ECTA Member’s Voice: New revised regulation on geographical indications for agricultural sector entered into the Official Journal of the European Union
By Aitor Pomares, ECTA Geographical Indications Committee Vice-Chair, Berenguer & Pomares abogados, Spain
Today, the new revised regulation on geographical indications for agricultural products, wines, and spirit drinks, has been published in the Official Journal of the European Union. The regulation will enter into force 20 days post-publication.
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.”
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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.
Today, the new revised regulation on geographical indications for agricultural products, wines, and spirit drinks, has been published in the Official Journal of the European Union. The regulation will enter into force 20 days post-publication.
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.
ECTA 42ND ANNUAL CONFERENCE IN ANTWERP - A GLIMPSE BEHIND THE CURTAIN! INTERVIEW WITH F. PETER MULLER, MODERATOR OF THE SESSION ‘MEDIATION AND ADR. DISPUTE RESOLUTION FROM AN ALTERNATE ANGLE’
REGISTER NOW for the ECTA 42nd Annual Conference in Antwerp!
We will kickstart the Conference academic program by learning more about IP mediation and ADR in a session moderated by F. Peter Müller, Müller Schupfner & Partner, DE.
1. Introduce yourself and your link to ECTA.
My name is F. Peter Müller and I have the honour to moderate the Wednesday workshop on ADR in the IP field together with representatives from the EUIPO and practitioners from the EU, China, and the US.
I have been a member of ECTA since 1996 and served as President between 2014 and 2016. Currently, I am Chair of the newly established Patent Committee.
I think ECTA is one of the best IP associations in the EU, especially because it brings together business opportunities, scientific discussions on IP, very valuable knowledge for my IP practice and good friends.
2. Introduce the topic of your Conference session.
Our workshop delves into mediation and related ADR solutions on IP disputes, including oppositions, revocation actions, infringement actions - covering also patents - and this in an international environment.
Speakers will talk about the new EUIPO Mediation Centre, ADR Resolutions in China and the US, the Singapore Convention, offering practical advice for initiating and conducting successful mediations while minimising time and costs. Additionally, attendees will gain insights from successful mediation cases shared by the speakers.
3. Introduce the panel of your Conference session.
I am pleased to introduce our distinguished panel:
• Sven Stürmann, EUIPO, ES
• Michele Ferrante, Ferrante Intellectual Property, CN
• Aurélia Marie, Cabinet Beau de Loménie, FR
• Lisa Pearson, Kilpatrick Townsend & Stockton LLP, US
4. Why should Conference participants join your session, and at whom in particular will your session be directed?
While tailored for litigators, I also recommend prosecutors to attend to understand what will happen to your IP rights if caught in negotiations.
This session is also particularly beneficial for newcomers to ADR and young practitioners, but even experienced litigators might gain some new insights!
5. Why should IP colleagues register for the ECTA Annual Conference?
The ECTA Annual Conference, which I have been attending for nearly 30 years now, offers a wealth of new information on current IP issues, aiding in the design of future applications and refining lists of goods and services. You will gain practical knowledge, which you can use immediately after the Conference.
Moreover, you get to know colleagues from all over the world, fostering new business contacts, and the chance to assist EU colleagues, especially in disputes. Beyond its professional benefits, the Conference is always fun and attendees will make many friends there.
**Find out more about the other educational sessions here or watch the video teaser about the academic program here!**
We will kickstart the Conference academic program by learning more about IP mediation and ADR in a session moderated by F. Peter Müller, Müller Schupfner & Partner, DE.
1. Introduce yourself and your link to ECTA.
My name is F. Peter Müller and I have the honour to moderate the Wednesday workshop on ADR in the IP field together with representatives from the EUIPO and practitioners from the EU, China, and the US.
I have been a member of ECTA since 1996 and served as President between 2014 and 2016. Currently, I am Chair of the newly established Patent Committee.
I think ECTA is one of the best IP associations in the EU, especially because it brings together business opportunities, scientific discussions on IP, very valuable knowledge for my IP practice and good friends.
2. Introduce the topic of your Conference session.
Our workshop delves into mediation and related ADR solutions on IP disputes, including oppositions, revocation actions, infringement actions - covering also patents - and this in an international environment.
Speakers will talk about the new EUIPO Mediation Centre, ADR Resolutions in China and the US, the Singapore Convention, offering practical advice for initiating and conducting successful mediations while minimising time and costs. Additionally, attendees will gain insights from successful mediation cases shared by the speakers.
3. Introduce the panel of your Conference session.
I am pleased to introduce our distinguished panel:
• Sven Stürmann, EUIPO, ES
• Michele Ferrante, Ferrante Intellectual Property, CN
• Aurélia Marie, Cabinet Beau de Loménie, FR
• Lisa Pearson, Kilpatrick Townsend & Stockton LLP, US
4. Why should Conference participants join your session, and at whom in particular will your session be directed?
While tailored for litigators, I also recommend prosecutors to attend to understand what will happen to your IP rights if caught in negotiations.
This session is also particularly beneficial for newcomers to ADR and young practitioners, but even experienced litigators might gain some new insights!
