Today is your LAST CHANCE TO REGISTER AT THE EARLY BIRD RATE for the 44th Annual Conference ‘Green Light for Growth’ on 17-20 June 2026. It will be three immersive days dedicated to intellectual property, with a strong focus on how technology and innovation are impacting the IP landscape - alongside plenty of networking in the friendliest community!Why Dublin?Today, Dublin is a dynamic European capital, a global hub of innovation and entrepreneurship. The city’s docklands - once filled with ships - now host the European headquarters of major tech giants and trailblazing Irish firms. Its universities, research centres, and creative industries drive Dublin’s reputation as a city of ideas and progress.Visitors will find a city alive with culture and warmth. Literary legends like Joyce and Yeats continue to inspire, while traditional music sessions spill from historic pubs. A cosmopolitan dining scene and buzzing nightlife reflect the city’s modern edge.Delegates at ECTA 2026 will experience first-hand why Ireland is a place where heritage meets innovation - and where bold ideas find green lights to grow.(Local Organising Committee)What’s on the agenda?Wednesday, 17 June - Committee Meetings, Mock Mediation, Keynote and Welcome ReceptionThe Conference will kick off with Committee meetings to discuss ongoing projects and key developments across all IP areas, offering a wealth of useful insights for IP professionals. Sneak peek: in Dublin, discussions will also begin on a very relevant topic that goes beyond the purely legal dimension of IP - its valuation.The educational programme will then open with a highly interactive mock mediation workshop. Participants will be guided through the preparatory phase, observe a mediation in action, explore the roles of the parties involved and analyse the key factors that contribute to a successful outcome. This will be followed by a keynote session addressing challenges and evolving dynamics for women in the legal profession. Professionals of all genders and levels of seniority are warmly encouraged to attend!Our active and fast-growing Young Professionals Group will also host a dedicated gathering for its 100+ members. The day will conclude with the Welcome Reception at Café en Seine, one of Dublin’s most iconic venues, blending the Belle Époque glamour with contemporary Irish style.Thursday, 18 June - Educational Immersion and Cheers!After the opening remarks by ECTA President, Thursday will begin with a lively interview with leading IP personalities from institutions, industry and private practice, offering a multi-perspective overview of the latest IP news and trends. The programme will then continue with a practical panel on best practices for developing and managing comprehensive IP portfolios in the era of green technology, addressing both protection strategies and value creation.Further sessions will explore the impact of AI and dupe influencers in the pharmaceutical and cosmetics sectors, as well as how ESG (Environmental, Social and Governance) considerations influence IP strategy in the tech sector, touching on emerging trends in IP litigation and enforcement.ECTA’s Board of Directors and long-standing members will welcome first-time attendees to the ECTA Family in a dedicated gathering, sharing practical tips on how to make the most out of the association and Conference experience. There will be ample networking time and some video interview opportunities for newcomers!The day will conclude with a networking evening at the Guinness Storehouse, one of Ireland’s most visited attractions and an emblem of the country’s brewing heritage - as the Irish say, Sláinte! (Cheers!)Friday, 19 June - Learning Boost and Gala DinnerFriday’s programme will provide a final learning boost, opening with a session on the EUIPO Knowledge Centre, including a comparison between the EU and US copyright systems. This will be followed by a geographical indications-dedicated session on ESG, greenwashing and green claims, and a session exploring how AI is impacting the design field, from creation and use to protection and enforcement. The working programme will conclude with one of ECTA’s most popular highlights: the session on recent EU case law, offering an update of key judicial IP developments.ECTA Award winners will be celebrated, and the Conference will conclude with a Gala Dinner at the Royal Dublin Society, one of Ireland’s oldest and most prestigious institutions.Saturday, 20 June - Guided Excursions (upon reservation!)Attendees will have the opportunity to explore beautiful Dublin on a half-day tour featuring some of Ireland’s most iconic landmarks: the majestic Trinity College, its world-famous Book of Kells, St. Patrick’s Cathedral, the Dublin Castle, the vibrant Temple Bar district, and much more.Alternatively, a full-day tour will take participants through Ireland’s scenic landscapes, from the monastic ruins of Glendalough, across the rugged Wicklow Mountains, to Enniskerry, one of Ireland’s prettiest villages, nestled in a wooded hollow among the hills. The Baileys making workshop will add a uniquely local touch.(Paola Ruggiero, ECTA First Vice-President, in charge of the academic programme)

We inform ECTA members that the European Union Intellectual Property Network published the List of Terms Used in the Digital Environment on its website.According to EUIPN, the List aims to support a more consistent understanding of terminology used in the fast-evolving digital landscape. It is intended as a support tool and knowledge repository for trade mark examiners and applicants across the EU.The List is not exhaustive and is not binding, it is provided for information purposes only. Therefore, any of the terms included in this list may or may not be subject to objections on a case-by-case basis, regardless of their presence in the list.The List will be subject to periodic review.

