Message
Search in this section
Members
Remember my password
Forgot password?
Become
a member
Archive
30/12/2020
31/01/2020
20/01/2020
Latest news
ECTA Workshop on the Metaverse and NFTs in Ljubljana (14 October 2022)
28/07/2022
We are pleased to inform you that ECTA will organise the workshop ‘Metaverse and NFTs: How not to get lost’ in Ljubljana (14 October 2022, 16.00-18.00 CET). Chris Hoole (Appleyard Lees, UK) will moderate a panel of experts comprised of Laurent Nowak (Plasseraud IP, FR), Myrtha Hurtado Rivas (Nestlé, CH), Marie-Laure Bonnaffous (Luxottica, IT), and Leila Fisher (The Golden Sturgeon, BE). This workshop forms part of the ECTA Autumn Meeting in Ljubljana, a two-day ECTA event reserved for ECTA Supervisory Board and Committee members. The workshop is free of charge and will be on-site only (no broadcast will be provided). If you are not attending the Autumn Meeting but wish to register for the workshop ONLY, please do so HERE. ECTA Supervisory Board and Committee members who are registered for the Autumn Meeting do NOT need to register separately for the workshop!
Read more
ECTA Members’ Voice: UK Registered Trade Marks to become searchable on the WIPO Global Brands Database
27/07/2022
Carin Burchell, ECTA International Trade and Publications Committee member, Re Markability Limited, UK The UK IPO is joining the WIPO Global Brands Database following the signing of a Cooperation Treaty between the UK IPO and WIPO on 18 July 2022. Around 3 million UK marks will be added to the Global Brands Database making it an even more useful tool for businesses anywhere around the world to check whether a trade mark which they are thinking of using, or a similar trade mark, is already registered. UK registered marks will be uploaded to the Global Brands Database first – making it less likely that they will be unknowingly infringed. The freely available Global Brands Database is a vast resource which provides access to more than 50 million records from some 71 national and international collections. It can be searched here at no charge. The UK IPO’s Chief Executive Tim Moss said of the addition of the records to the Global Brands Database that it “will help businesses grow their brands with confidence. By providing additional protection, it will reassure UK trade mark holders that their mark is less likely to be infringed.” And, further: “Our partnership with WIPO in areas of common interest ensures that the IP framework remains fit for the future. The UK has one of the most highly regarded IP environments in the world, and joining the database is a practical step that will help keep it that way.” WIPO Director General Daren Tang said: “We are delighted with the inclusion of the UK trade marks collection in WIPO’s Global Brand Database. This is a significant step for users the world over and greatly enhances the value of the database, especially for companies seeking to file a new trade mark application in multiple countries.” Interestingly from an AI perspective, Daren Tang also said: “The new agreement also paves the way for greater technical collaboration between our offices, including the use of machine learning to improve the efficiency of IP-related procedures.” ---- 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.
Read more
Register for the ECTA Webinar IP in Africa (14 September)
27/07/2022
Africa is a continent on the rise. Register for the ECTA webinar IP in Africa (14 September 2022, 14.00-16.00 CET) to learn about the protection and enforcement of IP rights in Africa as well as practical tips and tricks to set up a successful IP strategy. After the opening by Carina Gommers (ECTA 1st Vice-President, Wiggin, BE), Gaèle Le Borgne (ECTA International Trade Committee, Le Borgne, FR) will moderate a panel of experts comprised of Stephan Hanne (European Commission DG TRADE, BE), Gregor Schneider (AfrIPI Project, CM), Nastassia Saint-Severin (Procter & Gamble International Operations SA, UAE), Christine Strutt (Von Seidels, ZA), Ike C. Ibeku (Benchmac & Ince, NG), and Marius Schneider (IPvocate Africa, MU). ECTA members, officials and full-time students can register free of charge here. Non-members can register for 30,00 € here.