5. Why should IP colleagues register for the ECTA Annual Conference?
The ECTA Annual Conference, which I have been attending for nearly 30 years now, offers a wealth of new information on current IP issues, aiding in the design of future applications and refining lists of goods and services. You will gain practical knowledge, which you can use immediately after the Conference.
Moreover, you get to know colleagues from all over the world, fostering new business contacts, and the chance to assist EU colleagues, especially in disputes. Beyond its professional benefits, the Conference is always fun and attendees will make many friends there.
**Find out more about the other educational sessions here or watch the video teaser about the academic program here!**
ECTA 42ND ANNUAL CONFERENCE IN ANTWERP - A GLIMPSE BEHIND THE CURTAIN!
INTERVIEW WITH ALBERTO GIORDANO, MODERATOR OF THE SESSION ‘EQUAL ACCESS TO SPARKLING OPPORTUNITIES? DIVERSITY AND INCLUSION’
INTERVIEW WITH ALBERTO GIORDANO, MODERATOR OF THE SESSION ‘EQUAL ACCESS TO SPARKLING OPPORTUNITIES? DIVERSITY AND INCLUSION’
REGISTER NOW and join us at the ECTA 42nd Annual Conference in Antwerp!
Among numerous interesting panels, our attendees will also discuss around Diversity & Inclusion, fundamental for a forward-looking IP landscape, in a session moderated by Alberto Giordano, Chadha & Chadha, IN.
1. Introduce yourself and your link to ECTA.
My name is Alberto Giordano, EU Trade Mark and Design Attorney. In 2020 I joined Chadha & Chadha IP to help foreign companies in protection and enforcement of IP rights in India.
From 2021 I am serving the ECTA Programme Committee, and I actively participated in ECTA Conferences and seminars for some years already.
2. Introduce the topic of your Conference session.
A world where everyone feels valued, respected and included is still a dream. Despite significant progress over the past years, there is still a lot of work to be done.
During the panel, we aim to discuss and explore strategies for cultivating a diverse and inclusive workspace where all voices are heard and acknowledged.
3. Introduce the panel of your Conference session.
I will have the pleasure of moderating a panel featuring esteemed professionals from diverse backgrounds:
• Deborah Hampton, Trade Mark Team Leader at The Chemours Company, US
• Davide Leiballi, EU Trade Mark and Design Attorney at Studio Legale Withers, IT
• Roland de Meersman, Managing Director at ABAC-BAAN npo, BE
They will share their experience from three different parts of the world, yet inspired by the same commitment to greater inclusivity. I really look forward to discussing with them and engaging with the audience.
4. Why should Conference participants join your session, and at whom in particular will your session be directed?
This session welcomes all colleagues who aim for a brighter, more inclusive and diverse IP landscape and who are eager to share their ideas and experiences. This discussion is a pivotal moment for our association as we delve into D&I discussion for the first time in a Conference session.
5. Why should IP colleagues register for the ECTA Annual Conference?
The ECTA Annual Conference is a key event for IP professionals, offering a rich array of academic sessions and unparalleled networking opportunities. By attending, you will immerse yourself in cutting-edge discussions, make meaningful connections and become part of the vibrant ECTA Family!
**Find out more about the other educational sessions here or watch the video teaser about the academic program here!**
Among numerous interesting panels, our attendees will also discuss around Diversity & Inclusion, fundamental for a forward-looking IP landscape, in a session moderated by Alberto Giordano, Chadha & Chadha, IN.
1. Introduce yourself and your link to ECTA.
My name is Alberto Giordano, EU Trade Mark and Design Attorney. In 2020 I joined Chadha & Chadha IP to help foreign companies in protection and enforcement of IP rights in India.
From 2021 I am serving the ECTA Programme Committee, and I actively participated in ECTA Conferences and seminars for some years already.
2. Introduce the topic of your Conference session.
A world where everyone feels valued, respected and included is still a dream. Despite significant progress over the past years, there is still a lot of work to be done.
During the panel, we aim to discuss and explore strategies for cultivating a diverse and inclusive workspace where all voices are heard and acknowledged.
3. Introduce the panel of your Conference session.
I will have the pleasure of moderating a panel featuring esteemed professionals from diverse backgrounds:
• Deborah Hampton, Trade Mark Team Leader at The Chemours Company, US
• Davide Leiballi, EU Trade Mark and Design Attorney at Studio Legale Withers, IT
• Roland de Meersman, Managing Director at ABAC-BAAN npo, BE
They will share their experience from three different parts of the world, yet inspired by the same commitment to greater inclusivity. I really look forward to discussing with them and engaging with the audience.
4. Why should Conference participants join your session, and at whom in particular will your session be directed?
This session welcomes all colleagues who aim for a brighter, more inclusive and diverse IP landscape and who are eager to share their ideas and experiences. This discussion is a pivotal moment for our association as we delve into D&I discussion for the first time in a Conference session.
