Network with hundreds of IP colleagues in Prague for the ECTA 41st Annual Conference ‘Exploring IP Magic’ from 28 June to 1 July 2023! HURRY UP! EARLY-BIRD RATES EXPIRE ON 7 APRIL – REGISTER HERE! Among other interesting panels, we will learn about the latest updates on the fight against counterfeiting in the session “Anti-Counterfeiting Tricks and Spells”. Let's learn more from the moderator, Zsófia Fulajtár (Bérczes Law Office, HU): 1. Could you please introduce yourself and your link to ECTA? My name is Zsófia Fulajtár attorney-at-law from Hungary. I completed my legal studies in Budapest at University of Eötvös Loránd and specialised in IP enforcement, namely I am chasing the bad guys with customs. As our office also represents companies from the wine and spirit sector, I completed a “Droit de la vigne et du vin” master program of the University of Bordeaux and University of Pécs. Currently, I am a member of the ECTA Anti-Counterfeiting Committee. 2. Could you please introduce the topic of your Conference session? The session is named “Anti-Counterfeiting Tricks and Spells”. Our distinguished speakers will give some practical tips and tricks to participants in relation to anti-counterfeiting measures, in light of the new challenges in the context of Covid, war and crisis, as well as the new approaches of law enforcement regarding IP crimes. 3. Could you please introduce the panel of your Conference session? Our distinguished speakers are: • Deputy Head of Unit, DG GROW, European Commission, Claudia Martinez-Felix; • My dear fellow ECTA Anti-Counterfeiting Committee member, Attorney-at-Law at Banning Advocaten, Ranee van der Straaten; • Head of the Central Office for the Fight against Counterfeits, Belgian Federal Police, Chris Vansteenkiste. 4. Why should Conference participants join your session, and at whom in particular will your session be directed? The session is directed to every IP practitioner, as no single sector is unaffected by counterfeiters. Counterfeit products attack the name and value of a known business and, in many cases, can cause harmful and sometimes fatal consequences for the unsuspecting buyer. Unfortunately, counterfeiters are always ahead of us. They routinely target major sporting and other entertainment events to sell counterfeit apparel, merchandise, and tickets illegally or produce and sell products under geographical indications name. Not to mention the danger of taking a falsified medicine. Therefore, all IP lawyers should be proactive and have up-to-date knowledge about the current “trends” and solutions in the fight against counterfeiters. 5. Why should IP colleagues register for the ECTA Annual Conference? There are many good reasons to attend the ECTA Annual Conference! The Conference brings together hundreds of IP professionals from all geographical areas and backgrounds who share a common discipline, and it is a great way to meet and network with many new colleagues in this field. In addition, attendees can also expand their IP knowledge and learn beyond their area or interest. Last, but not least, Prague is a beautiful and unique Eastern European city. **Find out more about the other educational sessions here!**

The March edition of the ECTA Bulletin is out with a cover dedicated to the ECTA 41st Annual Conference in Prague! You will read about: 🔷 the programme of the ECTA Annual Conference, the most important event for our association; 🔷 the application of the Cofemel decision at Member States level in an extensive review; 🔷 the recent ECTA webinar on IP in Africa and workshop on the Metaverse and NFTs; 🔷 changes in Russian IP law, in response to the international community’s reaction to Russia’s invasion of Ukraine; 🔷 the relationship of parody with IP law in the Czech Republic; 🔷 the brief history of oral hearings at the EUIPO; 🔷 interesting cases from Italy on competing Octopus design, toilet seat covers, family feuds and family brands; 🔷 Banksy’s win before the Board of Appeal; 🔷 the value of an LLM degree in the US in the interview with Prof. Daryl Lim from Penn State University; 🔷 latest activities of ECTA Committees. GREAT NEWS: General Committee Elections have recently concluded, and we are proud to announce that we received the highest number of applications ever, with many new members expressly joining ECTA to serve on a Committee! The print-friendly version is available for ECTA members only in the Library section of the ECTA Private Site. If you would like to contribute to the next ECTA Bulletins, please contact the Editorial Board at the respective email address mentioned on p.4.