We wish to inform ECTA members that WIPO, in partnership with the European Commission’s International IP SME Helpdesks, is launching a new webinar series aimed at SMEs and individual entrepreneurs preparing to expand into key export marketsThe series aims to strengthen SMEs’ awareness of IP and provide practical guidance on protecting trade marks and designs internationally.The first webinar, focusing on China and the ASEAN region, will take place on 26 March 2026, 10:00-11:00 CET. Experts will share insights on the regional trade mark landscape, considerations for protection, and practical registration routes using WIPO’s Madrid System.You can find out more and register here.More webinars of this series are coming soon, focusing on India and Latin America, providing a general introduction to WIPO’s Madrid System for SMEs, and covering how to protect designs internationally using WIPO’s Hague System.---- In line with the European Commission and EUIPO's focus on SMEs, ECTA established its SME task force years ago, recently evolved into the permanent SME-Link Committee. This Committee helps ECTA actively participate in EU discussions and activities related to SMEs. ECTA's objective is to promote broader and more effective use of IP by SMEs, while highlighting the important role of IP practitioners in this process.

In January 2026, the European Commission adopted two further measures to modernise the EU industrial design protection regime: Implementing Act (Implementing Regulation II) and a Delegated Regulation.The Implementing Regulation lays down detailed rules for implementing certain provisions of Regulation (EC) No 6/2002 on Community designs, specifying the details required in applications for registered EU designs and related requests.The Delegated Regulation supplements Council Regulation (EC) No 6/2002 with rules specifying the details of certain proceedings concerning registered designs, including amendment of applications, invalidity proceedings, and general formalities for proceedings before the Office. It repeals Commission Regulation (EC) No 2245/2002. The adopted texts have been published in the Official Journal and will apply from 1 July 2026.The ECTA Design Committee and its Design Law Reform task force have closely monitored these measures and will keep ECTA members further informed of new developments.Katri Kiviniemi, Chair of the ECTA Design Committee, stated: "We appreciate the well-functioning legislative system in the European Union and the Commission's leadership in securing the functioning of our internal market. These changes will provide new opportunities for designers and design-intensive companies in the European Union and beyond. The ECTA Design Committee looks forward to sharing information on the coming changes and their practical implementation, working closely with the EUIPO and national offices of the EU Member States."

This week, ECTA met in Brussels with the European Commission (DG AGRI and DG GROW) to exchange views and discuss updates on a range of important topics, including:Reforms on designs, patents, and non-agri Gis;Updates on IP enforcement and evaluation of EUTMR and IPRED;Plans and developments in the area of IP valuation and SME support;Issues on the intersection of domain names and GIs, use of GIs in the labelling and advertising and treatment of GIs under various bilateral and multilateral international agreements;As well as other topics of interest to our members and related to ongoing projects within various ECTA Committees.The ECTA delegation included Carina Gommers (President), Paola Ruggiero (1st Vice President), Benjamin Fontaine (2nd Vice President), Julien Scicluna (Secretary General), Klaudia Błach Morysińska (Treasurer), Anna Ostanina (Head of Legal Affairs), Aitor Pomares (Chair of the Geographical Indications Committee), and Peter Lukacsi (Chair of the IP Valuation Task Force).In addition, in a productive meeting in Brussels, the Board of Directors and Secretariat fine-tuned the details for the promising #ECTA44 Annual Conference in Dublin and discussed other strategic priorities for the months ahead.

The ECTA delegation composed of Carina Gommers (ECTA President), Benjamin Fontaine (2nd Vice-President), Anna Ostanina (Head of Legal Affairs), and Peter Müller (Chair of the ECTA Patent Committee) held the first bilateral meeting with the EPO yesterday. This meeting presented an opportunity to introduce ECTA’s work on patents and the ECTA Patent Committee. We also appreciated the chance to learn more about EPO’s recent developments and activities impacting our profession. We look forward to strengthening our collaboration and having more regular exchanges between our patent experts and the EPO representatives.We are also pleased to welcome several EPO colleagues at today’s ECTA ®ETREAT “UPC - A Success Story?” at the German Patent and Trade Mark Office in Munich - it promises to be a full day of very interesting discussions!