Read more
Read the ECTA Harmonization Committee Project Report on Trade marks with Reputation
26/07/2022
As part of its study on the implementation of the Trade Marks Directive (2015/2436/EU), the ECTA Harmonization Committee examined how the EU Member States provide protection to trade marks with reputation under Art. 5 (3), outlining the changes that the Directive brought about in the different countries. The report focuses on the concept of reputation, the criteria adopted by National Offices and Courts to recognise reputation, the kind of evidence to be provided to demonstrate reputation, the relevant public to be taken into account, as well as other remarks regarding proceedings. The full project report and complete compilation of answers are available for ECTA members only in the Private Site/Library/Project Reports. We thank the Harmonization Committee Leaders and team members, in particular Andrea Brandstetter-Kupka (Sonn IP Attorneys, AT) and Judit Lantos (Danubia Patent & Law Office LLC, HU), who brought this project to fruition for the benefit of the ECTA community.
Read more
ECTA DESIGN COMMITTEE WORKING PAPER ON THE FUTURE OF DESIGN PROTECTION OF ITERATIONS
19/07/2022
We have just published (for ECTA members only) the ECTA Design Committee Working Paper on the future of design protection of iterations. If you are a member, you can find it in the private site/Library/Project reports. The fact that a design of a product is very popular with consumers and certain design features are, therefore, at least one essential reason for its economic success, may lead to successor products only being further developed within certain design limits and only being partially revised. This useful Working Paper outlines challenges, case law examples and suggestions for an effective design filing strategy. We thank the Design Committee Leaders and team members, including Beatrix Breitinger, Dr. Ralf Hackbarth, Moritz Koerner, Barnabás Mező, and Dr. Ekkehard Stolz, who brought this project to fruition.
Read more
EUIPO approach on virtual goods, non-fungible tokens and the metaverse
12/07/2022
The EUIPO is witnessing an increasing number of applications with terms relating to virtual goods and non-fungible tokens (NFTs). In response, the Office has announced in its official communication that it proposes to take the following approach for classification purposes. • “Virtual goods are proper to Class 9 because they are treated as digital content or images. However, the term virtual goods on its own lacks clarity and precision, so it must be further specified by stating the content to which the virtual goods relate (e.g. downloadable virtual goods, namely, virtual clothing). • The 12th Edition of the Nice Classification will incorporate the term downloadable digital files authenticated by non-fungible tokens in Class 9. NFTs are treated as unique digital certificates registered in a blockchain, which authenticate digital items but are distinct from those digital items. For the Office, the term non-fungible tokens on its own is not acceptable. The type of digital item authenticated by the NFT must be specified.” Services relating to virtual goods and NFTs will be classified in line with the established principles of classification for services. The Office’s approach is outlined in the 2023 draft Guidelines on which stakeholders have the opportunity to comment by 3 October 2022. ECTA will also be providing its comments within the deadline. As a current very hot topic, ECTA will hold a workshop dedicated to NFTs (Ljubljana, Slovenia - 14 October 2022), moderated by Chris Hoole (ECTA EUIPO-Link and Copyright Committee, Appleyard Lees, UK), where the panel will discuss and dissect the wider implications of NFTs, as witnessed from the viewpoint of IP practitioners and the commercial sector. Save the date, the registration will be launched soon!
Read more
ECTA Members’ Voice: Upcoming deadline to record trade marks of all goods imported into Kenya
05/07/2022
By Marius Schneider, ECTA International Trade Committee, IPvocate, BE and MU Announced since January 2019, following amendments to the Anti-Counterfeit Act, the mandatory recordal of all IP rights for goods imported into Kenya will soon become a reality. Companies importing their products in Kenya, whether directly or through local subsidiaries, must record their trade marks and other IP rights with the Anti-Counterfeit Authority (ACA) by 1 January 2023. This obligation applies to all goods bearing a valid trade mark imported into the country, whether the trade mark is registered in Kenya or abroad, as long as the trade mark is still registered. Raw materials, that is, items used as ingredients in the manufacture of goods are excluded. It is an offense to import into Kenya goods whose IP rights have not been recorded with ACA. In the future, any authorised distributor of imported goods will also be requested to notify the ACA. There are some concerns about the implications of such a rule for trade mark owners that have deliberately chosen not to register their trade mark in Kenya. To illustrate, there are trade mark owners for whom Kenya is not an important market and who therefore do not wish to incur the costs to register their trade marks in Kenya. However, the same trade mark owners may have no issue with smaller traders purchasing their products from abroad and bringing