The EUIPO has released a new study ‘EU Member States’ Potential for Protecting Craft and Industrial Geographical Indications (CIGIs)’, analysing national interest and frameworks for protecting CIGIs (e.g. textiles, porcelain, glass) within the context of the new EU regulatory framework (Regulation EU 2023/241). Main findings: A fragmented approach with 16 EU Member States having sui generis protection systems for CIGIs, but with difference in terms of scope, administration, registration fees, and enforcement measures. Strong support from the private sector for CIGI protection, with a more moderate level of interest from the public sector. In particular, public authorities from 8 Member States indicated that their country could seek the opt-out under Article 19 of the CIGI Regulation. The study provides a compilation of current titles and ongoing applications of GIs for CI products at national level that will cease to exist (132 names), as well as a list of product names potentially protectable under the new system in the 27 EU Member States (380 names). Such findings are intended to help policymakers and stakeholders understand the national landscape and prepare for the full application of the Regulation by December 2025. To read the executive summary, please read here. To read the full report, please read here.

The EUIPO has just released its latest study ‘Online Copyright Infringement in the European Union: Films, Music, Publications, Software, and TV (2017–2023)’. Key Findings: On average, piracy remains at 10 accesses per internet user per month in 2023, though software and live sports events piracy have increased. For the first time, data on IPTV piracy is included, showing growth and a rising stock of potential users. Piracy decreased for publications, increased for music, and remained stable for films, software, and TV. Socioeconomic factors remain relevant in several cases - for instance, the wealth of countries (GDP), degree of equality (Gini index), the perception of IP by citizens and the volume of the legal offer of content can explain piracy. To read the executive summary, please click here. To read the full report, please click here.

By Aitor Pomares, ECTA Geographical Indications Committee Vice-Chair, Berenguer & Pomares abogados, Spain The new revised regulation on geographical indications for agricultural products, wines, and spirit drinks, which was published in the Official Journal of the European Union on 23 April 2024, has officially entered into force today. The new Regulation lays down the rules applicable to wine, spirit drinks and agricultural products, consolidating the previously dispersed Regulations into a single legal text. Along with the recently adopted Regulation on GIs for craft and industrial products, the two texts will now govern the EU system of GIs. The already broad scope of protection afforded to these rights is reinforced by including enforcement against conflicting domain names or online practices. In that regard, GIs can now be invoked as earlier rights in domain name disputes, while Member States shall take measures to block access to infringing domain names. Furthermore, the new text ensures better protection for GIs when they are used as ingredients in processed products, while also empowering recognised producer groups with increased control over these practices. In general terms, the role of the producer groups is reinforced by assigning them more responsibilities on the management of their GIs and establishing a clearer a more comprehensive legal framework. Moreover, emphasis is placed on the significance of sustainability. Recognised producer groups have the opportunity to establish agreed-upon sustainable practices to be adhered to in the production. For those purposes, a concise definition of sustainable practices is provided. While the European Commission (DG AGRI) remains responsible for the registration of GIs for these types of products, some tasks are entrusted to the EUIPO, such as establishing and managing a domain name information and alert system, as well as maintaining and keeping the GI register up-to-date with respect to registrations, amendments and cancellations of these names. ECTA Geographical Indications Committee’s comment: “The new Regulation represents significant progress for the protection of GIs, consolidating the EU sui generis system as the most advanced and comprehensively regulated. The industrial property nature of GIs is at the core of this legislative reform, which aims to address certain gaps in the previous regulations, such as in the area of the management of these collective rights or trying to extend protection to all the fields where infringements may occur. ECTA and its Geographical Indications Committee have actively participated in the public consultations that have preceded the adoption of this Regulation, as well as the Regulation on GIs for craft and industrial products. Our position papers on the protection of GIs as ingredients and on the legal framework of the scope of protection of GIs anticipated some of the issues that have been addressed in the new Regulation. The ECTA Alicante Round Table of March 2023 was dedicated to the GI reform, while a session on non-agri GIs was held during the ECTA Annual Conference in Prague of June 2023.” ----- 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.

On the occasion of the World IP Day, themed ‘IP and SDGs’, the EUIPO has released its latest report on Green EU Trade Mark trends. According to the report, in 2022, green EUTMs increased, constituting 14.5% of all trade marks applications at the EUIPO. Green EUTMs performed better than non-green EUTMs applications, and green EUTMs from EU firms performed better than those from non-EU applicants. Find out more in the full report and executive summary here. The ECTA 42nd Annual Conference in Antwerp will place a significant focus on sustainability and one of its educational sessions will be dedicated to green trade marks! Find our more about this session in the interview with moderator here!