This week, ECTA took part in the annual European Sister Organisations’ (ESO) meeting, held this time in Munich, Germany and jointly organised by ECTA and GRUR.ECTA was represented by 1st Vice-President Paola Ruggiero, 2nd Vice-President Benjamin Fontaine, and Head of Legal Affairs Anna Ostanina.The meeting brought together representatives from APRAM, BMM, CITMA, ECTA, GRUR, MARQUES and UNION-IP for discussions on key challenges, joint initiatives, and recent developments in IP legislation and practice as well as benchmarking of practices in some strategic areas.The ESO meeting continues its important tradition of cooperation and knowledge exchange, fostering closer ties, coordinated actions and more impactful advocacy efforts between European IP associations.This meeting was held a historical venue, the TUM library, and included a walking tour of the city and a visit to the Lenbachhouse Gallery, thus providing an opportunity for more informal exchanges between participants.We express heartfelt thanks to all the participants of the meeting and their valuable contributions, as well as to our co-host, GRUR, for helping to plan the culturally rich programme adding a special touch to the meeting.

Last week, ECTA and the EUIPO held their annual Bilateral Meeting at the EUIPO Headquarters in Alicante, discussing a wide range of topics of mutual interest relating to various IP rights and their enforcement.We are grateful to the EUIPO, the Executive Director João Negrão and his team for the hospitality and warm welcome in Alicante, as well as for the productive exchange, strengthening the fruitful cooperation we have built over the years.Among the topics discussed were: the EUIPO mediation procedure and clarifications around the scope of the Mediation Centre; the current approach to trade marks covering software; the design novelty search database; clarification on the application of certain articles of the CIGI Regulation; updates from the Copyright Knowledge Center; the implementation and administration of Text and Data Mining databases; the issue of undefended oppositions in the context of Chinese applications; the functioning of IPEP and the role of legal representatives; the IP landscape foresight exercise; AI-generated preliminary opinions on oppositions, and AI-generated evidence and submissions. More information about the updates received will be shared soon with our members.ECTA was represented by Carina Gommers (President), Paola Ruggiero (First Vice-President), Benjamin Fontaine (Second Vice-President), Anna Ostanina (Head of Legal Affairs), Cristina Bercial-Chaumier (EUIPO-Link Committee Chair), Sarka Petivlasova (EUIPO-Link Committee Vice-Chair), Stephanie Wuyts (EUIPO-Link Committee Secretary), Carlo Sala (EUIPO-Link Committee member), Aitor Pomares (Geographical Indications Committee Chair), Stoyan Sirakov (Anti-Counterfeiting Committee Chair), Judit Lantos (Mediation Committee Chair).Our thanks also go to the ECTA EUIPO-Link Committee team, whose expertise is essential for the success of this collaboration and regular exchange. 

This update is to help ECTA members and IP community at large stay informed about upcoming ECTA events and plan ahead. Registration links and further details will be shared via direct email communication in due course.If you are not a member and would like to receive updates on ECTA events and activities, please email ecta@ecta.org to be included on our mailing list.17 April 2026ECTA UPC Coffee by ECTA Patent Committee “UPC approach to inventive step”📍  Online (every second Tuesday of the month) Presenter: Filippo Pretato (DeosIP)Open to members only / Link to join regularly sent via email and available on the ECTA private site17-20 June 2026ECTA 44th Annual Conference “Green Light for Growth” 📍  Dublin, IrelandOpen to all / Early bird registration is open until March 31 -  Register here.15-17 October 2026ECTA Autumn Meeting 📍  Porto, Portugal Open to ECTA Supervisory Board and Committee members only / More information will follow.Spring 2027ECTA ®ETREAT📍 The Hague, The Netherlands In collaboration with Benelux Office for Intellectual PropertyMore information will follow.16-19 June 2025ECTA 45th Annual Conference  📍  Destination to be unveiled soon!

We wish to inform ECTA members that Common Practices CP16 and CP17 are now available on the EUIPN website in 23 languages, along with the list of implementing IPOs and their implementation dates. CP16 establishes a common understanding of the notion of subject matter, as well as elements to be considered when assessing descriptiveness of signs that may serve, in trade, to designate the subject matter of the goods and/or services for which protection is requested under Article 4(1)(c) TMD. CP17 establishes a common understanding of the concept of slogans and an explanation of the assessment of their distinctive character, including a non-exhaustive list of common factors relevant under Article 4(1)(b) TMD.Both include illustrative examples.The documents were developed by experts from national and regional EU IPOs, the EUIPO and user associations participating in the drafting process. ECTA actively contributed to the development of both CPs through the participation of our members in working groups and through discussions within our Committees – particularly the EUIPO-Link, Law and Harmonization Committees - and governing bodies. We will now follow their implementation with interest.