them into Kenya. The compulsory recordal of all imported goods would negatively impact their overall sales, as if the trade mark owner does not record its trade mark in Kenya, it is not possible for an importer to bring the goods into the country. The requirements for recordation include a certified copy of the trade mark registration, samples or photographs of relevant goods, a description of the goods and details of the place of manufacture of the goods. A fee must be paid per trade mark and per class. It is necessary to act through an authorised agent. The ACA shall process all applications within thirty (30) days and all recorded IP shall be published in the ACA’s monthly newsletter. A recordation shall remain in force for a period of one year from the date of approval of the application for recordation or the current registration period of the trade mark right, whichever is shorter. An application for the renewal of a recordal should be filed at least thirty (30) days before its expiry. A renewal fee must be paid. Any change in ownership of a recorded IP right shall be notified to the ACA. The trade mark information will be made available on a database visible to ACA inspectors and other law enforcement officers, such as customs. The purpose of the recordation is to facilitate access to information for enforcement officers on goods to be imported into the country, which will enable both customs and border officials to pro-actively identify and seize counterfeits at the border before entry into the country. The recordal of all trade marks is an ambitious task which has been met with a few hiccups along the way. The first deadline for rights owners to record their trade mark was extremely short. The first public notice on the commencement of the recordation was published on 26 April 2022 with a deadline of 1 July 2022. It would have been difficult to record all trade marks within such a short period of time. In addition, the website to register the trade marks was down for a few weeks. Furthermore, while the law provides for the recordation of all intellectual property rights, in practice, it seems the recordal is focused on trade marks for the time being. Still, the recordal reflects the strong interest of the Kenyan government in fighting counterfeits. Many rights holders have complained as to the cost of the recordal. Should the ACA proactively do its job, seizing counterfeit goods, there is no doubt that the fees paid will prove to be a valuable investment for rights holders, diminishing the availability of counterfeits in Kenya and in the broader East African region.
Read more
WIPO Webinar - Understanding Examination and Refusal Procedures at the EUIPO (29 June)
27/06/2022
On 29 June (4.00 – 5.00 pm) the WIPO will hold a webinar, part of the Madrid System webinar series, about designating the EU in International Registration and the issues that may arise. Experts from the EUIPO (Maria José Gil Berenguer and Patricia López, Operations Department) will explain the examination procedures at the EUIPO, the most common reasons for the issuance of provisional refusals and explain the specific requirements when designating the EU in an international application or subsequent designation. The webinar will be held in English, and participants will be able to ask questions to the panellists. If you cannot attend live, you are still welcome to register to receive the video recording afterwards.
Read more
New ECTA Board of Directors 2022/2024
24/06/2022
We would like to inform you that the ECTA Presidency rotation took place during the ECTA 40th Annual Conference in Copenhagen. The new composition of the ECTA Board of Directors for the period of 2022/2024 is as follows: 🔷Mladen Vukmir, now President - Responsible for the strategic direction and overall supervision 🔷Carina Gommers, now 1st Vice-President - Responsible for the academic programme of events 🔷Paola Ruggiero, new 2nd Vice-President - Responsible for the general management of Committees 🔷Carolin Kind, Secretary General - Responsible for administrative and contractual matters 🔷Jordi Güell, Treasurer - Responsible for financial matters
Read more
The June Bulletin is out!
14/06/2022
To prepare yourself for the ECTA 40th Annual Conference this week in Copenhagen, read the June edition of the ECTA Bulletin! What’s in it 🔹 ECTA President Anette Rasmussen’s welcome to Copenhagen; 🔹 IP updates in Ukraine and the wartime professional testimonies of some Ukrainian ECTA members; 🔹 Interview with Gordon Humphreys, Chairperson of the EUIPO Fifth Board of Appeal; 🔹 Articles about plant variety denominations, Turkey’s 2021 domestic trade mark and patent activity, implementation of Art. 14 of the Copyright Directive into the Italian Legislation, Trade Mark Directive and interpretation of the own name defence; 🔹 Case-law report relating to Serbian domain name petcentar.rs, UK’s High Court dispute Evans vs. Joseph Joseph Ltd & Anor and Lisbon Court of Appeal decision on trade mark No. 642 969 LIBRU; 🔹 Review of the book Living Brands by Chris Farmer, ECTA Committees’ insights and a warm welcome to new ECTA members. The print friendly pdf version is available for ECTA members in the private site/Library. Last but not least, a big thank you to Craig Bailey for these two years chairing the ECTA Publications Committee and all the Bulletins he and his great team have produced.