ECTA Bulletin: the March Edition is Out! ✨ Exclusive interviews with João Negrão, EUIPO Executive Director; Mireia Curell, first female ECTA President and Member of Honour, and F. Peter Müller, Chair of the newly created ECTA Patent Committee. ✨ Sneak peek into the upcoming ECTA 42nd Annual Conference in Antwerp - Don’t miss the Early Bird pricing - Register before 29 March! ✨ Case law on the enforceability of slogans in Germany; the distinctiveness of the Haribo gummy bear, and the intersection of celebrity fame and trade mark protection within the EU. ✨ Articles on geo-blocking and the limits of enforcing copyright protection in the context of the Digital Single Market; the requirement of ‘trade mark use’ in Chinese trade mark practice; trade mark infringements of trade names from the perspective of Turkish Courts; strategies to protect GIs in the US with a focus on wines and spirits, and much more. ✨ ECTA Committee updates 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 ECTA Publications Committee for compiling another great issue. Enjoy reading it!

The European Parliament has adopted the update of the EU design rules last week. ECTA has been an active contributor to the legislative process (alongside INTA and MARQUES) and advocated strongly for a number of changes. This new set of rules addresses among others the emergence of new technologies such as 3D printing and artificial intelligence. EU design protection will now clearly cover new designs beyond physical objects to visualised graphics, arrangements as interior and exterior environments, including also features as moving or transitioning animations. The regulation and directive will enter into force 20 days after their publication in the Official Journal. The regulation will start to apply after 4 months and Member States will have 36 months to transpose the directive into their national systems. For more information, please refer to the official press release here. Advocacy Process and Joint Efforts of ECTA, INTA, and MARQUES In recent years, ECTA has been highly engaged in the domain of design, particularly in the ongoing EU Design Reform. This involvement includes active participation in meetings with officials from institutions such as the European Commission, EUIPO, and WIPO, alongside dedicated events, Conference sessions, and significant contributions from our Committees, in particular the Design Committee. ECTA has submitted several individual position papers and other contributions related to designs: a Position Paper on 3D Printing and its Implications on Design Law (see here), a Position Paper on the Interpretation of Technical Functionality under Art. 8(1) CDR (see here), as well as a Position Paper on Rim Design and the Repair Clause (see here). As concern the EU Design Reform, ECTA has regularly engaged in discussions with officials during its Bilateral Meetings with the European Commission and the EUIPO, and has jointly advocated throughout the legislative process with other associations, notably INTA and MARQUES. In July 2018 the three associations submitted a Joint Paper on the Legal Review of the EU Designs System (see here), and in January 2021 Joint Comments on the European Commission’s Inception Impact Assessment (see here). During the Public Consultation in January 2023, joint comments were submitted to review the European Commission’s proposals for a revised EU Designs Regulation and Directive (see here). In June 2023, concrete wording recommendations were provided to the European Parliament for the proposed reform text. Most recently, in October 2023, during the final stages of the legislative process, we offered a joint perspective on the amendments proposed by the European Parliament’s Committee on Legal Affairs and by individual Members of the Parliament (see here). We express our gratitude to the ECTA Design Committee for their significant contributions to the policy initiatives of the association in recent years.

We are pleased to inform ECTA members of the conclusions from the last meeting of the Circle of European Trade Mark Judges (CET-J), held in Prague on 28-30 September 2023. The CET-J is an independent group of 23 judges from 19 European countries, including the UK, Switzerland, Norway, and Turkey, which meets every year in one of the European capitals to facilitate the exchange of insights and information on significant national rulings that are discussed at European level. The judicature of the European Court of Justice (ECJ) is examined with regard to national decisions, evaluated in terms of uniform application and any open questions arising. The collaborative work carried out by the CET-J results in the summary of the most important points of discussion - the Conclusions.

By Paolo Maria Gangi, ECTA AI & Data Committee member, Studio Legale Gangi, Italy The European Union on 27 November 2023, adopted the final text of the Data Act, which has been subsequently published in the EU Official Journal on 22 December 2023 and entered into force yesterday, 11 January 2024 (see official press release here). The Data Act is a comprehensive regulation whose main goal is to create ‘an optimal allocation of data for the benefit of society’ (Recital 2 of the Data Act). The Data Act main provisions are related to the use and sharing of data, both personal (within the meaning of the European privacy legislation, namely the GDPR) as well as non-personal data, produced by users in using ‘connected products’ and ‘related services’ which is to say IoT items. Other sections of the Data Act provide the following: 1) a legal framework for the obligation of sharing, under some specific circumstances, data with public sector bodies; 2) standard contractual terms and legal principles for data access or sharing agreements; 3) protection measures for users who want to switch from a data processing services entity to another; 4) legal rules for enhancing the interoperability, communication and transfer of datasets between different platforms and users. “The Data Act which will become applicable as of 11 September 2025, complements the Data Governance Act, applicable as of September 2023, and is intended to stimulate the data market and to provide legal clarity regarding the use of data.” stated Delia Belciu, ECTA AI & Data Committee Chair, DB Law Office, Romania ----- 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.