In March, ECTA took part in a number of in person and online meetings with relevant DGs of the European Commission (including DG CONNECT, DG TAXUD, DG TRADE, DG GROW) and the Permanent Representation of Spain to the EU, to discuss most important topics of the IP agenda in Europe at this moment, such as: • EU Design Reform; • EU Geographical Indications protection for non-agricultural products; • Customs related matters and the upcoming EU anti-counterfeiting toolbox; • Implementation of the EU Copyright Directive; • Interplay between copyright and new technologies; • Efforts on tackling piracy of live events, particularly live sports; • Ongoing Free Trade Agreements negotiations; • IP developments in Ukraine, China, various African countries; • Developments and upcoming legislation in the field of patents; • 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, Mladen Vukmir; First Vice-President, Carina Gommers; Second Vice-President, Paola Ruggiero; Secretary General, Carolin Wittkamp-Kind; Treasurer, Jordi Güell; ECTA Head of Legal Affairs, Anna Ostanina; ECTA Internet Committee Chair, Nicole van Roon; ECTA Anti-Counterfeiting Committee Chair, Luigi Sansone.

It's time to register for the ECTA 41st Annual Conference ‘Exploring IP Magic’ in Prague! REGISTER SOON - EARLY BIRD RATES EXPIRE ON 7 APRIL! Check out the programme here, and attendance options and prices here. ECTA members can attend at a reduced fee, make sure you have renewed your membership before registering! If you are not a member, join ECTA first to benefit from the members' pricing! Early bird rates are available until 7 April (included). The Conference venue is the Prague Congress Centre, quickly accessible from the city centre. ECTA has secured a limited number of rooms at various hotels (in the vicinity of the Conference venue and in the City centre) and they will be sold on a first come first served basis. For details on hotel options, please refer to the confirmation email received after registration. From 28 June to 1 July we will explore the magic of IP through numerous engaging sessions on the latest IP trends and case law, ECTA Committees will meet again to work on impactful projects, and you can bet on great networking opportunities and fun in the most attractive locations. All IP colleagues, whether senior or younger professionals, will benefit from attending the Conference and from this unique and friendly Community. If you are new to ECTA and the Conference we look forward to meeting you at a dedicated reception! Watch the teaser! Watch the video message by ECTA President Mladen Vukmir, inviting all IP colleagues to join us in Prague. Watch the Video Message by ECTA First Vice-President Carina Gommers to discover the academic program. Get ready for another rewarding ECTA Conference!

Join hundreds of IP colleagues in Prague for the ECTA 41st Annual Conference ‘Exploring IP Magic’ from 28 June to 1 July 2023! EARLY-BIRD RATES EXPIRE ON 7 APRIL – DON’T DELAY AND REGISTER HERE! Among other interesting panels, we will discuss the online world and its connection with IP in the session ‘A magic carpet ride through the online world’. Let's learn more from the moderator, Klaudia Błach Morysińska (Zaborski, Morysiński Law Firm): 1. Introduce yourself and your link to ECTA. My name is Klaudia Błach Morysińska, and I am an IP enthusiast. I am involved in ECTA’s activity as Chair of the Law Committee, EUIPO-Link Committee member and Supervisory Board Member. I am an advocate, trade mark, and patent attorney practising in Poland and the EU. 2. Could you please introduce the topic of your Conference session? I have the privilege to moderate the 1st session of the ECTA 41st Annual Conference in Prague: A magic carpet ride through the online world, which will put on spotlight online infringement issues. The pandemic moved a big part of the business to the internet. Due to this fact, the infringement of intellectual property rights increased online. This topic may be discussed from many angles. During our panel, we will focus on actions that can be taken against online infringement and we will check the current state of play in the case law. As to the legislation, we will review how the Digital Services Act - Regulation (EU) 2022/2065 - impacts the possible actions in the online world. 3. Could you please introduce the panel of your Conference session? The distinguished panel comprises experienced speakers, including: ECTA colleague Ilaria Carli - Member of the ECTA Internet Committee and experienced lawyer at Legalitax - will represent the practitioners voice in the panel. Joeri Mombers - Lead IP Counsel at Signify - will put some light on the topic from the business perspective. While Joanna Gęga - Intellectual Property Team Manager at Allegro.pl (online platform in Poland), responsible inter alia for Anti-Counterfeiting & IP enforcement online - will represent the online platforms. The mixture of practitioners, online platforms and business representatives assures the presentation of the topic from different perspectives, which is excellent value. There will also be Q&A time for the audience to discuss this exciting topic with prominent speakers. 4. Why should Conference participants join your session, and at whom in particular will your session be directed? Online infringement is an increasing problem which is affecting our clients. As practitioners, we face a growing number of cases in this area. The panel is interesting not only because of the topic relevance but primarily because of the panellists. It is a unique opportunity to explore this hot topic and a chance to participate in an exciting discussion where all interested parties - practitioners, businesses, and online platforms - can have a voice and present their perspectives. 5. Why should IP colleagues register for the ECTA Annual Conference? The ECTA Annual Conference is always a great event as it is the perfect mixture of educational and social programs. The wide range of topics allows everyone to find something interesting. It is one of the few conferences where one can discuss up-to-date IP topics and network in a familiar atmosphere. Meeting IP friends and spending time in the beautiful scenario of Prague is something that should not be missed! **Find out more about the other educational sessions here!**

