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By Patrick Wheeler, ECTA Data Committee Vice-Chair, Partner, Collyer Bristow LLP, UK (Assisted by Zoë Dekker, Trainee Solicitor, Collyer Bristow LLP, UK) Following Brexit, the General Data Protection Regulation (GDPR) no longer has direct effect in the UK. In its place, a UK version of GDPR was introduced under the Data Protection Act 2018. The wording of the UK law is for most purposes a mirror image of the EU GDPR. However, the interpretation of the law in the UK is not bound by EU decisions, and the approach of the UK Information Commissioner differs in a number of respects from the approach taken in various EU countries and regions. A new UK Information Commissioner, John Edwards, was appointed in January 2022. Following a period of consultation with businesses, organisations and the public, the Information Commissioner’s Office (ICO) announced they would be changing their approach to data breaches committed by public bodies. The new approach to enforcement sits within the ICO’s new three-year strategy - ICO25 - which focuses on “Empowering you through information.” The key objectives are to: 1. Safeguard and empower people 2. Empower responsible innovation and sustainable economic growth 3. Promote openness, transparency and accountability; and 4. Continuously develop the ICO's culture, capability and capacity It is noticeable that, both before and after the introduction of UK GDPR, a lot of the enforcement actions, including fines, were taken against national and local government bodies, National Heath trusts and other public institutions. In many cases fines were imposed to punish and deter persistent breaches of data protection laws. The ICO’s new enforcement strategy will be defined by transparency, proportionality, and accountability. The idea is to “regulate for outcomes”. A “graduated” response to non-compliance will take account of the circumstances of the specific breach and any mitigating steps taken. The ICO will draw on its wider powers including warnings, reprimands, compliance orders and bans on processing before resorting to fines. While fines have been “headline-grabbing”, they have given rise to concerns about the funding structures for public bodies. Fines are paid out from the monies available for the provision of services to the public, so higher fines mean a reduction in service provision. There is also limited evidence that fines are an effective deterrent in the long-term. Instead, the ICO would like to use other enforcement measures as a way of correcting bad practice through education, and a means to build cooperation and trust. Another change is to the degree of publicity that the ICO’s enforcement measures will be given. Until now only the more serious measures, including fines, have been published on the ICO website. In November 2022 it was announced that retroactively from January 2022, the ICO will be publishing all reprimands that it issues, alongside enforcement notices and fines. The published information will include the name of the organisation, the duration of the infringement, and the scale and number of data subjects affected. The strategic objective is to focus on the work done by the ICO behind the scenes, principally, disseminating information such as lessons learnt and best practice. The new Commissioner believes that publishing reprimands will provide greater accountability (as victims of data breaches have the right to know the bodies are being held to account, and that practices have changed), and that the information will also be of relevance and significance to the rest of the economy. Greater certainty and a more predicable approach to enforcement will lead to more flexibility and innovation, and the increased transparency should provide a greater degree of security to the public, encouraging more confidence in sharing personal data. Fines will still be used in the most severe cases, particularly where harm was or may have been caused to a person, or where the organisation profited from the non-compliance. This increased focus on transparency will provide more information for individuals who suffer loss and damage as a result of a data breach to decide whether to pursue claims. Whether the newly published information can be used as evidence of breach of the UK GDPR and the basis of legal action, is yet to be assessed. ----- The views expressed are those of our members and not necessarily of ECTA as an association. The content has not been subjected to a verification process, the accuracy of the information contained in the article is responsibility of the author.
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The European Commission has published a report on the protection and enforcement of IPRs in third countries. Its main objective is to identify third countries in which the state of IPR protection and enforcement gives rise to concern and provide an updated list of so called ‘priority countries’. Such countries are not necessarily those where IPR protection and enforcement are the most problematic in absolute terms but rather those where deficiencies are considered to cause the greatest economic harm to EU interests. China remains the top priority country, as was the case in previous editions of the report. Other priority countries include Argentina, India, Indonesia, Nigeria, Saudi Arabia and Turkey. The aim of the report is to inform rights holders, including SMEs, of the potential risks when conducting business in certain countries. Furthermore, the report includes details of the various EU’s IP activities, including EU funded programmes.
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The EUIPO is working to modernise its services and improve user experience. In particular: • A new pre-assessment service will first be made available to a pilot group for feedback. The aim is to facilitate the filing procedure for users and help reduce objections and deficiencies. During the filing procedure, users will be able to use some of the checks performed by EUIPO examiners; • A standalone tool is being developed to let users perform checks prior to filing an EUTM application; • An optimised customer care service will soon be introduced. From June onwards, users can contact for general queries or call +34 965139100. The following contacts will no longer be used: - Information Centre ( - Key User Management (, +34 965139110) - E-business support line (, +34 965139400) • the Key User Newsflash will be rebranded as IP Expert Newsflash.
