This week the EU Council adopted a new regulation on harmonised rules on fair access to and use of data (Data Act). The main objectives of the regulation are to: - ensure fairness in the allocation of value from data among actors in the digital environment - stimulate a competitive data market - open opportunities for data-driven innovation - make data more accessible to all The new regulation will be published in the EU’s official journal in the coming weeks and will enter into force 20 days after this publication. To learn more, please read the official press release here.

Right holders and their representatives are invited to submit only electronical applications for action (eAFAs) to customs through the IP Enforcement Portal or national portals in Germany, Italy and Spain. We are now at the end of the transition phase where paper AFAs are still accepted by Member States. In 2024, this phase will end and acceptance of paper AFAs will cease afterwards. The precise date in 2024 will be communicated later, a few months before it becomes mandatory to submit eAFAs. To find out more, please read here.

The Regulation on GI protection for craft and industrial products entered into force yesterday, twenty days past its publication in the Official Journal of the EU. The new Regulation establishes a harmonised framework for the protection of geographical indications for EU craft and industrial products and introduces the opportunity for EU and non-EU countries to obtain a uniform GI protection in the EU. Pursuant to this Regulation, the EUIPO has been designated as the EU competent authority in respect for GIs for craft and industrial products. The examination and registration process will, normally, consist of two phases (standard procedure): 1. Producers will initiate the filing of their GI applications with the Member States’ designated competent authorities for national level assessment. 2. Successful applications will then be forwarded by national authorities for further evaluation and approval by the EUIPO. A direct application procedure to the EUIPO (direct registration procedure) will be available for producers of Member States that obtain from the European Commission a derogation from the obligation to set up a national system. The new system will be applicable from 1 December 2025. From this date onwards, it will be possible to apply for registration of a GI. Existing national rights will cease to exist one year after, on 2 December 2026. For general information on the legal framework concerning GIs and the new system visit the recently published EUIPO GI Hub. To read the official news update, please click here. ----- “The new regulation is a major step towards recognising high quality craft and industrial products manufactured on the basis of their strong link to their geographical origin. Finally, these products will receive the same well-deserved protection as agricultural products and foodstuffs, wines and spirit drinks”, says Andrea Ringle, Chair of the ECTA Geographical Indications Committee. ECTA has contributed regularly with the help of our dedicated Geographical Indications 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 the GI reform, and a session dedicated to non-agri GIs during the ECTA Annual Conference in Prague in June 2023.

The ECTA Award Competition is Open! As of today, all IP professionals and students are invited to submit an article or essay of importance for the development of the EU Intellectual Property Law. Your paper could earn you more than just recognition - it could lead to a monetary prize, an 18-month free ECTA membership, and publication of your work on our website. But that's not all! The winners will be honoured by ECTA President at the ECTA Annual Conference in Antwerp on 21 June 2024. Consult the ECTA Award submission requirements and judging criteria and send your paper to ecta@ecta.org by 28 February 2024. Kindly indicate whether you are participating in the Professional or Student category. All submissions will be judged by the ECTA Professional Affairs and Membership Committee with the support of other Committees and under the supervision of the Board of Directors. We look forward to receiving your papers!

As a result of the discussion held by the ECTA governing bodies at the ECTA Autumn Meeting in Turin, we are excited to announce a significant development in our association's scope of activities. ECTA decided to broaden its horizons into the exciting world of patents and establish the ECTA Patent Committee, chaired by F. Peter Müller (Müller Schupfner & Partner, Germany). This ground breaking decision, from an association traditionally renowned for its expertise in other IPRs, follows recent developments such as the release of the Patent Package by the European Commission and the implementation of the Unitary Patent system. Through this Committee, ECTA aims to become an expert interlocutor for the relevant institutions, with a focus on patent enforcement. For a detailed description and mission of the Patent Committee, please read here. IP colleagues are invited to apply to this Committee if they have expertise in two or more of the following fields: ✔ patent litigation experience ✔ knowledge of the UPC system and/or are entitled to be representatives before the UPC ✔ knowledge of international patent enforcement (e.g. Brussels I Regulation, Lugano Convention, etc.) ✔ knowledge of and experience with SEPs ✔ knowledge of and experience with FRAND ✔ knowledge of and experience with compulsory licenses The Patent Committee is set up as a temporary Committee for the next four years, comprising two terms of two years each, after which the Board of Directors and Supervisory Board will reassess the role of the Committee. If you are not yet an ECTA member but are interested in serving on the Patent Committee, apply first to become an ECTA member here (the subscription fee will cover the rest of 2023 and 2024) and, in parallel, apply for the Patent Committee here by 15 December! We look forward to receiving your candidacy!