Dear IP colleagues, Happy 2024! First and foremost, I sincerely hope this year will bring collective peace amidst global challenges and conflicts that weigh heavily on all of us, and that a renewed sense of global community is established. May it also bring you joy, good health and prosperity, along with ample moments of cherished ECTA Family time. Reflecting on the successes of 2023, ECTA proudly stands at the forefront of the IP landscape with significant achievements. Committee membership has doubled, recognising the value of our work and the willingness of our members to play a more active role in shaping the world of IP. We have broadened the scope of the ECTA activities to patents, establishing the new ECTA Patent Committee, and embraced AI further under the umbrella of the ECTA AI & Data Committee. From the vibrant Annual Conference in Prague to the dynamic Autumn Meeting in Turin, our well-attended events created long-lasting impressions. In 2023, we actively influenced pivotal legislative IP developments, leaving our mark, among others, on the EU Design and GIs reforms. Productive face-to-face engagements with the European Commission, Council Presidencies, EUIPO, and WIPO not only reinforced our relationship with crucial stakeholders but also resulted in invaluable exchanges. Additionally, we have continued cooperating closely with our European IP sister associations and initiated a meaningful collaboration with ASIPI, broadening the ECTA regional and global presence. Anticipating an exciting 2024, we are gearing up for more noteworthy developments! Keep an eye out for the opening of the early bird registration for our 42nd ECTA Annual Conference “Many Facets of IP” in Antwerp (19-22 June 2024). Also, to help you plan ahead, mark your calendars for other upcoming ECTA events: ECTA Webinar on trade secrets in the EU 8 February 2024, Online in collaboration with the Bulgarian Patent Office ECTA Alicante Round Table on Evidence before the EUIPO 29 February 2024, Alicante, Spain in collaboration with the University of Alicante ECTA ®ETREAT 18 April 2024, The Hague, Netherlands (to be confirmed) ECTA Autumn Meeting (for Supervisory Board and Committee members only) 10-12 October 2024, Seville, Spain I also anticipate knowledge-packed editions of the ECTA Bulletin and would like to remind you that the ECTA Award competition is open until 28 February 2024. More surprises are on the horizon - young professionals and mediation enthusiasts, get ready for some exciting updates! We would be thrilled to welcome you on board this year. Now is the perfect opportunity to become a member of ECTA and enjoy the maximum benefits! Here's to a fantastic 2024! Kind regards, Mladen Vukmir ECTA President

By Roman Brtka, ECTA Design Committee member, Bird & Bird, Germany In the ongoing design law reform process the Council and the European Parliament reached a provisional agreement on 5 December 2023 to modernise Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs and Directive 98/71/EC on the European Parliament and of the Council of 13 October 1998 on the legal protection of designs. The design reform aims to make design protection more affordable, faster, and predictable and to address the challenges of 3D printing and digital transformation. For these very reasons, on 28 November 2022, the European Commission published a reform package of measures with two proposals to modernise the EU Design Protection System (i.e. Regulation No 6/2002 and Directive 98/71/EC). The text of the provisional agreement was published on 21 December 2023 and the main elements of the agreement are as follows: New name There will be a change in terminology: The terms Registered Community Design and Unregistered Community Design will be replaced by Registered EU Design and Unregistered EU Design. Scope of protection The definitions of “design” and “product” have been amended in order to cover the digital and 3D printing scenario. The definition of “design” includes items such as “movement, transition or any other sort of animation of those features”. A “product” might be embodied in a physical object, or it can materialise in a digital non-physical form (e.g. spatial arrangements of items like interior or exterior environment and graphic user interfaces). Further, under certain circumstances, a design might also be infringed by creating, downloading, copying and sharing or distributing to others any medium or software recording the design. Repair clause The repair clause will exclude replacement parts for a complex product which are used to restore its original appearance from design protection. The exception only applies to repair purposes and the appearance of the replacement part must be identical to the original part. Consequently, design protection will no longer be conferred to “must-match” spare parts, whose appearance depends on the appearance of the original product. The transitional period for the introduction of the “repair clause” will be eight years. Fees The fees for design protection at EU level are to be increased and they will be higher than for design protection at national level in order to reflect the larger territorial scope of EU-wide design protection. Cultural heritage Under the new laws it will be forbidden to protect cultural heritage elements of national interest (e.g. traditional costumes of a region) as private designs. The term “cultural heritage” is to be defined in line with UNESCO’s definition of “cultural heritage”. Next steps The provisional agreement reached by the Council and the EU Parliament now needs to be endorsed and formally adopted. The new law will probably enter into force in the first half of 2024. Once adopted, the EU Member States will have 36 months to adapt their local laws to the provisions of the new directive. Most adjustments to the Regulation will take effect three months after its entry into force, while some other amendments will have a longer application period of up to 18 months. To find out more, read the press release here.