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REGISTER for the ECTA 41st Annual Conference! All registrants can now download the Conference App to access the delegates list and start networking! Among other interesting panels, non-agri GIs will be discussed in a session moderated by Andrea Ringle (BRL Boege Rohde Luebbehuesen, DE): 1. Please introduce yourself and your link to ECTA. My name is Andrea Ringle. I am attorney-at-law and partner of the multidisciplinary German law firm BRL and a registered specialist lawyer for IPRs. I work in the field of Intellectual Property since 2002 and have collected particular experience in connection with geographical indications over many years. Currently, I am the Chair of the ECTA Geographical Indications Committee. 2. Please introduce the topic of your Conference session. The session ‘Non-agri GIs: Alchemy?’ will provide an overview, a deep insight, as well as an outlook on the mechanism to protect local craft and industrial products. While the existence of non-agri geographical indications might not be very present in the public perception today, this is likely to be changed in the near future: an EU regulation on geographical indication protection for craft and industrial products is in the legislative process and represents a novelty. We will also focus attention to the new role of EUIPO in this context and learn about practical experiences in the registration process and protection of non-agri GIs. This will be combined with a comparison with the more common handling of agricultural geographical indications. 3. Please introduce the panel of your Conference session. • Pilar Montero, Commercial Law Professor, University of Alicante; • Katarina Kompari, EUIPO Legal Department; • Audrey Aubard, Secretary General of AFIGIA and International Consultant, specialised on territorial branding and quality schemes strategies. 4. Why should Conference participants join your session, and at whom in particular will your session be directed? The speakers of this panel have exceptionally profound knowledge in the field of geographical indications. This session will help IP practitioners to understand the system and protection strategies and it will provide an update on important recent development in this specific but significant field of law. We will show you a path through the jungle of protecting non-agri GIs! 5. Why should IP colleagues register for the ECTA Annual Conference? The ECTA Annual Conference is the yearly highlight for IP practitioners working in the EU. The educational sessions keep you up to date and expand horizons. Pared with personal and business relationships that are easily built, as well as the possibility of exchanging experiences, the ECTA Annual Conference should not be missed. Plus, the beautiful city of Prague is certainly worth a trip! **Find out more about the other educational sessions here!**
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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 May schedule of the webinars is as follows: Tuesday 16 May, 10:00-11:00 (CET): Explanation of strategies used for efficient decisions in inter partes proceedings - Intermediate Tuesday 23 May, 10:00-10:45 (CET): International Cooperation: the IP actions of the EUIPO globally - 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.
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The Council and European Parliament has recently reached a provisional deal on the regulation for non-agri GIs, which aims to establish directly applicable GI protection for craft and industrial products at the EU level. As indicated in the official press release here, the political agreement: - “guarantees the coherence with GI protection rules for agricultural products by applying the concept of ‘protected geographical indications’ (PGIs), which ensures that GIs are attractive for producers maintaining a strong link between the product’s characteristics and its geographical origin; - provides for efficient control and verification procedures for the protection of GIs with a system based on self-declaration as the default procedure that member states reinforce with controls; - ensures that the protection of craft and industrial GIs also applies to the domain name space and the online environment; - facilitates procedures for the registration of GIs, in particular for SMEs, while ensuring a high level of legal protection with EUIPO playing an important role on the registration procedures for craft and industrial GIs.” The provisional deal will need to be endorsed and formally adopted by both institutions. ----- ECTA is following closely the GI reforms ongoing in the EU and has contributed regularly with the help of our dedicated GI Committee during the public consultations on GI and non-agri GI topics in the recent years. ECTA is also regularly holding GI related events and discussions, including, most recently, the ECTA Alicante Round Table in March 2023 on GI reform, and a session dedicated to non-agri GIs during the upcoming ECTA Annual Conference in Prague in June 2023. 
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Europol and EUIPO have recently released a new procedure manual to combat misleading payment requests and protect IPRs applicants and owners. The publication provides an overview of key issues when facing misleading invoices, the profiles of scammers, advice on how to identify misleading communications and how applicants and IP offices can protect themselves. According to Europol’s analysis, 2% of IPR applicants and owners are victims of such scams. This happens particularly during the multi-phased process of registering IP, which can create uncertainty for the applicant, or when it comes to the renewal stage. The manual is useful for IPR applicants and owners, European Law Enforcement Agencies, national, regional and international IP offices. ------ 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.