Don't miss two upcoming webinars in the Data domain, co-organised by ECTA and ASIPI: 1) International Transfer of Data Date: 9 November 2023 Time: 4:00 pm CET Moderator: Jordi Güell (ECTA) 2) Processing of Personal Data by IP Offices: Compared Practices in EUIPO, Spain, Chile, Mexico, and Brazil Register here! Date: 16 November 2023 Time: 4:00 pm CET Moderator: Sebastian Lovera (ASIPI) Both webinars will be conducted in both Spanish and English with simultaneous translation. We are pleased to inform our members that our former Data Committee has expanded its scope to also include AI, and is now known as AI and Data Committee. We would like to express our gratitude to the Committee for their contributions to the organisation of this webinar series in the data domain.

By Maria Antonella Incardona, ECTA WIPO-Link Committee member, Luppi IP, Italy During its last Assembly, Madrid Union approved significant amendments to the Regulations under the Protocol Relating to the Madrid Agreement, aimed at enhancing the effectiveness of the international trade mark registration process and ensuring that trade mark holders receive adequate time to respond to provisional refusals from Contracting Parties. According to the new Regulation, Offices of designated Contracting Parties are now required to provide trade mark holders with a minimum period of two months (or 60 consecutive or calendar days) to initiate a request for review, appeal, or response to a provisional refusal. The start and end dates of the time limits must be clearly indicated in the notification of provisional refusal, leading to a substantial improvement in transparency for all users of the Madrid System. In addition, details regarding the applicable time limits for responding to provisional refusals will be published in the WIPO Gazette of International Marks, as Contracting Parties must notify the International Bureau with this information. The amendments to the Regulation came into force on 1 November 2023 and ECTA, which actively advocated for this solution during the WIPO Madrid System WG, is eager to witness their positive effects as soon as possible, although Contracting Parties have until 1 February 2025, to meet the new minimum time limit requirement. To consult the information notice, please click here. ---- ECTA advocated for this solution

Yesterday, ECTA and WIPO held their Bilateral Meeting at WIPO Headquarters in Geneva to discuss topics of mutual interest and importance, such as, among others: • Most important Madrid, Hague and Lisbon systems’ developments; • WIPO's main developments and plans, particularly in the context of SMEs, technological developments and AI-based tools; • Information about recent developments in the SCT in the run up to the upcoming Diplomatic Conferences; • Update on WIPO strategy to support the fight against counterfeiting and pirated goods and services; • and a number of other practical IP topics. ECTA was represented by Mladen Vukmir (President), Julien Scicluna (Secretary General), Anna Ostanina (Head of Legal Affairs), Bernard Volken (WIPO-Link Committee Chair), Valeria Conidi (WIPO-Link Committee Vice-Chair), Beatrix Breitinger (WIPO-Link Committee Secretary) and Arnaud Lellinger (WIPO-Link Committee Member). We are extremely grateful to WIPO for the warm welcome, the very productive meeting and for the fruitful cooperation and open dialogue we have established over the past years as well as to our expert team for their high level of expertise which is indispensable for the quality of this cooperation and regular exchange.

Following the recent publication of the Regulation on Geographical Indication Protection for Craft and Industrial Products, the EUIPO has launched the new GI Hub. The hub includes everything about GIs, with a particular focus on the new EU scheme for GIs for craft and industrial products. It includes information on specific legislation, news articles or webinars by the Office on the subject, EUIPO’s IT tools to help users search for already existing GIs, as well as a list of FAQs. ---- ECTA has contributed regularly with the help of our dedicated Geographical Indications 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 the GI reform, and a session dedicated to non-agri GIs during the ECTA Annual Conference in Prague in June 2023.