By Tarik Kapić, ECTA WIPO-Link Committee, Patent and Trade Mark Attorney, BOVARD LTD, CH (Assisted by Isabelle Jouret, Trade Mark Professional, BOVARD LTD, CH) On 1 January 2024, the new Nice Trade Mark Classification system will come into force. The 45 classes of preapproved goods and services have been updated with omissions and notable additions. The changes not only seek to align the Nice classification with the evolving landscape of inventions and technological advancements but also mirror societal changes, ecological awareness and the increasing importance of mental health. Here are a select few added terms: Technological Advancements: Augmented reality from entertainment to education and the inclusion of a number of new terms for the trading of cryptocurrency are all notable additions. Societal Changes: Political correctness can be seen with the term “workmen” having been replaced with the word “worker”. The way we interact, learn and entertain is mirrored in terms such as “content moderation for internet chatrooms", “online retail services for downloadable virtual clothing” or “simulated travel services provided in virtual environments for entertainment purposes". Advances in Transportation: The Nice Classification 2024 includes terms that represent the frontier of travel, both within the Earth's atmosphere and beyond with “space transport" and "self-driving cars". Ecological Awareness: As the world grapples with environmental challenges, the Nice Classification system introduces terms such as "production of renewable green energy” or “light-emitting diode (LED) light bulbs”. Unique Consumer Goods: The inclusion for example of "jewellery for pets" reflects the changing dynamics of pet ownership and the increasing demand for specialised consumer goods. For further information, please refer to Information Notice No. 35/2023. ----- 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.

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.

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

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!

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.

The EUIPO Observatory published a report on the litigation trends regarding the unlawful acquisition, use or disclosure of trade secrets pursuant to Article 18 of the Trade Secrets Directive. The report covers litigation between 1 January 2017 and 31 October 2022 and shows the level of harmonisation achieved after the implementation of the Directive. The report consists of three parts: - a quantitative analysis which is based on statistical trends and reveals a number of differences across Members States; - a qualitative analysis which provides a theoretical discussion on the interpretation of the definition of trade secrets, unlawful acts, the measures granted under the Directive, and the principle of proportionality; - a collection of selected cases on trade secrets issued by the courts of the Member States. -------- At ECTA several Committees are closely following the topic of trade secrets.

Registration is open for the 4th edition of the EUIPO IP Mediation Conference which will take place on 19-20 October 2023 in Alicante, with the possibility to attend remotely. This event will bring together experts and practitioners to explore the latest trends and developments in mediation and alternative dispute resolution in the field of IP. We are pleased to announce that ECTA President Mladen Vukmir will speak in the session ‘The lawyer as a problem-solver’. Kindly consult the Conference programme here.

The newly elected ECTA Committees start operating today, for the term 2023-2025. We would like to express our gratitude to the 400 ECTA members who applied during the General Committee Elections, making them the most successful elections in recent years. Committees are the backbone of ECTA, and we wish all Committee members enriching and informative discussions, interesting projects and impactful results, as well as the creation of meaningful professional contacts and friendships during the next two years. The first meeting of the newly elected Committees will take place during the ECTA Autumn Meeting in Turin on 12-14 October 2023, reserved for Supervisory Board and Committee members. If you are a Supervisory Board or Committee member, log into the ECTA private site and visit ECTA Committee Meetings 2023 to learn more about the event and register. If you have issues accessing the platform, contact us at ecta@ecta.org for assistance.

Ukrainian businesses have now the opportunity to apply for the SME Fund, the European Commission initiative, implemented by the EUIPO, aimed at supporting innovation and entrepreneurship among SMEs. Commissioner responsible for the Internal Market, Thierry Breton, said: “The extension of the SME Fund to Ukrainian businesses is another step towards Ukraine's successful integration in the Single Market. The financial aid in the field of intellectual property provides valuable support for Ukrainian innovative SMEs, which will play an important role in rebuilding the economy.” Read the official news here and here ---------- ECTA welcomes the initiative as it strongly advocated for extending the SME Fund to Ukrainian businesses with both the European Commission and EUIPO.