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Join us at the ECTA 41st Annual Conference and network in a friendly atmosphere - More than 700 IP colleagues have already registered! HURRY UP AND REGISTER! Among other interesting panels, we will dig deep into the EU Design Reform in a session moderated by Katri Kiviniemi (Bryn Aarflot AS, NO): 1. Please introduce yourself and your link to ECTA. My name is Katri Kiviniemi, European and Finnish Trade Mark and Design Attorney, currently living and practising in Oslo, Norway. I have been an active member of ECTA for some years already and, since last year, Chair of the ECTA Design Committee. 2. Please introduce the topic of your Conference session. Design law reform in the European Union has been ongoing almost ever since the European level of protection for designs came into existence at the beginning of the 21st century, and we are now closer than ever to having an updated European design law. In this session ‘Illuminating the Design Reform’ our aim is to give you a review of the process, further update on the current status, as well as bring forth some practical implications the new law may have, should it be adopted in its current form. 3. Please introduce the panel of your Conference session. I am very excited about our distinguished panel. We have a perfect combination of stellar industry expertise, attorney from private practice with considerable experience on design prosecution and high-level representation from the EUIPO Legal Department: • Director of Legal Department, EUIPO, Dimitris Botis; • Benelux and European Trade Mark and Design Attorney, Winger Trademarks BV, Vice-Chair of ECTA Design Committee, Rogier Goos; • Senior IP Counsel, Trade Marks and Designs, Phillips Intellectual Property & Standards, Edanela Perez Broce. 4. Why should Conference participants join your session, and at whom in particular will your session be directed? Design rights are a very important part of the intellectual property portfolios of many companies already, however, in my opinion, still somewhat underused and undervalued. This is a great opportunity for attorneys already working with designs, both in private practice and in-house, to get an easy update on the expected changes to the design law in the European Union, as well as to all others to get a better understanding of the design rights in the European Union and their possibilities through some practical examples. 5. Why should IP colleagues register for the ECTA Annual Conference? I cannot think of a more pleasant way of getting updated on what is going on in the world of intellectual property rights than attending the ECTA Annual Conference. You will not only benefit from the topical educational sessions but from the lively discussions with fellow IP professionals in between and after sessions. Hope to have an opportunity to meet you in Prague! **Find out more about the other educational sessions here!**
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The European Commission has published the ‘Patent Package’ with the aim of making the patent system more effective by further eliminating Single Market fragmentation, reducing red tape and enhancing efficiency. The proposed regulations are focused on the following key areas: • Standard essential patents (SEPs) • Compulsory licensing of patents in crisis situations • Revision of le legislation on supplementary protection certificates (SPCs) The EUIPO is proposed to become a competence centre to support transparency and FRAND determination in relation to SEPs, as well as the responsible body for a centralised examination procedure to be implemented in close cooperation with EU IP offices. These proposals will complement the Unitary Patent system, which will be operational as of 1 June 2023. To find out more and read the proposed regulations, please click here.
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HAPPY WORLD IP DAY - Read Interviews with Inspiring Women in IP!
