will follow17-20 June 2026ECTA 44th Annual Conference “Green Light for Growth” - Dublin, IrelandOpen to allRegistration is expected to open at the end of January / beginning of February 2026.15-17 October 2026  ECTA Autumn Meeting - Porto, PortugalOpen to ECTA Supervisory Board and Committee members onlyMore information will followSpring 2027  ECTA ®ETREAT - The Hague, The NetherlandsIn collaboration with The Benelux Office for Intellectual PropertyMore information will follow

The 23 judges of the CET-J (Circle of European Trademark Judges) met for their annual two-and-a-half-day meeting in Vienna. This meeting, held at the local supreme court in a different capital city each year, has been taking place for 26 years.Representing 19 countries, including non-EU countries, the judges discussed nationally significant cases, particularly those involving referrals to the ECJ. The aim is to understand new pressing legal problems and legal issues that arise when comparing the respective national assessments, as well as to suggest to the ECJ that harmonisation is needed or to initiate referrals. With this in mind, a visit to the CJEU was also arranged.In Vienna, the main focus was on the problem of applying AI in trade mark law proceedings, and the statement made at the CET-J annual meeting in Riga in 2024 was clarified: a secure and clear plan of action must be developed. This must form the basis for procedural law that incorporates AI.In addition, an appeal was made to the ECJ to clarify individual grounds for (in)eligibility for protection, in particular with regard to the distinction between certification marks, collective marks and geographical indications of origin. ECTA members are invited to consult the conclusions to learn more. We extend our sincere thanks to former Presiding Judge at the German Federal Patent Court and member of CET-J, Marianne Grabrucker, for kindly sharing the conclusions with ECTA.

By Angelica Lodigiani, Barzanó & Zanardo, ECTA Geographical Committee Vice-Chair, ItalyThe EU Regulation 2023/2411 on the protection of geographical indications for craft and industrial products - also known as "CIGIs" - officially took effect yesterday.With the regulation now in force, EU producers of CIGIs can apply for EU-wide protection through a single application process, filed either with the national competent authorities (Standard procedure) or the EUIPO (Direct procedure), depending on the applicable rules. Applications for products originating in non-EU countries must be filed before the EUIPO either by the applicants themselves, or via the competent authorities of their respective countries. A single registration grants a non-expirable protection across the EU.Further details about the filing process can be found on the GIportal informative page and the Commission CIGI website.The European Commission has also published Implementing Regulation (EU) 2025/1956, which establishes detailed rules for applying the main Regulation. The guiding principles behind this legislation are uniformity, legal certainty, clarity, transparency, and efficiency. The implementing regulation addresses key areas, including the contents of GI applications, the Union register and digital system for electronic submissions, examination, opposition and cancellation procedures, EUIPO fees, and mutual assistance and cooperation between Member States for controls, enforcement, and communication.To boost awareness and consumer recognition, the implementing regulation introduces a Union symbol and abbreviation, along with clear rules for their use, thus aligning CIGIs with other GI schemes. This regulation establishes a fully operational CIGI framework, ensuring a clearer, more efficient and more transparent system.During the coming months, we will see how operators, particularly those in countries that previously lacked a national registration system for non-agricultural GIs, adapt to this new framework.We inform ECTA members that the free online course “Craft and Industrial Geographical Indications in a nutshell” is open and can be accessed here. All relevant information about the new scheme, how to apply, how to search for CIGIs, next steps, FAQs, webinars, workshops and events on the topic can be found in the GI Hub on the EUIPO website.ECTA, particularly through its ECTA Geographical Indications Committee, has been actively following the evolution of the CIGI regulatory framework since the outset, by providing comments on the various draft regulations and EUIPO's guidelines, as needed, preparing position papers on the subject, regularly exchanging with EUIPO and EU Commission representatives to brief the Committee members on the upcoming changes, as well as organising dedicated workshops on this topic. This includes the most recent workshop on the current state of play for non-agricultural GIs and recent GI case law that I had the pleasure of moderating during the ECTA Autumn Meeting in Lyon.

We wish to inform ECTA members that a new eSearch Plus functionality, improving access to design-related non-confidential documents, has recently gone live.The documents are planned to be released in phases, starting with those from 2025. From January 2026, the EUIPO will begin adding documents from earlier years, with all past non-confidential documents expected to be available by mid-2026.Any correspondence submitted after 4 November 2025 will be made publicly accessible automatically, unless it is specifically marked as confidential. Users may request confidentiality either when submitting a document or later by contacting the EUIPO Information Centre. The Office will review the request and mark the document accordingly, according to the EUIPO Guidelines on registered EU designs - Part A - General rules (chapter 3.1.6 Confidentiality).The public availability of design files has been an important topic for ECTA and other IP associations and we jointly advocated for this with the EUIPO. ECTA Design Committee Chair, Katri Kiviniemi, commented: “ECTA, in particular through its Design Committee, has been advocating for this change first and foremost to benefit all users to add transparency and understanding of the design prosecution processes in the EU. This is yet another successful example of the EUIPO working together with the users in raising awareness and knowledge around design rights and related processes”.