The June edition of the ECTA Bulletin is out with lots of captivating content and a cover dedicated to the highly anticipated ECTA 41st Annual Conference in Prague. Here's a glimpse of what awaits you: ✨ A warm welcome by ECTA President Mladen Vukmir to the 850 IP professionals who will meet in Prague next week. You can still be part of this exceptional event, register here! ✨ Many interviews with top IP personalities, including our outgoing Secretary General, Carolin Wittkamp-Kind; ✨ Articles about a new era for Spanish IP, legislation updates in Nigeria, proving genuine use, legal issues of AI applications in video games, and what it takes to monitor designation under the Madrid Protocol to Brazil; ✨ Case law reports such as the Hermes vs. Rothschild case, the Louboutin vs. Amazon case, and the treatment of Chinese character marks in the EU. In this issue we also say goodbye and honour the life of our dear colleague and ECTA friend Joe Cohen, who sadly passed away in March of 2023. The print-friendly version is available for ECTA members only in the Library section of the ECTA Private Site. We wish to thank the Publications Committee for compiling another great issue. Enjoy reading it and see many of you soon in Prague!

The EUIPO Observatory shared today its 2023 IP perception study about European citizens’ attitudes towards IP, the degree to which they respect these rights, and the concept that they have of IP as a whole. The study is based on 25.824 interviews conducted at the beginning of 2023 in all Member States and shows that Europeans are more wary of counterfeits and illegal content, while price remains a deciding factor, especially among younger ones. According to the report, a vast majority of respondents believe that criminal organisations are behind counterfeits, acknowledge that such purchases harm businesses and employment, as well as support unethical behaviour posing risks to health, safety, and the environment. When it comes to digital piracy, 82% agree that accessing content illegally exposes to scams and inappropriate content for minors. Nonetheless, the study reveals a disconnect between awareness and behaviour. 31% find it acceptable to buy counterfeit products if the price of the original product is too high. 13% of respondents intentionally purchased counterfeits during the past year, Bulgaria being the leading country with 24% of people who responded this way. Additionally, 41% of Europeans are uncertain about the legality of the sources they use online. Despite this, 80% prefer to use legal sources if affordable. To find out more, read the full report here. ----- ECTA, via the work of its Anti-Counterfeiting Committee, actively contributes to the fight against counterfeiting by sharing professional experience and best practices at the EU level and beyond, raising awareness and promoting educational activities, as well as through its involvement in the EUIPO Observatory working groups, and constant contact with relevant European and international authorities.

Registration for the EUIPO Trade Mark and Design Education Programme (ETMD EP) is open until 30 June 2023! Two programmes are offered for the 2023-2024 cycle: 3rd edition of the ETMD EP for paralegals This programme is aimed for professionals working as IP administrators, legal assistants, or corporate employees who deal with legal or related concerns. This edition will run from September 2023 to February 2024 and will offer 60 places, which will be allocated on a ‘first come, first served’ basis. Please find out more here. 5th edition of the ETMD EP for practitioners This programme has been revamped, focusing on more practical activities and with the possibility to choose between different tracks: - trade mark and design track (full programme); - trade mark track; - design track. This edition will run from October 2023 to June 2024 and will offer 60 places, which will be allocated based on candidates’ experience and motivation. Please find out more here. For further information or any clarifications you can contact etmdep@euipo.europa.eu. ----- We encourage our members to participate in the programme and/or invite paralegals in their firms to apply. ECTA has been advocating for introducing a special programme for paralegals and participating in the Steering Committee.

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. 

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.

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).

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.

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.

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!**

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.

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 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. The panelists will explore controversial aspects of trade mark law and practice and offer perspectives which will help IP practitioners navigate an increasingly complex panorama. 3. Who will be on the panel for your session? - Dimitris Botis, Director Legal Department, EUIPO - 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 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!**

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!**

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! ----- 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.

As indicated in the official news here, following the recent Decision No EX-22-7, new rules on submitting evidence on data carriers (USB flash drives, pen drives or similar memory units) to the Office will apply as of 1 February 2023. In particular: - Only unlayered PDFs (i.e. standard, static PDF files) are acceptable. Encrypted, executable and/or compressed files are not acceptable; - 20 Mb is the maximum size of each individual file saved on the data carrier. When such requirements are not met, the EUIPO will consider an annex, or part of an annex, not to have been filed and no deficiency letter will be sent. If an annex submitted on a data carrier complies with the requirements, the EUIPO will upload it into the electronic file (DAS). If the combined size of all files on the data carrier exceeds 1 GB, the data carrier is accepted but the EUIPO is not obliged to upload its content into the electronic file due to possible technical constraints.