On the occasion of this year’s World IP Day theme ‘Women and IP: Accelerating Innovation and Creativity’, ECTA Head of Legal Affairs Anna Ostanina interviewed several incredible women coming from different countries and cultural backgrounds, working in diverse IP related roles, but who are united by the same passion for IP. They share how they chose and navigated this dynamic environment and give valuable advice for those women who are starting or already are on the path of a career in IP. Enjoy reading HERE about the inspiring experiences of: 🌺Debbie Roenning, Director of the WIPO Madrid Legal Division (CH) 🌺Judge Vesna Tomljenović, General Court of the EU (LU) 🌺 Prof. Marie-Christine Janssens, Head of Unit, KU Leuven Centre for IT & IP Law (BE) 🌺Claudia Martinez Felix, Deputy Head of Unit, European Commission, DG GROW (BE) 🌺Virginia Melgar, Chairperson of the 5th Board of Appeal, EUIPO (ES) 🌺Deborah A. Hampton, Trade Mark Team Leader, Senior Trade Mark & Copyright Program Manager, The Chemours Company FC, LLC (USA) 🌺Anette Rasmussen, Partner, Attorney-at-law, AWA Denmark A/S, Past ECTA President (DK) Today, we wish to celebrate at large all women involved in IP, and particularly those among ECTA members, whose active participation enriches our diverse and equal community. We thank you and feel proud to have you in our ECTA family! We are also happy to share that the Diversity & Inclusion Task Force has been established within the ECTA Professional Affairs Committee, with the aim to further promote diversity and inclusion in our association by monitoring and analysing ECTA’s efforts in this regard, providing input on possible initiatives and events to enhance awareness and inclusivity, as well as advising on any D&I issues within ECTA raised by any member. Happy World IP Day! 🌺
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Register for the ECTA ®ETREAT on Non-Traditional Trade Marks
Touch me if you can! REGISTER for the ECTA ®ETREAT on non-traditional trade marks, to be held online on 20 April 2023 (16.00-18.00 CET). After a welcome by Carina Gommers (ECTA First Vice-President, Wiggin, BE), Carolin Wittkamp-Kind (ECTA Secretary General, Greyhills Rechtsanwälte, DE) will moderate a panel of distinguished experts comprised of Tanguy de Haan (NautaDutilh, BE), Barbara Niemann-Fadani (Boult Wade Tennant, UK), Nicole Ockl (HLK IP, DE), and Heike Bhonsle (Crocs, NL). Following an overview of the various non-traditional trade marks, the discussion will focus on the most relevant one in practice, namely the shape mark. We will dig deep into the most recent EU case law as well as provide practical advice on filing and prosecution strategies and what can be done once the mark has been registered. The topic will also be examined from the UK jurisdiction perspective, particularly as concerns infringement litigation, and from the industry perspective. Speakers will be glad to answer questions from the audience. ECTA members can participate at a reduced fee (50,00 €), non-members (70,00 €), officials, full-time students and professors (free of charge).
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2023 EUIPO Guidelines for Examination of EUTMs and RCDs are out
The 2023 EUIPO Guidelines for examination of EU trade marks and registered Community designs have been published in English, French, Italian, Spanish and German, with translations into other languages. The Guidelines outline the EUIPO’s general instructions to be applied in the most frequent scenarios and adapted to specific cases. Among various changes, this edition contains a new section on the Office’s approach to classification of NFTs, virtual goods and virtual services. ----- ECTA contributed actively during the last revision cycle of the Guidelines and thanks its members for their active participation.
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ECTA MEMBER’S VOICE: Order of ban for ChatGPT by the Italian Data Protection Supervising Authority
By Paolo Maria Gangi, ECTA Data Committee Member, Studio Legale Gangi, IT The Italian Data Protection Supervising Authority (Italian SA) issued on 23 March 2023 an order of temporary limitation of data processing of Italian data subjects by the US company OpenAI in relation to the well-known AI software ChatGPT. Although ChatGPT has raised a number of legal and ethical questions in many jurisdictions, this appears to be the first decision ever issued by a regulator or a tribunal in relation to this cutting-edge software. The Italian SA has identified OpenAI as the controller (Article 24 GDPR) of data processing by the AI system ChatGPT and has held that this AI technology infringes Articles 5, 6, 8, 13 and 25 of the General Data Protection Regulation (‘GDPR’). In particular, the decision of the Italian SA is based on the following: • No information is provided to users and data subjects; • There is no legal basis for the collection and processing of personal data to ‘feed/train’ the algorithms on which the AI software relies; • The information made available by ChatGPT does not always match factual and specific circumstances, so there is the risk of processing inaccurate personal data; • Finally, the Italian SA emphasizes that the lack of whatever age verification mechanism exposes children to the danger of receiving responses by ChatGPT that are absolutely inappropriate to their age and awareness, even though the service is allegedly addressed to users aged above 13, according to OpenAI’s terms of use. OpenAI is based in the US and does not have a subsidiary or a branch in the EU, but has designated a representative in the European Economic Area. At this point, ChatGPT will have to notify to the Italian SA within 20 days the measures implemented to comply with the decision, otherwise a fine of up to EUR 20 million or 4% of the total worldwide annual turnover may be imposed. On April 5th, the Italian SA held a meeting online with OpenAI top management (including Sam Altman, CEO, and Che Chang Deputy General Counselor) where OpenAI, although stressing to believe to not be infringing any law, confirmed its willingness to cooperate with the Italian SA. On April 8th, the Italian SA released another official communication where it said that the Authority started to analyse the documents sent by OpenAI after the online meeting and that there will be another internal meeting of the Authority today, April 11th. The Authority will likely communicate its final decision (i.e. whether or not to confirm the ban on ChatGPT) in the next weeks. ----- The views expressed are those of our members and not necessarily of ECTA as an association. The content has not been subjected to a verification process, the accuracy of the information contained in the article is responsibility of the author.