The ECTA 41st Annual Conference ‘Exploring IP Magic’ is coming up in Prague from 28 June to 1 July 2023! EARLY-BIRD RATES EXPIRE ON 7 APRIL – DON’T DELAY AND REGISTER HERE! Among other interesting panels, we will discuss CP13 (bad faith) and CP14 (public policy or principles of morality) in a comparative session with the US. Find out more from the moderator, Anette Rasmussen (AWA Denmark): 1. Introduce yourself and your link to ECTA. My name is Anette Rasmussen, partner and attorney at law with AWA Denmark. I have been active within ECTA for many years including in the management and President of ECTA from 2020 to 2022. I very much look forward to moderating this session in Prague. 2. Could you please introduce the topic of your Conference session? The topic of the session is CP13 (bad faith) and CP14 (public policy or principles of morality). We will discuss why it may be interesting to choose marks, as an owner, that can be conflicting with principles of morality. What is the contribution of ECTA and practitioners in CP projects and is it possible or desirable to have pan-European guidelines on such constantly evolving topics? We will then compare the EU with the US system and explain how to give advice on these kinds of marks. 3. Could you please introduce the panel of your Conference session? Colin Manning, Bishop Castle, who represents ECTA in the CP13 project, will inform about how these projects are functioning and the discussions involved. Andreas Renck, Partner, Hogan Lovells, and Benjamin Cantor, Associate, Cantor Colburn, will discuss this topic from a European and American perspective respectively. Barbara Vangheluwe, CEO, BBDO, will provide insights into the communication and branding aspect of trade marks and why, from a trade mark owner perspective, it may be interesting to go into trade marks that may clash with principles of morality. 4. Why should Conference participants join your session, and at whom in particular will your session be directed? The topics of bad faith and principles of morality are ever evolving and often give cause to emotional discussions around trade marks and can be difficult to navigate for professionals and trade mark owners. The panel will set focus on this and is directed towards private practitioners and trade mark owners alike. 5. Why should IP colleagues register for the ECTA Annual Conference? The ECTA Annual Conference is a good place to increase IP knowledge and stay updated, not least with European IP topics. Also, it is a great opportunity to meet colleagues and clients since all attend the evening events, which are usually in some really nice venues. **Find out more about the other educational sessions here!**