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!

The European Commission has recently published the Counterfeit and Piracy Watch List 2022, based on information reported in a public consultation process and supported by several in-house studies of the EUIPO Observatory on Infringement of IPRs. The document names both online service providers and physical marketplaces located outside the EU that are reported to engage in or facilitate substantial IPR infringements, especially through counterfeiting and piracy. The aim of the list is to encourage the operators and owners of those online service providers, as well as local authorities and governments, to take action to reduce the availability of IPR infringing goods or services. To read the official news, please click here. ---- The ECTA Anti-Counterfeiting Committee is strongly involved in fighting against counterfeiting and piracy by sharing of professional experience and best practices. The aim of this Committee is to promote the most adequate legislation and practical enforcement techniques, as well as to raise awareness in this field. If you wish to join an ECTA Committee, General Committee Elections are coming up on 16 January 2023, look out for ECTA communications!

By Carin Burchell, ECTA International Trade Committee, Re Markability Limited (UK) This Parliamentary Bill aims to end the special status of EU law in the UK by 31 December 2023. The effect will be to make it easier to amend, repeal or replace EU law which is currently retained on the UK statute book. If the Bill becomes law, it will also make it easier for UK courts to depart from retained EU case law. This is intended to reduce regulatory burdens and costs on UK businesses. The Bill was introduced into the House of Commons on 22 September 2022, received its second reading on 25 October 2022 and is due to proceed through the Commons Committee stage during November 2022. It will then have to be passed by the House of Lords – so there is still some way to go before it can become law. Even if the Bill does proceed to legislation, given the current economic climate and political uncertainty, it seems unlikely to us that revised UK IP Law will be enacted soon. That being said, the UK is of course a common law system and IP law will continue to evolve as issues arise, through the courts, in the usual way. The UK government states that it has committed to maintaining compliance with all its international obligations (including those contained within the Northern Ireland Protocol, the Withdrawal Agreement, and other international treaties). The UK IPO have recently published an initial list of REUL for IP here. They say that they are going to update this information as their understanding develops and suggest that we therefore keep following this page for updates. ----- 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 new Design Directive and Regulation proposals have been published (here and here) and are open for comments until 23 January 2023. The aim of the initiative is to update EU rules on design protection, in particular: - modernise, clarify and strengthen design protection; - make design protection more accessible and affordable across the EU; - ensure EU and national rules governing design protection are more compatible; - further align EU rules on design protection for repair spare parts. ECTA has closely followed the reform and contributed to the previous consultations of the European Commission on the topic of industrial designs, as well as produced a number of position papers individually and together with other associations over the course of the past few years. Through its Design Committee, ECTA is already reviewing these proposals and preparing its comments. All feedback received will be summarised by the European Commission and presented to the European Parliament and Council to feed the legislative debate.

A new three-month extension (Decision No EX-22-9 of the EUIPO Executive Director) has recently been granted for all parties in proceedings before the Office having their residence or registered office in Ukraine. This extends all time limits expiring between 2 November 2022 and 1 February 2023, inclusive, until 2 February 2023.

This is the most convenient time of the year to join ECTA! If you become a member now, your membership subscription will cover not only 2023, but also the remainder of 2022. Select the membership category that suits you best and start benefitting from the advantages of being a member! 🟢 Opportunity to network with IP professionals from all around Europe and beyond in a friendly atmosphere; 🟢 Reduced fee for the ECTA Annual Conference and all other ECTA events, such as the Alicante Round Table, the ®etreat and all workshops, webinars and debates organised throughout the year; 🟢 Opportunity to join one of the ECTA Committees during the next General Committee Elections in early 2023! You will be able to follow policy developments on your topic of interest, work on impactful projects and represent ECTA in working groups with EUIPO, WIPO and the European Commission. The Supervisory Board and Committee members only will additionally meet at the ECTA Autumn Meeting; 🟢 Access to the ECTA private site to consult the membership list, follow the work of Committees, read past position papers and projects, among other features. Access to the ECTA Member Guide App to have ECTA always in your pocket; 🟢 Last but not least, you can get yourself noticed in the IP Community by contributing to the ECTA Bulletin and ECTA Member’s Voice news section on our website. We are looking forward to welcoming you to the ECTA family! Should you have any questions, contact us at ecta@ecta.org.