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ECTA 41ST ANNUAL CONFERENCE IN PRAGUE – EARLY BIRD ENDS TODAY! Interview with Karel Šindelka, moderator of the session ‘Works of Applied Arts’
Network with hundreds of IP colleagues in Prague for the ECTA 41st Annual Conference ‘Exploring IP Magic’ from 28 June to 1 July 2023! EARLY BIRD ENDS TODAY! LAST CHANCE TO REGISTER AT A DISCOUNTED RATE! Among other interesting panels, we will discuss the protection of applied arts in a session moderated by Karel Šindelka (Šindelka & Lachmannová advokáti s.r.o. CZ): 1. Could you please introduce yourself and your link to ECTA? My name is Karel Sindelka and I am an IP lawyer based in the Czech Republic. My focus is on the prosecution and enforcement of all kinds of IP, both in my home country and throughout the EU. I have been a member of ECTA for the past 13 years, during which I have been actively involved in several aspects of the association, including serving as a member of the ECTA Supervisory Board and ECTA Internet Committee. I'm also proud to be a member of the Local Organising Committee for the upcoming ECTA 41st Annual Conference in Prague this June. 2. Could you please introduce the topic of your Conference session? During the 6th session, entitled ‘Works of Applied Arts’ and scheduled for Friday, 30 June, we will discuss the protection of applied arts under different legal frameworks - including copyright, trade mark, design, and unfair competition - as well as analyse various concepts and legal requirements both in the EU and US practice. We will also examine landmark and recent case law, provide practical examples of IP protectability and enforcement of different objects of applied arts, and discuss the pitfalls and differences between various forms of protection of utilitarian objects. Our session will particularly focus on the fashion industry and provide valuable insights into practical aspects of enforcing IP rights in this field. 3. Could you please introduce the panel of your Conference session? I have the honour of moderating a panel of three distinguished speakers from the private practice and industry: Dennis Cavanaugh is an experienced US attorney with over 30 years of experience in IP, international trade, and government regulatory compliance. He has represented clients in various industries and is currently a member of the ECTA Geographical Indications Committee and a former member of the ECTA Copyright Committee. Alicia Martin is an IP counsel for Tommy Hilfiger with over a decade of experience in the fashion industry. She has been recognised as one of the top 300 corporate professionals by The World Trademark Review. Carlo Sala is an Italian lawyer with over 30 years of experience in IP law. He has represented clients in all types of litigation before all courts in Italy and the competent EU bodies. He is a member of the ECTA Supervisory Board, Copyright Committee and SME Task Force. 4. Why should Conference participants join your session, and at whom in particular will your session be directed? Our session offers a unique opportunity for participants to learn about the practical aspects of protecting applied arts from our excellent speakers. As Carlo Sala has recently pointed out, applied arts are an evergreen field of interest for both the industry and art world, which ‘have been contaminating each other since the very creation of the concept of applied art’. All IP professionals seeking to gain knowledge and insights into this important topic are invited to attend this session. 5. Why should IP colleagues register for the ECTA Annual Conference? The ECTA Annual Conference provides an excellent academic program, designed to address the latest trends and challenges in the field of IP. Participants are provided with valuable insights and knowledge that they can apply to their work. In addition, Prague is a wonderful city which offers great venues for evening social events, allowing attendees to network in a relaxed and enjoyable environment. With its combination of beautiful scenery, excellent networking opportunities, and top-notch educational programming, the ECTA Annual Conference in Prague is a must-attend event for anyone working in the field of IP. **Find out more about the other educational sessions here!**
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It's time to register for the ECTA 41st Annual Conference ‘Exploring IP Magic’ in Prague! REGISTER SOON! 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 Conference 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!
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The IP Scan online tool is live on the Ideas Powered for business platform. Through IP Scan, SMEs can fill in an online questionnaire (20 min. max) and get a report with IP recommendations generated on the answers provided. In particular, this tool evaluates how their IP impacts their business and redirects users to an IP expert for a complete evaluation, as well as to their national or regional intellectual property office for further IP-related information. ----- 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 such as ECP6 ‘Supporting 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.
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ECTA CONFERENCE IN PRAGUE – Interview with Zsófia Fulajtár, moderator of the session ‘Anti-counterfeiting Tricks and Spells’
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!**
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ECTA Bulletin - The March edition is out!
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.
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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.
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Join hundreds of IP colleagues in Prague for the ECTA 41st Annual Conference ‘Exploring IP Magic’ from 28 June to 1 July 2023! 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 (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!**
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