The ECTA 41st Annual Conference ‘Exploring IP Magic’ is coming up in Prague from 28 June to 1 July 2023! TAKE ADVANTAGE OF THE EARLY-BIRD PRICING AND REGISTER NOW! Among other interesting sessions, we will discuss domain abuse and trade mark abuse. Let’s learn more from the moderator of this panel, Fabio Angelini (Bugnion S.p.A.): 1. Introduce yourself and your link to ECTA. My name is Fabio Angelini. I am an Italian and US attorney specialising in Intellectual Property. I am currently the Chair of the ECTA Copyright Committee and member of the EUIPO-Link Committee. I’ve been a member of ECTA since 1996 and, during this time, I served as member of the ECTA Supervisory Board and Chair of the Law Committee. 2. Could you please introduce the topic of your Conference session? The workshop ‘Domain abuse and trade mark abuse’ will be held on Wednesday, 28 June 2023, from 16.00-18.00. What ‘abuse’ means and what are the legitimate and non-legitimate conducts are issues which do not always lend themselves to simple and easy answers. Thus, the panelists will explore aspects of trade mark law and practice that are controversial and will offer perspectives which surely will help IP practitioners to navigate an increasingly complex panorama. 3. Who will be on the panel for your session? - Ivett Paulovics, ECTA Internet and EUIPO-Link Committee member, Fasano Paulovics STA, IT - David S. Gooder, Commissioner for Trademarks, United States Patent and Trademark Office, US - Lenka Nahlovska, Secretary and Head of Domain Name Disputes, Czech Arbitration Court, CZ - EUIPO speaker tbc 4. Why should Conference participants join your session, and at whom in particular will your session be directed? There are many issues which arise out of the very peculiar subject matter of ‘abuse’. This session will span different topics and will give practical and not only theoretical insights that may be extremely useful in daily practice. We also plan to allow enough time for the audience to pose questions, thus attending should be of interest to all IP practitioners. 5. Why should IP colleagues register for the ECTA Annual Conference? The ECTA Annual Conference is surely one of the top IP events worldwide as it combines highly expert educational sessions with ample time to network with colleagues from all over the world at several social events. The ECTA Annual Conference is a must-attend event for every IP practitioner and it brings great value to its attendees, allowing both personal and professional development. **Find out more about the other educational sessions here!**

Last week, ECTA and EUIPO held their Bilateral Meeting at the EUIPO Headquarters in Alicante to discuss topics of mutual interest and importance, such as: 🔷 Latest development of the ongoing GI Reform and its future implementation; 🔷 EUIPO response to the war in Ukraine; 🔷 SME programme updates, European Cooperation Projects and other EUIPO projects in which ECTA takes part (such as e.g. SQAP); 🔷 Various procedural issues when it comes to representation before the Office, opposition proceedings, handling of multiple oppositions, and contentious proceedings; 🔷 EUIPO Guidelines and upcoming updates to the Guidelines revision cycles; 🔷 Key recent case law and a number of other practical IP topics. ECTA was represented by Mladen Vukmir (President), Anna Ostanina (Head of Legal Affairs), Benjamin Fontaine (EUIPO-Link Committee Chair, GI Committee Member), Cristina Bercial-Chaumier (EUIPO-Link Committee Vice-Chair, Harmonization Committee Member), Sarka Petivlasova (EUIPO-Link Committee Secretary, Design Committee Member), Olivier Vrins (Geographical Indications Committee Member, ECTA Legal Adviser), Fabio Angelini (EUIPO-Link Committee Member, ECTA Copyright Committee Chair), and Klaudia Blach-Morysinska (EUIPO-Link Committee Member, ECTA Law Committee Chair). We are extremely grateful to the EUIPO for the very productive meeting and for the fruitful cooperation and open dialogue we have established over the past years. We look forward to our future exchanges and cooperation when it comes to improvement of the IP landscape in Europe.

The ECTA 41st Annual Conference ‘Exploring IP Magic’ is coming up in Prague from 28 June to 1 July 2023! TAKE ADVANTAGE OF THE EARLY-BIRD PRICING AND REGISTER NOW! Among other interesting sessions, we will discuss brands in sport. Let’s learn more from the moderator of this panel, Bernard Volken: 1. Could you please introduce yourself and your link to ECTA? My name is Bernard Volken, partner of the Swiss law firm Troller Hitz Troller and Chair of the ECTA WIPO-Link Committee. I represent professional athletes (Olympic winners and World champions), sports associations, football clubs, and I also teach sports law in Zurich. I am glad to moderate this session. 2. Could you please introduce the topic of your Conference session? There is no elite sport without trade marks. The topic of the session is ‘The Superpower of Brands in Sports’ and the intention is to show the importance of trade marks in sport. 3. Who will be on the panel for your session? The Swiss ski racer Ramon Zenhäusern, Olympic gold and silver medalist, World champion, 12 podiums, winner of 5 World Cup slaloms (last victory in Chamonix on 4 February 2023), will share with us how trade marks influence his daily sports life and why he protected his trade marks. Guillermo Mier Y Concha Martinez, Red Bull Brand Enforcement Manager Europe, will reveal to us how Red Bull’s sport engagements are conceived and structured. Stefanos Tsimikalis, partner of the Greek law firm Tsimikalis Kalonarou, who attended the Olympic Games 2010 in Vancouver as a Ski athlete, will speak about the overlap between IP and sport, naming and image rights and the respective case law. 4. Why should Conference participants join your session, and at whom in particular will your session be directed? The importance of IP in elite sports is significantly increasing. This session will showcase different actors and perspectives from the world of sports and its overlap with trade marks. The panel is particularly directed at practitioners passionate about sports and the practical approach of the discussion will provide insights into a field rarely known to IP attorneys. 5. Why should IP colleagues register for the ECTA Annual Conference? The ECTA Annual Conference is a very valuable platform to increase IP knowledge and stay up to date with the latest trends. Practitioners from different countries bring in different approaches from different jurisdictions, and participation in the ECTA Conference is a perfect networking opportunity. **Find out more about the other educational sessions here!**