Read the October edition of the ECTA Bulletin! What’s in it? 🔹 Interviews to new ECTA President Mladen Vukmir and Second Vice-President Paola Ruggiero; 🔹 Articles about the protection of trade marks with reputation and design protection of iterations, the rise in counterfeiting and bad faith filings in India during COVID-19, and the upcoming mandatory recordal of IPRs for goods imported into Kenya; 🔹 Case-Law reports: Amsterdam Criminal Court against counterfeiters of Canada Goose, Parajampers and Stone Island jackets, free of charge assignments of IPRs considered as donations by the Paris Judicial Court of First Instance, and the CJEU Classic Coach case on earlier rights; 🔹 A summary of the ECTA ®etreat in Milan and the ECTA 40th Annual Conference in Copenhagen, ECTA Committees’ insights and a warm welcome to new members. Last but not least, everything you need to know about ECTA General Committee Elections to be held in early 2023. The print-friendly pdf version is available for members in the private site/Library.

ECTA invites all IP students and professionals to participate in the ECTA Award! As of today, you can submit an article or essay of importance for the development of the EU trade mark, design, copyright or geographical indications law. The winners will receive a sum of 2.000 € for the first prize in the student category, 3.000 € for the first prize in the professional category and 1.000 € and 500 € respectively for the second and third prizes in both categories. All winners will be granted 18 months of ECTA membership and their paper will be published on our website. First prize winners shall also be invited to the ECTA Annual Conference in Prague (28 June - 1 July 2023) and honoured by the ECTA President. Consult the ECTA Award submission requirements and judging criteria and send your paper to ecta@ecta.org by 28 February 2023. All submissions will be judged by the ECTA Professional Affairs Committee with the support of other Committees and the supervision of Board of Directors. We are looking forward to receiving your papers!

The EUIPO is witnessing an increasing number of applications with terms relating to virtual goods and non-fungible tokens (NFTs). In response, the Office has announced in its official communication that it proposes to take the following approach for classification purposes. • “Virtual goods are proper to Class 9 because they are treated as digital content or images. However, the term virtual goods on its own lacks clarity and precision, so it must be further specified by stating the content to which the virtual goods relate (e.g. downloadable virtual goods, namely, virtual clothing). • The 12th Edition of the Nice Classification will incorporate the term downloadable digital files authenticated by non-fungible tokens in Class 9. NFTs are treated as unique digital certificates registered in a blockchain, which authenticate digital items but are distinct from those digital items. For the Office, the term non-fungible tokens on its own is not acceptable. The type of digital item authenticated by the NFT must be specified.” Services relating to virtual goods and NFTs will be classified in line with the established principles of classification for services. The Office’s approach is outlined in the 2023 draft Guidelines on which stakeholders have the opportunity to comment by 3 October 2022. ECTA will also be providing its comments within the deadline. As a current very hot topic, ECTA will hold a workshop dedicated to NFTs (Ljubljana, Slovenia - 14 October 2022), moderated by Chris Hoole (ECTA EUIPO-Link and Copyright Committee, Appleyard Lees, UK), where the panel will discuss and dissect the wider implications of NFTs, as witnessed from the viewpoint of IP practitioners and the commercial sector. Save the date, the registration will be launched soon!