Right holders and their representatives are invited to submit only electronical applications for action (eAFAs) to customs through the IP Enforcement Portal or national portals in Germany, Italy and Spain. We are now at the end of the transition phase where paper AFAs are still accepted by Member States. In 2024, this phase will end and acceptance of paper AFAs will cease afterwards. The precise date in 2024 will be communicated later, a few months before it becomes mandatory to submit eAFAs. To find out more, please read here.

The October's ECTA Bulletin is out with lots of captivating content! Here's a glimpse of what awaits you: ✨ Exclusive interviews with our new Secretary General, Julien Scicluna; ECTA Award winners, Andrea Zappalaglio and Arnaud Detry; and ASIPI President, Enrique Diaz, in light of the recently established collaboration between ECTA and ASIPI. ✨ Insightful case law and articles on important changes in Chinese Trade Mark Law; the treatment of cultural assets in Mexico as well as in Italy; the visibility requirement in Design Law for component parts of a complex product; the collection and distribution of royalties for authors, composers and music publishers in France; EU Artificial Intelligence Act update, and much more. Last but not least, Committee reports, a summary from the Worldwide Symposium on GIs held in Tbilisi and a warm welcome to our new members! The print-friendly version is available for members only in the Library section of the ECTA private site. We thank the Publications Committee for compiling another great issue. Enjoy reading it!

Today, ECTA and MARQUES co-hosted the European Sister Associations’ (ESA) meeting in Turin, Italy, an event which brought together esteemed representatives from APRAM, BMM, CITMA, GRUR, UNION-IP as well as ECTA and MARQUES. ESA members delved into pressing matters, explored joint initiatives, and engaged in thoughtful discussions about recent developments in IP legislation and practice. We express our gratitude to all participants for their valuable contributions and exchanges. Together, we plan to forge stronger collaborations and cooperate further in order to contribute to the creation and improvement of a more balanced IP system and to the benefit of its users.

According to WIPO’s Global Innovation Index released yesterday, Switzerland, Sweden, the US, the UK, and Singapore are the world’s most innovative economies in 2023. The GII 2023 used 80 indicators to track global innovation trends in 132 economies around the globe and found that a group of middle-income economies (Indonesia, China, Turkey, India, Vietnam, the Philippines, and Iran) have emerged over the past ten years as the fastest climbers of the GII rankings. The GII also identifies robust investment in innovation but an unstable outlook for venture capital and risk finance for startups. To read the executive summary, please click here. To read the GII 2023 in full, please click here.

The SME Fund is a grant scheme designed to help EU SMEs protect their IPRs. The SME Fund is a European Commission initiative implemented by the EUIPO and its second edition runs from 23 January 2023 to 8 December 2023. This year, 4 vouchers have been published: Voucher 1 – IP scan Voucher 2 – trade marks and designs Voucher 3 – patents Voucher 4 – community plant variety Funds are limited and available on a first come, first served basis. To understand more about this second edition of the SME Fund, we suggest watching the following EUIPO webinars: • Power your business with the SME Fund 2023 edition – 2nd launch • Power your business with the SME Fund 2023 edition - 2nd update (focused on patents and plant varieties) ---- ECTA established its own SME Task Force in 2021 to assist our Association in taking an 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.

**Supervisory Board and Committee members who are registered for the ECTA Autumn Meeting do NOT need to register separately for the workshop!** Join us in Turin for the ECTA workshop ‘Accelerating the Future: IP in the Automotive Sector’ on 13 October 2023, 16.00-18.00 CET! The automotive industry is rapidly evolving and IPRs - copyright, trade marks, patents, design rights - are valuable assets and key to staying competitive. After a welcome by ECTA President Mladen Vukmir, Adam György (SBGK, HU) will moderate a panel of experts comprised of Torsten Dilly (BMW Group, DE), Prof. Tilman Müller-Stoy (Bardehle Pagenberg, DE) and Andreas Renck (Hogan Lovells, ES). A lot of interesting discussions can be expected - testimony to that are the numerous cases, including before the CJEU, that deal with IPRs in this sector, ranging from the scope of protection to enforcement to jurisdiction issues. This workshop forms part of the ECTA Autumn Meeting in Turin, a two-day event reserved for Supervisory Board and Committee members. However, we're delighted to extend a warm invitation to ECTA members and non-members who are not attending the Autumn Meeting but wish to register for the workshop only. REGISTER HERE FOR THE WORKSHOP! The workshop will be on-site only with no broadcast provided. The participation fee details are as follows: • 30,00 € (excl. VAT) for members who are not registered for the ECTA Autumn Meeting; • 50,00 € (excl. VAT) for non-members. • Free of charge for officials, full-time students, full-time professors. A certificate of attendance will be sent upon request after the event. Accreditation has been requested in Italy from both Ordine dei Consulenti and CNF.