Regrettably we cannot accept further registrations as the event is FULLY BOOKED. The ECTA Round Table ‘Geographical indications in the turmoil - Understanding the legal reform, the audacious case law and the relationship with trade marks’ will take place in Alicante (Spain) on 2 March, 16.30 - 19.30 CET. The event is co-organised with the Commercial Law Department of the University of Alicante. Participation is free of charge and onsite only. You can consult the programme with speakers here. After the welcome by ECTA President, Mladen Vukmir, and the EUIPO Executive Director,Christian Archambeau, we will proceed with the following panels: Panel 1: ‘Does the ongoing legal reform bring solely good news?’ Panel 2: ‘Evocation or no evocation? That is the case law’ Panel 3: ‘Collective marks and GIs, what’s wrong?’ A coffee break will take place after the first session and a networking cocktail will be offered to participants in the same venue from 19:30-21:00. We encourage all attendees to stay for this friendly and informal exchange with speakers and attendees. Please find the bio of all moderators here. Please find the bio of speakers of panel 1 here. Please find the bio of speakers of panel 2 here. Please find the bio of speakers of panel 3 here.

The ECTA 41st Annual Conference ‘Exploring IP Magic’ is coming up in Prague from 28 June to 1 July 2023! REGISTER NOW AT THE EARLY BIRD FEE! Among other sessions on cutting-edge IP topics, we will discuss ‘Geographical Names as Trade Marks: Road to Nowhere?’ in a panel moderated by Sozos-Christos Theodoulou (The Law Offices of Dr. Christos A. Theodoulou LLC). Let’s learn more from Sozos: 1. Could you please introduce yourself and your link to ECTA? My name is Sozos-Christos Theodoulou and I am a practicing lawyer in Cyprus, specialising in Intellectual Property. I am currently the Chairman of the IP Committee of the Cyprus Bar Association and served as President of ECTA from 2018-2020. 2. Could you please introduce the topic of your Conference session? The 7th Session of the ECTA Annual Conference 2023 will be dedicated to geographical names and their relationship with trade marks. How ‘safe’ are country or region names among so many trade marks around the world? Do countries automatically own trade marks, which match their names? Can private enterprises use such names in trade, to their own benefit? What is the role of public policy in these situations? How does a lawyer correctly prepare evidence and how important is the relevant public for authorities to decide on such matters? These and many other questions will be addressed by the panelists. 3. Who will be on the panel for your session? The distinguished panel is composed of three experienced speakers: • Leading IP practitioner at E.G.Y.P., Benjamin Fontaine • Permanent Secretary, Icelandic Ministry of Health, Ásta Valdimarsdottir • Chairperson of the EUIPO 2nd Board of Appeal, Sven Stürmann 4. Why should Conference participants join your session, and at whom in particular will your session be directed? Conference attendees are most welcome to join our session, which aspires to introduce an exciting topic that has not been properly addressed to date by the Intellectual Property community. The session will mainly be devoted to the presentation and legal analysis of case law (ANDORRA, ICELAND and others), relating to the registration of geographical names as trade marks. Specific issues will be addressed, such as public interest and policy, the correct preparation of evidence and the notion of relevant public. In the end, a lively discussion will be engaged with the audience, during which many interesting points will be touched upon. Hence, the session is directed at all IP practitioners, who wish to learn more about this original topic. 5. Why should IP colleagues register for the ECTA Annual Conference? The ECTA Annual Conference is the flagship IP event of the year! It gathers more than 800 IP professionals from Europe and the whole World. The educational sessions, covered by top-level speakers, always deal with matters of actual interest, with a keen eye to the future. Networking is characteristic of the ECTA Annual Conference, as attendees take part in multiple events together in beautiful surroundings over 3-4 days. Not to be missed! **Find out more about the other educational sessions here!**