Read more
ECTA MEMBERS’ VOICE - WAR/LIFE BALANCE
13/06/2022
By Ganna Prokhorova, ECTA Anti-Counterfeiting Committee Member, Mamunya IP, Ukraine I am a Ukrainian IP attorney. A proud citizen of Ukraine, a sovereign, independent, and free European country with its peaceful people. Peaceful, but also inexhaustible resistant, and brave. With this ECTA Members’ Voice, I would like to express my appreciation for all the sympathy and support to Ukrainian IP-family members and all the people of Ukraine suffering tremendously from the Russian invasion. The support also comes from ECTA, who refunded the 2022 ECTA membership fees to all Ukrainian members and significantly reduced registration fees for the Annual Conference in Copenhagen. We highly appreciate the help and solidarity we all receive these days. As an active member of our IP community, I am often asked what help can be given to Ukrainian IP lawyers, apart from donations,, which many of you do. At the first glance, there are several possibilities to help IP lawyers, for instance: • advising clients that Ukraine remains a viable jurisdiction with promising long-term prospects and significant European market share; • making the preferred Ukrainian agent as an IP Hub to former CIS countries; • continuing including Ukraine in the client’s IP filing strategy; • informing clients about continuity of service of governmental institutions in Ukraine, including UAPTO for prosecution and courts for enforcement, and a possibility to directly file national applications (patents, design, and trade marks) and also PCT national phase; • offering internships to Ukrainian IP professionals temporarily evacuated in areas of those IP attorneys who are willing to help; • sheltering Ukrainian IP professionals fleeing the war in that area; • hiring Ukrainian IP professionals temporarily evacuated for a temporary job; • providing a remote job to Ukrainian IP professionals displaced within Ukraine, etc. If you attend the ECTA 40th Annual Conference and want to discuss in more detail the potential help you can deliver or terms of business operation in Ukraine during these unprecedented times, let’s meet during the first Coffee Break in Scandic Copenhagen at 3.30 pm, June 15, 2022. If you are not available at this time, please feel to reach out through ECTA 40th Annual Conference App, my personal LinkedIn, or contact details that you already know. I am very much looking forward to seeing you all in a few days!
Read more
ECTA 40TH ANNUAL CONFERENCE, 15-18 JUNE IN COPENHAGEN!
13/06/2022
ECTA President Anette Rasmussen invites all IP colleagues to beautiful Copenhagen for the ECTA 40th Annual Conference 'Designing the Future' (15-18 June 2022)! Watch the Video! ▶️REGISTER HERE *ECTA Members can attend at a reduced fee CONFERENCE PROGRAM We look forward to bringing back this edition at full-speed and in the usual format, including some upgraded features! We kicked-off on 8 June with two online workshops as part of the Conference package and continue on 15 June with Committee meetings (by invitation only) and 16-17 June with Conference sessions. You may expect great speakers, informative sessions on the latest IP trends. Mladen Vukmir, ECTA First Vice-President in charge of the Conference academic program, walks you through this year’s educational offer. Watch the Video! EVENING EVENTS AND SATURDAY EXURSIONS The ECTA Annual Conference is not only educational sessions, but also networking, entertainment…and fun! Join us for the welcome reception at the Langelinie Pavillonen, a taste of Danish cuisine at the Royal Playhouse, the Gala Dinner with show at Wallmans and Saturday excursions with ECTA friends in and around Copenhagen. New to the Conference format is the first-time attendee gathering (by invitation only). Watch the video by Frank Jørgensen (ECTA Local Organising Committee, Denmark) to find out about this year’s gatherings in the coolest settings. ONLINE REGISTRATION AND FRIDAY PASS Can’t make it to Copenhagen or the whole in-person event? Instead, you can opt for one of the following alternative attendance options: 🔹Online Kick-off webinars, 8 June + Full academic program, 16 and 17 June *Committee meetings are not included 🔹Friday Pass (On-site) Kick-off webinars, 8 June + Academic program, 17 June + Gala Dinner, 17 June Find out registration rates here. ECTA CONFERENCE APP AND VIRTUAL HUB! If you are registered you can now download the ECTA Conference App or access the Virtual Hub to create your event profile, stay up to date, consult the list of participants, exhibitors and media partners and start networking! To download the ECTA Conference App (for mobiles): • Go to App Store/Playstore and search for the ‘Cvent Events’ App; • Install the Cvent events App (it has a blue icon with the initial C) ; • Open the Cvent Events App; • Under the search bar type ‘ECTA’. The results will show the ECTA event with an option to download; • Click on the download button and you will be prompted to enter the event id: wpchD ECTA40 (make sure to enter the space after the letter ‘D’); • On the next page you will have to login. Please make sure that you enter the e-mail address with which you have registered for the event; • You will receive a verification code by email. Please enter the 6 digits; • You will now have access to the event content and you profile. Please note that the App cannot filter participants by country. If you wish to do this, please login to the Virtual Hub (for PCs, laptops, tablets) here. Log into the Hub with your First Name/Last Name/Email address with which you have registered for the event, check your phone and e-mail for the One Time Passcode and you are all set to navigate the platform. Please make sure to open the Hub with the latest version of Google Chrome, Firefox, Microsoft Edge or Safari.