We wish to inform ECTA members of an increased number of misleading email payment requests that are currently circulating and targeting users of the National IP Offices of Austria, Hungary, Norway, and Romania. The IP Office of your own country may be targeted as well.These emails falsely claim to be sent on behalf of the above Offices and request payment of an alleged TMView registration fee to various bank accounts. The messages refer to false legal bases and misuse the name of the EUIPO as the recipient of the payments.The EUIPO has started the takedown of domain names registered and used in bad faith to send these messages and has published anonymised samples of the emails on its dedicated webpage.ECTA members are invited to report any similar scams to us by sending a copy to ecta@ecta.org, so we can inform the EUIPO Anti-Scam Network and act effectively against scammers. Please note that invoices do not need to be anonymised, as this is handled by the EUIPO.If such cases arise, parties are also encouraged to file a police report at national level and share the relevant case file number with the EUIPO. As the EUIPO works closely with Europol, this information helps support their analysis and operational assistance to national law enforcement authorities.

The application period for the SME Fund 2026 has opened and will run until 4 December 2026.The SME Fund is a grant scheme designed to provide financial support to SMEs established in the EU and Ukraine for the protection of their intellectual property rights. Through a voucher-based reimbursement model, SMEs can recover part of their IP-related costs:Voucher 1: IP Scan and IP Scan Enforcement - 90% reimbursementVoucher 2: Trade marks and designs - up to 75% reimbursementVoucher 3: Patents - up to 75% reimbursementVoucher 4: Community Plant Varieties - 75% reimbursementThe application can be submitted by a business owner, employee or an authorised external representative acting on their behalf.  For detailed information on requirements and how to apply, please consult here. Helpful FAQs can be viewed here.An EUIPO webinar dedicated to the SME Fund 2026 can be accessed here.  ----  In line with the European Commission and EUIPO's focus on SMEs, ECTA established its SME task force years ago, recently evolved into the permanent SME-Link Committee. This Committee helps ECTA actively participate in EU discussions and activities related to SMEs. ECTA's objective is to promote broader and more effective use of IP by SMEs, while highlighting the important role of IP practitioners in this process.

We wish to remind ECTA members that Multi-Factor Authentication (MFA) will become mandatory as of 16 February 2026 and will be required to access the EUIPO User Area.MFA has been available as an optional feature since 1 December 2025, allowing users to familiarise themselves with the process ahead of its mandatory implementation.How MFA worksSetup: Users will be invited to set up MFA with an authenticator app (e.g., Microsoft Authenticator, Google Authenticator) by scanning a QR code. Once MFA becomes mandatory, this step will be required to continue.Verification: Users enter the 6-digit code generated by the authenticator app to complete the setup.Login: Users log in with their username and password as usual, followed by the 6-digit code from the authenticator app.*Please note: in cases where multiple colleagues need to access the same account in the EUIPO User Area, sub-profiles will need to be created. For this reason, ECTA suggests starting the process before 16 February.Users can contact the EUIPO Customer Care at customercare@euipo.europa.eu for any questions.

We are pleased to inform ECTA members about the 6th IP Case Law Conference “Growing through change” hosted by the  EUIPO Boards of Appeal  both in  Alicante  and online on 21-22 May 2026 .The Conference will bring together IP judges, legal practitioners, academics, in-house counsel and institutional representatives to explore the evolving legal landscape of European intellectual property, with a particular focus on the latest trade mark, design, copyright and domain name jurisprudence .Participants will gain updates on:Key rulings of the General Court and Boards of AppealThe latest copyright and AI disputesShifting boundaries in design lawStrategic enforcement of lesser-known national rightsGlobal perspectives on trade mark and domain name conflictsThe future of IP adjudication in an unpredictable worldTo find out more and register onsite or online , please consult here. ECTA Members can benefit from a 50% reduction, check out the news in the private site for the discount code.