The EUIPO’s Academy offers webinar courses every Tuesday. Please note that the recorded webinars are available on the EUIPO learning portal after the broadcast. The February schedule of the webinars is as follows: Tuesday 7 February, 10:00-11:30 (CET): Practical guidance for comparing goods and services - Intermediate Tuesday 14 February, 10:00-11:00 (CET): The new rules of the game on the Internet: the Digital Services Act and IP - Intermediate Tuesday 21 February, 10:00-11:00 (CET): AI and IP rights. Protection for AI technology businesses - Intermediate Tuesday 28 February, 10:00-11:00 (CET): Overlap between RCDs and EUTMs - Intermediate Visit the Academy's Calendar to access the webinars and see the latest updates for the upcoming months. For further information about the EUIPO Academy's learning offer please visit the Academy's Learning Portal.

ECTA, INTA and MARQUES have once again joined forces to review the European Commission’s proposals for a revised EU Designs Regulation and Directive and submitted yesterday the Joint Comments to the respective Public Consultation (please see here). Our input built largely on the recommendations provided to the European Commission over the past years, in particular, our Joint Paper on Legal Review of EU Designs System, submitted in July 2018 (please see here), and Joint Comments on the European Commission’s Inception Impact Assessment submitted in January 2021 (please see here). In this context and based on the ECTA Design Committee’s reflections and discussions in the last years, ECTA also submitted a number of individual position papers and other contributions on designs, such as a Position Paper on 3D Printing and its Implications on Design Law (please see here) in April 2021 and the Position Paper on the interpretation of technical functionality under art. 8(1) CDR (please see here). We welcome the efforts of the European Commission in attempting to achieve greater harmonisation in the area of industrial designs and taking on board some of the proposals and recommendations presented in our earlier papers and joint submissions. We would also like to thank the ECTA Design Committee as well as the Design teams of INTA and MARQUES for their collaboration and relevant contributions towards a more modern and efficient EU design system. ----- ECTA Design Committee is strongly involved in design-related matters. If you would like to join this Committee, take part in the General Committee Elections and apply before 3 March 2023.

The ECTA General Committee Elections are open! Being part of an ECTA Committee is an invaluable opportunity to network and cooperate with many IP professionals from the EU and beyond, follow policy developments on your topic of interest, work on impactful projects, represent ECTA in working groups with EUIPO, WIPO and the European Commission and much more. If you are interested, please carefully read the following documents and make sure you have renewed your membership for 2023 before submitting your application. If you are not a member, please join ECTA first. • ECTA Committee Member Expectation Sheet • ECTA Bulletin article on General Committee Elections 2023 • Overview of our Committees COMMITTEE TERM: The Committee term constitutes two years (2023-2025), and Committee members may serve on the same Committee for a maximum consecutive term of six years* (three terms of two years each). Please note that Committee membership is not renewed automatically. Current Committee members will have to re-apply, if they have not yet reached the maximum term and wish to stay on the same Committee for another term. To determine your eligibility, check how long you have been a member of your Committee in ‘My Profile’ section of the ECTA website. If you are not eligible, you can still submit your application for another Committee or, after a break of two years (in 2025), it is possible to re-apply for your current Committee. APPLICATION PROCESS: ECTA members should apply for ONE COMMITTEE ONLY * by filling in the online application form. All ECTA members, both from EU and non-EU, can apply for a Committee (however, please read the Committee description carefully first, to see where your expertise and jurisdiction would be a better fit). When completing the application form, please indicate where required your 1st and 2nd Committee choice of preference. The list of nominations will be forwarded to the respective Committee Chair for evaluation. In case you cannot be accepted in your 1st choice, you will be automatically considered for your 2nd choice. Please, supplement your application by describing briefly your IP expertise and your previous ECTA involvement (if any) where indicated in the form. The outcome of your application will be known in May 2023. The Committees’ changeover date is on 10 July 2023, the newly composed Committees will become operational from that date onwards and the first meeting will be held on 12-13 October 2023 at the ECTA Autumn Meeting in Turin (Italy). To apply for a Committee of your choice make sure to submit your candidacy by completing the application form BY 3 MARCH 2023 (no late applications can be accepted)! You have received the link to apply via email or log into the ECTA private site. *In specific circumstances there may be exceptions to the general rules, namely the possibility to serve in two Committees or to exceed the maximum term of six years in the same Committee. In such cases, the member has to complete the application form and contact the respective Committee Chair(s) at the same time, who will submit the exception form to the ECTA Secretariat. Any exception is to be approved by the ECTA Board of Directors. We look forward to receiving your application and thank you in advance for the interest in serving our association!