Read more
EUIPO – Update of Recent European Case-law on the Infringement and Enforcement of IPRs
10/06/2022
The EUIPO released the recent case-law update report on the latest significant European decisions related to infringing and enforcing IP rights. The document contains 234 summaries of key judgments from national courts and preliminary rulings from the CJEU. The update covers additional national developments, particularly those on the interface between copyright and design protection. The document aims to provide practitioners, judges and lawmakers with a meaningful overview of the latest developments and trends in jurisprudence in the IP field.
Read more
Ukraine: Extension of time limits
09/06/2022
A three-month extension (Decision EX-22-5 of the EUIPO Executive Director) has recently been granted for all parties in proceedings before the EUIPO having their residence or registered office in Ukraine. This extends all time limits expiring between 2 June 2022 and 1 September 2022, inclusive, until 2 September 2022. Also, Mr Christian Archambeau, EUIPO Executive Director, recently met Mr Andrew Kudin, Director General of Ukrpatent (State Enterprise Ukrainian Intellectual Property Institute). Both parties agreed on the need to have a mechanism to ensure a business continuity system, and enhanced cooperation is being considered in several areas. To find out more, please read here.
Read more
ECTA Annual Conference: Conference App and Virtual Hub
09/06/2022
If you are registered you can now download the ECTA Conference App or access the Virtual Hub to create your event profile, stay up to date, consult the list of participants, exhibitors and media partners and start networking! To download the ECTA Conference App (for mobiles): • Go to App Store/Playstore and search for the ‘Cvent Events’ App; • Install the Cvent events App (it has a blue icon with the initial C) ; • Open the Cvent Events App; • Under the search bar type ‘ECTA’. The results will show the ECTA event with an option to download; • Click on the download button and you will be prompted to enter the event id: wpchD ECTA40 (make sure to enter the space after the letter ‘D’); • On the next page you will have to login. Please make sure that you enter the e-mail address with which you have registered for the event; • You will receive a verification code by email. Please enter the 6 digits; • You will now have access to the event content and you profile. Please note that the App cannot filter participants by country. If you wish to do this, please login to the Virtual Hub (for PCs, laptops, tablets) here. Log into the Hub with your First Name/Last Name/Email address with which you have registered for the event, check your phone and e-mail for the One Time Passcode and you are all set to navigate the platform. Please make sure to open the Hub with the latest version of Google Chrome, Firefox, Microsoft Edge or Safari. If you are not yet registered for the Conference, you can do so here.