5. Why should IP colleagues register for the ECTA Annual Conference?
The ECTA Annual Conference is a key event for IP professionals, offering a rich array of academic sessions and unparalleled networking opportunities. By attending, you will immerse yourself in cutting-edge discussions, make meaningful connections and become part of the vibrant ECTA Family!
**Find out more about the other educational sessions here or watch the video teaser about the academic program here!**
Register free of charge for the ECTA ®etreat in The Hague 'Moving Beyond the Frontiers of IP' in collaboration with BOIP
Boost your CLE credits by attending the ECTA ®ETREAT in The Hague (18 April), co-organised with the Benelux Office for Intellectual Property (BOIP). Register now to secure your place! This year's ®ETREAT is free of charge, do not miss this exceptional opportunity.
We will move beyond the frontiers of IP with engaging discussions on:
IP Valuation: Why, When, How? (Morning Session)
This panel will discuss key aspects of IP valuation that play an important role based on a company's lifecycle. From inception to insolvency, the why, when and how of IP valuation will be addressed, including different methods of valuation and the importance of licensing.
This session is moderated by Eline Schiebroek (BOIP, NL) and will feature Pieter Van Den Broecke (Linklaters LLP, BE), Stijn De Nijs (EY Strategy and Transactions, BE), Bart De Moor (Strelia, BE), and Nicole Ockl (TUI, DE).
Exhaustion of IP Rights (Afternoon session)
With the ECJ decision of 18 January 2024 in case C-367/21 (Hewlett Packard Development Company LP / Senetic S.A.) some IP professionals have referred to the effect of the decision as a paradigm shift, with regards to the burden of proof. The panel will discuss the decision and explore its expected impact on the issue of trade in unauthorized parallel imported products into the EU.
This session is moderated by Gie van den Broek (LXA Attorneys, NL) and will feature Pieter Veeze (BOIP, NL), Janette Hamer (Forresters, UK), Maarten Haak (Hoogenraad & Haak, NL).
Participants will have ample networking time during the lunch break and a cocktail reception following the ®ETREAT. You can consult the program here.
Secure your spot soon, as capacity fills up quickly!
We will move beyond the frontiers of IP with engaging discussions on:
IP Valuation: Why, When, How? (Morning Session)
This panel will discuss key aspects of IP valuation that play an important role based on a company's lifecycle. From inception to insolvency, the why, when and how of IP valuation will be addressed, including different methods of valuation and the importance of licensing.
This session is moderated by Eline Schiebroek (BOIP, NL) and will feature Pieter Van Den Broecke (Linklaters LLP, BE), Stijn De Nijs (EY Strategy and Transactions, BE), Bart De Moor (Strelia, BE), and Nicole Ockl (TUI, DE).
Exhaustion of IP Rights (Afternoon session)
With the ECJ decision of 18 January 2024 in case C-367/21 (Hewlett Packard Development Company LP / Senetic S.A.) some IP professionals have referred to the effect of the decision as a paradigm shift, with regards to the burden of proof. The panel will discuss the decision and explore its expected impact on the issue of trade in unauthorized parallel imported products into the EU.
This session is moderated by Gie van den Broek (LXA Attorneys, NL) and will feature Pieter Veeze (BOIP, NL), Janette Hamer (Forresters, UK), Maarten Haak (Hoogenraad & Haak, NL).
Participants will have ample networking time during the lunch break and a cocktail reception following the ®ETREAT. You can consult the program here.
Secure your spot soon, as capacity fills up quickly!
2024 EUIPO GUIDELINES FOR EXAMINATION OF EUTMS AND RCDS CAME INTO FORCE
The 2024 EUIPO Guidelines for examination of EU trade marks and registered Community designs came into force on 31 March 2024.
The Guidelines outline the EUIPO’s general instructions to be applied in the most frequent scenarios and adapted to specific cases.
Available in English, French, German, Italian, and Spanish, the Guidelines can be accessed in either a clean version or a track-changed version, visible via the ‘show modification’ function, which highlights modifications compared to the previous edition.
The EUIPO has also made available a webinar with an overview of the main changes introduced in this new edition. The webinar will answer the following questions:
• Where can I find information on means of evidence?
• What are the developments of the Office’s practice on virtual goods and non-fungible tokens?
• What is seen as ‘best practices’ in proceedings before the Office?
• What are the changes in practice brought about by recent case-law?
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ECTA contributed actively during the last revision cycle of the Guidelines and thanks its members for their active participation.
The Guidelines outline the EUIPO’s general instructions to be applied in the most frequent scenarios and adapted to specific cases.
Available in English, French, German, Italian, and Spanish, the Guidelines can be accessed in either a clean version or a track-changed version, visible via the ‘show modification’ function, which highlights modifications compared to the previous edition.
The EUIPO has also made available a webinar with an overview of the main changes introduced in this new edition. The webinar will answer the following questions:
• Where can I find information on means of evidence?
• What are the developments of the Office’s practice on virtual goods and non-fungible tokens?
• What is seen as ‘best practices’ in proceedings before the Office?
• What are the changes in practice brought about by recent case-law?
-----
ECTA contributed actively during the last revision cycle of the Guidelines and thanks its members for their active participation.
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