The call for applications to the SME Fund 2023 is open until 8 December 2023. The Fund is a grant scheme designed to offer financial support to EU SMEs to protect their IPRs. The Fund is a European Commission initiative implemented by the EUIPO in collaboration with European national and regional IP Offices. Applications can be submitted for Voucher 1 IP pre-diagnostic services (IP Scan) and Voucher 2 Trade Marks and Designs. In the SME Fund 2022 these both fell under Voucher 1. - Beneficiaries of Voucher 1 will get 90% off IP Scan services on expert advice and guidance for IP strategy, saving up to EUR 1.350; - Beneficiaries of Voucher 2 will get 75% off the basic application fees for trade mark and design at EU level, national and regional level, and 50% off the basic application fees for trade mark and design outside the EU, saving up to EUR 1.000. Full information about the requirements and how to apply for financing support can be consulted here. Funds are offered on a first come, first served basis. To follow the SME fund 2023 related news, you can subscribe to the newsletter. ---- Following the special focus on SMEs by the European Commission and the EUIPO, ECTA established the ECTA SME Task Force in 2021 to assist our Association in taking active part in the EU debate and activities related to SMEs. ECTA aims to contribute to more and better use of IP by SMEs as well as to highlight the relevant role of IP practitioners in bringing this about. If you wish to join the SME Task Force or another ECTA Committee, General Committee Elections are ongoing: submit your application here.

As of 1 February 2023, amendments to Section 11 of the Administrative Instructions for the Application of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks will enter into force. Applicants and holders will be required to communicate with the WIPO International Bureau by electronic means. If not already done, they should provide an e-mail address as a matter of urgency by presenting an online request here using the Change in Holder Details or the Management of Representative tools. For further information, please refer to Information Notice No. 19/2022.

Happy New Year! May 2023 be a joyful year for you all and may it mark the end of all wars and the restoration of the state of peace. My thoughts and those of the ECTA Family are in particular with the people of Ukraine. Despite the difficulties at a global level, 2022 was a successful year for ECTA and allowed us to meet again in person after a two-year hiatus. It was exceptional to see many ECTA friends at the ECTA ®etreat in Milan, at the memorable ECTA 40th Annual Conference in Copenhagen, and at the ECTA Autumn Meeting in Ljubljana with a successful workshop on the metaverse and NFTs. In 2022, we also hosted a number of online events, such as the round table on the limits of good faith and our first Africa-dedicated webinar. Among others, we met with relevant DGs of the European Commission, held fruitful Bilateral Meetings with EUIPO and WIPO, signed a MoU with the Bulgarian IP Office, launched the ECTA Award, actively participated in the European IP debate, as well as completed several submissions to authorities, external and internal papers for the benefit of ECTA members and the IP community. Looking ahead to 2023, a lot is cooking for you! At the end of January, you can register at the early bird fee for the ECTA 41st Annual Conference ‘Exploring IP Magic’ in Prague (28 June - 1 July). Get ready for an extensive programme with informative sessions, distinguished guests, lively discussions, networking opportunities...and fun! Don’t forget to also mark these dates in your calendar: • 16 January: Launch of the ECTA General Committee Elections. Members can apply to join one of our Committees and contribute to the core of ECTA. If you are not yet a member, join ECTA first! • 28 February: Deadline to submit your paper for the ECTA Award. • 2 March: ECTA Round Table in Alicante ‘Geographical indications in the turmoil - Understanding the legal reform, the audacious case law and the relationship with trade marks’, co-organised with the University of Alicante; • 20 April: ECTA ®etreat online on non-traditional trade marks; • 12-14 October: ECTA Autumn Meeting in Turin for Supervisory Board and Committee members. In 2023 we will build on and develop 2022’s achievements. We will deepen ties with our stakeholders and establish new ones both at an international and local level, advocating for a balance of IP rights. We will also continue to closely monitor, keep our members updated and contribute to the most relevant topics on the IP agenda in Europe, such as the support to SMEs, AI, EU anti-counterfeiting toolbox, and the EU Design and GIs reforms. Last but not least, three editions of the ECTA Bulletin are in the pipeline! On behalf of the Board of Directors, I express my gratitude to all ECTA members and invite you to renew your membership (if you have not done so yet) to get the most out of our Association. If you wish to join ECTA, please submit your membership application here. Select the membership category that suits you best and start benefitting from the advantages of being a member. I would be delighted to welcome you to the ECTA Family! Yours sincerely, Mladen Vukmir, ECTA President