We wish to inform ECTA members that the EUIPO will soon introduce Multi-Factor Authentication (MFA) in the User Area with the aim to safeguard user data and enhance account security, in line with the EUIPO Strategic Plan SP2030.1 December 2025 - Optional MFA: Users will have the option to activate MFA in their account settings to familiarise with the process. Support will be available via the Information Centre.16 February 2026 - Mandatory MFA: MFA will be required to access the User Area. How MFA worksSetup: Users will be invited to set up MFA with an authenticator app (e.g., Microsoft Authenticator, Google Authenticator) by scanning a QR code.Verification: Users enter the 6-digit code generated by the authenticator app to complete the setup.Login: Users log in with their username and password as usual, followed by the 6-digit code from the authenticator app.ECTA EUIPO-Link Committee Chair, Cristina Bercial-Chaumier, comments “While the Multi-Factor Authentication in the User Area may be seen as an additional burden, this enhanced security will reduce the risk of unauthorised access and protect against phishing and data breaches bearing in mind the increasing sophistication of cyber threats and the potential consequences of security breaches”.Users can contact the EUIPO Customer Care at customercare@euipo.europa.eu for any questions.

By Maria Antonella Incardona (WIPO-Link and Law Committee, Luppi IP, Italy)After the launch of the new eMadrid portal in September 2025, WIPO has announced that the former eMadrid webpages will be retired on 2 December 2025.From that date, the legacy pages will no longer be available, and users will be redirected to the new eMadrid environment, which has now become the default interface for Madrid System transactions. A separate standalone “Manage your registrations” page will remain accessible only for urgent matters or when log in to the new eMadrid is not possible.Users are encouraged to access the new system with their WIPO Account and verify that all their international registrations and pending applications appear in the workbench. To find out more details, please read the official WIPO news here and the new eMadrid FAQ page here.WIPO’s recent IT updates are part of a broader effort to bring all Madrid System services into a single and up-to-date platform. ECTA - particularly through its WIPO-Link Committee - will continue to follow these changes and collect members’ input and feedback on the new tools, to ensure a balanced transition and monitor alignment with users’ needs.

Grow your brand at Europe’s leading IP event!We are pleased to share the Sponsorship Brochure for the next ECTA Annual Conference, taking place in Dublin, 17-20 June 2026.We offer both exclusive and joint sponsorship opportunities available at different price ranges and open to all IP colleagues - law firms, service providers, media, etc. Options include sponsorship of evening events and lunches in great Dublin venues, as well as exhibition booths. Please consult the brochure for the full list of opportunities.Be a sponsor in time for the launch of the Conference registration at the end of January 2026 for maximum visibility. Email us at ecta@ecta.org with your preferred option. If you are looking for something different, we are open to tailored opportunities - share your ideas and we will help you find what works best.We look forward to partnering with you to make ECTA 2026 a success!

We wish to inform ECTA members that the EUIPO Management Board has recently adopted two new Common Practices: CP16 “Signs describing the subject matter of goods and/or services” and CP17 “The distinctive character of slogans”. These are the first Common Practices adopted under the EUIPO Strategic Plan SP2030.CP16 establishes a common understanding of the notion of subject matter, as well as elements to be considered when assessing descriptiveness of signs that may serve, in trade, to designate the subject matter of the goods and/or services for which protection is requested under Article 4(1)(c) TMD. CP17 establishes a common understanding of the concept of slogans and an explanation of the assessment of their distinctive character, including a non-exhaustive list of common factors relevant under Article 4(1)(b) TMD.Both include illustrative examples.The documents were developed by experts from national and regional EU IPOs, the EUIPO and user associations participating in the drafting process. They are now available in English, pending translation into all EU languages. Implementation by national and regional IP Offices is planned for Q1 2026.ECTA actively contributed to the development of both CPs through the participation of our members in working groups and through discussions within our Committees – particularly the EUIPO-Link, Law and Harmonization Committees - and governing bodies. We will now follow their implementation with interest.

On 14 November, ECTA and WIPO held their annual Bilateral Meeting at the WIPO Headquarters in Geneva to discuss a broad range of highly relevant and technical topics concerning international IP systems, Madrid and Hague, as well as the progress of the UDRP reform, impact of AI on IP and the use of AI by WIPO, various projects in relation to supporting SMEs on their IP journey and a number of other issues of mutual interest. Relevant information and updates from WIPO are available in the ECTA private site for members only.ECTA was represented by Carina Gommers (President), Paola Ruggiero (First Vice-President), Julien Scicluna (Secretary General), 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.

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 continue our collaboration with the Journal of Intellectual Property Law & Practice by Oxford University Press, for 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 44th Annual Conference in Dublin (19 June 2026) and invited to join us for the gala dinner.Furthermore, an interview with the winners will be featured in the October 2026 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.org by 15 February 2026. 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.