Read more
World Anti-Counterfeiting Day: EUIPO 2022 update of the IP Youth Scoreboard
08/06/2022
Coinciding with today’s World Anti-Counterfeiting Day, the EUIPO Observatory has launched the third edition of the IP Youth Scoreboard about IP infringement behaviours of 15–24 year olds across the EU. The 2022 survey confirms to a large extent the trends identified in the 2016 and 2019 editions but offers additional insights into young people’s perceptions and attitudes at a time when online commerce and digital consumption have been increasing significantly. The trend of accessing digital content from legal resources is confirmed with an increased majority of young people stating their preference for legal alternatives over pirated content. 21% of respondents acknowledge having accessed intentionally pirated content in the last year, in particular films, TV series, music and live sports events, from dedicated servers, apps and social media. A third of respondents find it difficult to distinguish legal digital content from pirated content or increasingly do not care. The intentional purchase of counterfeit goods has increased: 37% of respondents bought at least one fake product in the last year. A similar proportion purchased fakes by accident due to difficulties in distinguishing genuine from counterfeit goods. While young people surveyed still see price as the main driver towards piracy or counterfeiting, the relevance of social influences is increasing and the personal risk of cyberthreat or cyberfraud are now more identified as dissuasive factors from IPR infringement. To consult the infographic of the survey, please click here. ----- ECTA is also actively contributing to the fight against counterfeiting by sharing professional experience and best practices at the EU level and beyond, inter alia in its Anti-Counterfeiting Committee. "The ECTA Anti-Counterfeiting Committee acknowledges the importance of World Anti-Counterfeiting Day to inform about the reality and consequences of counterfeiting. Young consumers are key players in the fight against counterfeiting and must be supported to make informed choices. The EUIPO Observatory survey results provide a useful tool for policy makers as well as stakeholders to create awareness-raising initiatives." Luigi Sansone, ECTA Anti-Counterfeiting Committee Chair
Read more
ECTA signed a MoU with the Bulgarian Patent Office
03/06/2022
ECTA recently signed a Memorandum of Understanding with the Bulgarian Patent Office (BPO). Through this MoU, ECTA and BPO aim to join forces, exchange practices and information in some areas, such as IP support for SMEs, technology transfer and commercialisation of IP. This pilot project paves the way for possible new collaborations with other IPOs, following ECTA’s mandate in line with the ECTA President’s Strategic Plan 2020-2026 to strengthen engagement with IPOs and enhance awareness of ECTA activities. We thank ECTA Supervisory Board members from Bulgaria and the SME Task Force for participating actively in this achievement and look forward to starting a close cooperation with BPO.
Read more
EUIPO TRADE MARK AND DESIGN EDUCATION PROGRAMME FOR PARALEGALS – REGISTRATION OPEN
01/06/2022
Today, the EUIPO opened registration for the 2nd edition of its Trade Mark and Design Education Programme for Paralegals. Enrolment runs until 30 June 2022, and it is limited to 60 persons on a first come, first served basis. The programme is a custom-made training course with a hands-on approach mainly intended for professionals working as IP administrators, legal assistants, and company employees who deal with legal matters or similar. It has been designed to be a side activity to a normal full-time working commitment with approximately 5 hours of weekly dedication, most of which can be undertaken at the student’s convenience. For more information about the programme, please visit here. Please note that the 5th edition of the Trade Mark and Design Education Programme for Practitioners will be held during the academic year 2023/2024. ----- ECTA has been advocating for introducing a special programme for paralegals and is honoured to participate on the Steering Committee. We encourage our members to invite paralegals in their firms to take part in the programme.
Read more
EUROPOL: 2021 Situation Report on Misleading Invoice Fraud to IPRs Owners
24/05/2022
The EUROPOL recently published the 2021 situation report on misleading invoice fraud targeting the owners of IPRs. The report is the fruit of the cooperation between Europol and EUIPO with the aim to enhance awareness of acquisition fraud connected with national, European and international IPR registration processes and to provide an assessment of the dynamics of the scam. This report further intends to provide an overview of the scope of the invoice fraud, the modus operandi of the suspects and the impact of the scams and may become a useful status report for the attention of judicial authorities as well. ------ ECTA takes an active role in the fight against this type of fraud. To learn more about ECTA Anti-Scam Activities and also to report any such activity to ECTA, please visit our ECTA Anti-Scam Activities page.
Read more
EUROPOL/EUIPO Webinar: Beware of misleading invoices: Act smart against scammers! (24 May)
19/05/2022
The EUROPOL and EUIPO are organising a joint webinar ‘Beware of misleading invoices: Act smart against scammers!’ on 24 May 2022 (10:00-11:00 CET). Should you be interest in attending the webinar, please register here. ------ ECTA takes an active role in the fight against this type of fraud. To learn more about ECTA Anti-Scam Activities and also to report any such activity to ECTA, please visit our ECTA Anti-Scam Activities page.
Read more