In line with the Strategic Plan 2025 and its commitment to modernise EUIPO’s digital service, the Office recently made available for all users the following tools: 1) API PLATFORM Following Decision No EX-22-6 of 1st August, filers can now connect their own IP management systems with the EUIPO one through the API platform. This allows customers to directly register a EUTM from their own systems and aims to make IPR service requests simpler, faster and with a reduced risk of errors. To find out more about the EUIPO API products and learn how to get started, please read here. 2) NEW EUTM FILING FORM The EUTM filing form has been updated with new features such as customisation options, a new design, faster goods and services management, and enhanced security. You can learn about all improvements by watching this dedicated webinar. Both tools have been tested beforehand by customers and developed taking into consideration the feedback received. By the end of Janaury 2023, the EUIPO aims to completely replace the current 5-Step Form and Advanced Form with the new EUTM filing form. Also, the Office is going to involve users to test a new filing form for designs as well as new products for the API platform for designs, with the plan to launch them next year. The ECTA EUIPO-Link Committee welcomes the introduction of these new tools which will certainly help in the filing procedure and will avoid formal deficiencies and classification issues.

By Delia Belciu, ECTA Data Committee Chair, DB Law Office, RO The framework governing the transfer of data to and from the United States to EU is expected to change soon and the ECTA Data Committee is closely monitoring the developments. Following the Court of Justice of the European Union decision as of July 16th, 2020, in the Schrems II case, the Privacy Shield framework which governed the data transfers between the EU - US was invalidated, with a big impact especially for the business sectors. On March 25th 2022, the President of the European Commission, Ursula von der Leyen, and US President, Joe Biden, announced that they had reached an agreement in principle on a new EU-U.S. Data Privacy Framework. The framework is intended to foster trans-Atlantic data flows and to address the concerns raised in the Schrems II case. Following that, the EU and US teams worked for many months to finalise the details of this agreement and translate it into a legal framework. On October 7th, 2022, US President, Joe Biden, signed an Executive Order on “Enhancing Safeguards for United States Signals Intelligence Activities”. The Executive Order introduces new binding safeguards to address all the points raised in the Schrems II case, limiting access to EU data by US intelligence services and establishing a Data Protection Review Court. Along with the Regulations issued by the Attorney General on the same day, the Executive Order implements into US law the agreement in principle reached between the US Government and the European Commission. The European Commission is to prepare a draft adequacy decision and then launch its adoption procedure. Until then, model clauses, which companies can introduce in their commercial contracts, are the most used mechanism to transfer data from the EU. Last year, the Commission adopted “Standard Contractual Clauses” to facilitate their use, including in light of the requirements set by the Court of Justice in the Schrems II case. All the safeguards that the European Commission has agreed with the US Government in the area of national security (including the redress mechanism) will be available for all transfers to the US under the GDPR, regardless of the transfer used tool. The ECTA Data Committee will continue monitoring the developments on the agreement and will keep the ECTA community updated. If you wish to join the Data or another ECTA Committee, General Committee Elections are coming up on 16 January 2023, check ECTA emails attentively in order not to miss your opportunity to apply!