By Marius Schneider, ECTA International Trade Committee, IPvocate, BE and MU Announced since January 2019, following amendments to the Anti-Counterfeit Act, the mandatory recordal of all IP rights for goods imported into Kenya will soon become a reality. Companies importing their products in Kenya, whether directly or through local subsidiaries, must record their trade marks and other IP rights with the Anti-Counterfeit Authority (ACA) by 1 January 2023. This obligation applies to all goods bearing a valid trade mark imported into the country, whether the trade mark is registered in Kenya or abroad, as long as the trade mark is still registered. Raw materials, that is, items used as ingredients in the manufacture of goods are excluded. It is an offense to import into Kenya goods whose IP rights have not been recorded with ACA. In the future, any authorised distributor of imported goods will also be requested to notify the ACA. There are some concerns about the implications of such a rule for trade mark owners that have deliberately chosen not to register their trade mark in Kenya. To illustrate, there are trade mark owners for whom Kenya is not an important market and who therefore do not wish to incur the costs to register their trade marks in Kenya. However, the same trade mark owners may have no issue with smaller traders purchasing their products from abroad and bringing them into Kenya. The compulsory recordal of all imported goods would negatively impact their overall sales, as if the trade mark owner does not record its trade mark in Kenya, it is not possible for an importer to bring the goods into the country. The requirements for recordation include a certified copy of the trade mark registration, samples or photographs of relevant goods, a description of the goods and details of the place of manufacture of the goods. A fee must be paid per trade mark and per class. It is necessary to act through an authorised agent. The ACA shall process all applications within thirty (30) days and all recorded IP shall be published in the ACA’s monthly newsletter. A recordation shall remain in force for a period of one year from the date of approval of the application for recordation or the current registration period of the trade mark right, whichever is shorter. An application for the renewal of a recordal should be filed at least thirty (30) days before its expiry. A renewal fee must be paid. Any change in ownership of a recorded IP right shall be notified to the ACA. The trade mark information will be made available on a database visible to ACA inspectors and other law enforcement officers, such as customs. The purpose of the recordation is to facilitate access to information for enforcement officers on goods to be imported into the country, which will enable both customs and border officials to pro-actively identify and seize counterfeits at the border before entry into the country. The recordal of all trade marks is an ambitious task which has been met with a few hiccups along the way. The first deadline for rights owners to record their trade mark was extremely short. The first public notice on the commencement of the recordation was published on 26 April 2022 with a deadline of 1 July 2022. It would have been difficult to record all trade marks within such a short period of time. In addition, the website to register the trade marks was down for a few weeks. Furthermore, while the law provides for the recordation of all intellectual property rights, in practice, it seems the recordal is focused on trade marks for the time being. Still, the recordal reflects the strong interest of the Kenyan government in fighting counterfeits. Many rights holders have complained as to the cost of the recordal. Should the ACA proactively do its job, seizing counterfeit goods, there is no doubt that the fees paid will prove to be a valuable investment for rights holders, diminishing the availability of counterfeits in Kenya and in the broader East African region.

The Commission and EUIPO launched the new EU SME Fund with a budget of €47 million, which offers vouchers for EU-based SMEs to support them protect their IPRs. The Fund will offer the following support: • Reimburse 90% of the fees charged by Member States for IP Scan services, which provide a broad assessment of the IP needs of the applying SME, considering the innovative potential of its intangible assets; • Reimburse 75% of the fees charged by IP offices (including national IPOs, EUIPO and BOIP) for TM and design registration; • Reimburse 50% of the fees charged by the WIPO for obtaining international TM and design protection; • Reimburse 50% of the fees charged by national patent offices for the registration of patents in 2022; • From 2023, further services could be covered (e.g. partial reimbursement of the costs of the patent prior art search and patent filing application; private IP advice charged by IP attorneys for patent registration, licensing agreements, IP valuation, ADR costs, etc.) The call is open until 16 December 2022 and can be consulted on the EUIPO website. Applications will be examined on a first come, first served basis. At the EU Industry Days a special session on 11 February 2022 will be dedicated to the SME Fund where experts managing the Fund will answer questions and provide a practical guide on how to apply for the different services. The session can be followed remotely by subscribing to the EU Industry Days. --- 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.

General Committee Elections are still running. Don’t forget to apply for a Committee of your choice by 5 March 2021 (no late applications can be accepted)! Being part of an ECTA Committee is an invaluable opportunity to cooperate with many experienced professionals throughout the EU and beyond, actively contribute to relevant projects, get first-hand knowledge on all the developments in your area of interest within IP and much more. If you are interested, please carefully read the following documents before submitting your application: - ECTA Committee Member Expectation Sheet (available when you log in to the ECTA private site/Library/Important ECTA policies) - ECTA Bulletin article on General Committee Elections 2021 - Overview of our Committees COMMITTEE TERM: The Committee term constitutes two years and Committee members may serve on the same Committee for a maximum consecutive term of six years* (three periods 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 a further term. Check how long you have been a member of the same Committee in ‘My Profile’ section of the ECTA website, in order to determine your eligibility. If you are not eligible, you can still submit your application for another Committee or, after a break of two years (in 2023), it is possible to reapply for your current Committee. APPLICATION PROCESS: ECTA members should apply for ONLY ONE Committee membership* by filling in the online Application Form only ONCE. All ECTA members, both from EU and non-EU, are invited to apply for a Committee. 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 Application Form. The outcome of your application will be known in May/June 2021. The Committees change-over date is on 1 July 2021, the newly composed Committees will become operational from that date onwards. In order to apply for a Committee of your choice make sure to submit your candidacy by completing the APPLICATION FORM. *There may be exceptions to the general rules, namely the possibility to serve in two Committees or to exceed the maximum consecutive term of six years in the same Committee. In such cases, the member has to complete the application form accordingly and contact the related Committee Chair (Chairs) at the same time. Any exception is to be approved by the ECTA Board of Directors. We are looking forward to receiving your application and thank you in advance for the interest in serving ECTA!