IP valuation has gained increasing international attention, with recent initiatives by institutions at the European and international level. Nonetheless, reliable IP valuation tools remain limited, particularly for SMEs and practitioners, making it difficult to advise on the topic, secure financing, negotiate agreements, or maximise returns on innovation. Credible valuation methods need to be identified and assessed.ECTA has started exploring the topic, for example at the ECTA Retreat 2024 and through dedicated webinars in partnership with other organisations, but now aims to deepen its knowledge and contribution by creating a dedicated IP Valuation Task Force.The Task Force will:Map and evaluate existing valuation methodologies for different IP rights and sectorsProvide recommendations and input upon request to relevant institutions (European Commission, EUIPO, etc.)Share knowledge with ECTA membersContribute to ECTA’s academic programme (workshops and conference sessions)Explore partnerships with valuation experts, financial institutions, and relevant governmental bodiesThe initial task force mandate is 12 months after which it will be reassessed. We invite all ECTA members with relevant experience in IP valuation to apply here. As we are aware this is a niche field, please also share this initiative with colleagues, who are not yet members of ECTA, but who have expertise and knowledge in IP valuation and might be interested to join the association and the task force.

By Marius Schneider, ECTA International Trade Committee, IPvocate Africa, Ebene, MauritiusIn a recent decision, the Court of Appeal of Tanzania has held African Regional Intellectual Property Organization (ARIPO) trade marks designating Tanzania to be unenforceable, because Tanzania has not domesticated the Banjul Protocol on Marks. As a reaction to this decision, it is now no longer possible to designate Tanzania in an ARIPO trade mark application. Tanzania is reassuring the IP community that they are pursuing all legal and administrative avenues to expedite the domestication of the Banjul Protocol.Background on the Ruling of the Court of Appeal of Tanzania The Court of Appeal of Tanzania has held, in a judgement delivered on 26 September 2025 in Lakairo Industries Group Co Limited and others v/ Kenafrica Industries Limited and others (Civil appeal no. 593 of 2022), that ARIPO trade marks designating Tanzania are not enforceable, because the country has not domesticated the Banjul Protocol.Kenafrica Industries Limited had initiated a trade mark infringement action against their former distributor Lakairo Industries Group Co Limited, because the latter has after the termination of the distribution agreement started to use several brands of Kenafrica Industries Limited. Kenafrica Industries Limited was successful on the basis of infringement of its trade marks in the first instance but lost in the appeal proceedings.The Court of Appeal of Tanzania held that the ARIPO trade marks of Kenafrica Industries Limited designating Tanzania were unenforceable in Tanzania, because the country did not transpose the Banjul Protocol into national law.The judgement can be criticised for leaving several grey areas (including uncertainty over trade marks on which the infringement action was based) and for not exploring the notion of bad faith agent trade marks (Article 6septies of the Paris Convention for the Protection of Industrial Property).The Court of Appeal of Tanzania is the highest level in the justice delivery system in Tanzania, and therefore no further appeal is possible.Tanzania is a dualist country: to be valid international treaties must be transformed into national law In International Public Law, a difference is made between monist countries, in which international treaties are directly applicable in the domestic legal system and may even take precedence over conflicting domestic laws, and dualist countries, in which treaties need to be incorporated into local law to be applicable.Tanzania, as many Commonwealth African states, follows the dualist approach, meaning that international law is not automatically part of its domestic legal system and requires separate legislative action to be implemented. Treaties must be transformed into national law, typically through an act of parliament, before they can be applied by domestic courts.The ARIPO Banjul Protocol has not been transformed into national law in Tanzania and as a result the Court of Appeal of Tanzania has held ARIPO trade marks designating Tanzania to be unenforceable.ARIPO informs the users that it is no longer possible to designate Tanzania On 23 October 2025 ARIPO informed the IP community that, further to a decision of the Tanzanian IP Office, it is until further notice no longer possible to designate Tanzania in an ARIPO trade mark application.ARIPO has reassured users that Tanzania is pursuing all legal, administrative, and diplomatic avenues to expedite the domestication of the Banjul Protocol on Marks.Trade mark owners should contemplate the filing of a national trade mark in Tanzania Owners of ARIPO trade marks designating Tanzania with active business interests in the country should contemplate the filing of a national trade mark in Tanzania to exclude any risk for the trade marks to be held unenforceable. It is likely to take some time before Tanzania has domesticated the Banjul Protocol and it is not certain that this domestication is retroactive.About ARIPO The African Regional Intellectual Property Organization (ARIPO) is one of the two regional IPR organisations in Africa. As of May 2025, there were 22 member states. However, only member states that are contracting parties to the relevant Protocols can be designated through ARIPO applications. For example, although Somalia and Sudan are members of ARIPO, they are not contracting parties to the Banjul Protocol on Marks, which establishes a common trade mark application filing system and therefore cannot be designated. Only 11 states may currently be designated through an ARIPO trade mark: Botswana, Cape Verde, Eswatini, The Gambia, Lesotho, Liberia, Malawi, Mozambique, Namibia, Sao Tome and Principe, Uganda, and Zimbabwe. According to a communiqué of ARIPO dated 23 October 2025, Tanzania is until further notice not eligible for designation as a reaction to the decision of the Court of Appeal of Tanzania.