The EUIPO has published a new study on online copyright infringement in the EU, the third study on the evolution of web-based online copyright infringement between 2017 and 2022, designed to adjust the strategies and policies used to combat piracy and support the growth of the digital content industry. The study found that web-based piracy in the EU declined until 2021 and reversed this trend in 2022, although it remains significantly below the 2017 level. The report highlights that TV shows, series and on-demand movies are the most pirated genres, followed by anime productions (series and films) and live streams of sports events and dedicated sports channels. To read the executive summary, please click here. To read the full study, please click here.

Yesterday, ECTA took part in a number of in-person meetings with relevant DGs of the European Commission (DG TRADE, DG GROW, DG AGRI) and the Permanent Representation of Belgium to the EU as the next EU Council Presidency, to discuss the most important topics of the IP agenda in Europe at this moment, such as: • Ongoing trade negotiations, agreements and dialogues; • IP support programmes for SMEs; • Ongoing GI and Design reforms; • New scheme for protection of non-agri Gis • the EU Patent Package proposed by the European Commission • 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 Julien Scicluna; Treasurer Jordi Güell; Head of Legal Affairs Anna Ostanina.

By Carin Burchell, ECTA International Trade Committee, Re Markability Limited (UK) The UKIPO has updated its guidance on the address for service (AfS) requirements for comparable trade marks (‘clones’ of EU trade marks) and re-registered designs (‘clones’ of EU registered designs), in light of the upcoming changes when the 3-year grace period ends on 31 December 2023. The guidance confirms that, from 1 January 2024, the IPO will require a UK AfS for comparable rights involved in any new invalidation, rectification, or revocation proceedings. This means an address in the UK, Gibraltar or the Channel Islands. These changes do not affect new applicants for UK rights, since they already require a UK address for service. With regard to an address for service in the EEA which is recorded against an existing registered trade mark or design, there is no requirement to provide a UK, Gibraltar or Channel Islands address for service for any of the following actions: • renewal of registration • surrender of registration • recordal of any licence agreement details made with a third party • changing address of the right holder The UKIPO will ask for a UK, Gibraltar or Channel Islands address to be provided only if a UK registered trade mark or design is involved in any proceedings for: • invalidation • rectification • revocation In such cases, failure to provide a UK, Gibraltar or Channel Islands address would mean that proceedings could succeed (without the involvement of the rights owner) and the right could be, unknowingly, lost. However, if the right is a comparable trade mark or re-registered design (or ‘clone’ of an EU registered trade mark or design), please refer to specific guidance below explaining the circumstances where a UK, Gibraltar or Channel Islands address is required. For ongoing proceedings such as opposition, invalidation, or revocation which started before 1 January 2021, the following scenarios apply: • if an EEA address for service is being used, this can be kept • if an EEA address needs to be changed during any ongoing proceedings, it may be changed to another EEA address or an address in the UK, Gibraltar, or the Channel Islands • if a UK address needs to be changed during any ongoing proceedings, it may be changed to another address in the UK, Gibraltar, or the Channel Islands. ----- 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.

The Austrian IP Day will be held on 21 September 2023 at WU Vienna – Großer Festsaal (Library & Learning Center). The event is organised by the Center for Intellectual Property, Media and Innovation Law at the University for Continuing Education Krems and ECTA is honoured to support and promote it. We invite our interested local and German-speaking members and IP practitioners to attend the event by registering HERE. The Austrian IP Day aims not only to give an overview of the case law in the field of IP rights in Germany and Austria, but also focus on the UNIFIED Patent Court, Green IP and economic issues related to IP. To find out more about the programme, please click HERE. Kindly note that the event will be held in German only.