Early Bird registration is now open for the ECTA 44th Annual Conference "Green Light for Growth”, taking place in Dublin from 17 to 20 June 2026. Secure your place at a reduced rate!REGISTER HEREBeing Dublin one of Europe’s leading tech hubs, the Conference will be 3 immersive days of IP learning with a focus on how technology and innovation have an impact on IP. Delegates at ECTA 2026 will experience first-hand why Ireland is a place where heritage meets innovation - and where bold ideas find green lights to grow. 💡Highlights of the academic programme include a mock mediation case, lively discussions on the latest IP news and trends; developments and management of IP portfolios in the era of green technology; ESG, greenwashing and green claims; the impact of AI on the design field; recent IP case law, among others. And of course, plenty of networking within the friendly ECTA community.Check out the programme here, attendance options and prices here (Early Bird ends on 31 March).We have secured a number of rooms at Clayton Hotel Burlington Road (Conference venue) and nearby hotels. For details on hotel options and reservation at ECTA rates and conditions, please refer to the confirmation email received upon registration. ECTA rooms are limited and available on a first-come, first-served basis!

One of ECTA's most anticipated events, the ECTA Round Table in Alicante, returns on 26 February 2026 (17:00-19:30) this time at ICALI (Alicante Bar Association). The event is fully booked, please kindly register on the waiting list here.The event is co-organised with ICALI, University of Alicante, and Magister Lvcentinvs - IP Master of the University of Alicante and this year’s topic is "Should Your Weak Trade Mark Go to the Gym? (How to Enforce Weak Trade Marks)", featuring two insightful panels:Panel 1: What is a Weak Mark?Panel 2: Case Law Trends on the Enforcement of Weak MarksThe programme concludes with a cocktail reception until 21:00. You can consult the programme with speaker line-up here.The event is onsite only and free of charge. Certificate of attendance for CLE credits will be issued upon request. As space is limited, please reserve your spot only if you plan to attend.

By Stefan Bojovic (ECTA Internet Committee, MSA IP - Milojevic Sekulic & Associates, Serbia)and Diego Noesen (ECTA Internet Committee, Petillion, Belgium)The Final Report of the UDRP Review Project Team lead by World Intellectual Property Organization (WIPO) and the Internet Commerce Association (ICA) was published in December. The full Final Report is available here and the executive summary here.The Final Report represents the joint endeavour of wide range of stakeholders that are dealing with the UDRP on daily basis and which are, therefore, interested in the future of one of the most successful alternative dispute resolution mechanisms ever created. The UDRP has been in effect since 1999 and has been relied upon to resolve over 125,000 cases.The purpose of the Final Report is to support the Internet Corporation for Assigned Names and Numbers (ICANN) in Phase 2 Review of Rights Protection Mechanisms, which will deal with reviewing the UDRP. Phase 1 of the review process (which reviewed the Uniform Rapid Suspension system, the Trademark Clearinghouse and Sunrises and Claims Notices) took over 4 years to complete and has not been yet fully implemented 5 years on. Based on lessons learned from Phase 1, WIPO and ICA made a significant effort to gather all relevant stakeholders interested in the UDRP and created a comprehensive report that is aimed to help ICANN to have a more efficient, focused, and practical way forward in conducting Phase 2 review process.The Project Team, along with additional subject matter experts, included representatives from various fields such as UDRP panellists, scholars, UDRP practitioners, registrars, registrants, brand owners, UDRP providers, etc. After the Project Team published an Initial Report of the WIPO-ICA UDRP Review Project Team (Initial Report) in April 2025, around 80 additional comments were submitted from a broad range of individuals and organizations (comments available here). ECTA had an active role in this process and submitted its comments in the form of a Position Paper on 27 June 2025 (Position Paper here).As an outcome of this process, the Final Report identifies 23 subjects for potential consideration in ICANN’s Phase 2 review of the UDRP. These subjects were identified through consultations, deliberations, and review of previous ICANN and community discussions on potential targeted amendments to the UDRP and its overall framework. The Final Report divides relevant subjects in 4 categories, based on their potential to be adopted by wider community and the possibility of their prompt implementation, namely:Where there is agreement among the Project Team and the proposed recommendation is readily implementable (Category 1);Where there is agreement in principle among the Project Team but additional work is required on implementation particulars (Category 2);Where there is recognition among the Project Team that a solution or agreed direction has not yet been determined and that further study and consensus building may be warranted (Category 3); andWhere there is agreement amongst the Project Team that no change is needed or that the issue is unlikely to reach consensus (Category 4).This categorization is expected to provide a clear guideline to ICANN and to make the review process overall more efficient, as the consensus (or lack thereof) provided in the Final Report represents the view of a wide group of stakeholders, that, to some extent, mirrors the structure of stakeholders at ICANN that will ultimately work on Phase 2 review process. This means that even before the Phase 2 review process is initiated, ICANN has at its disposal a comprehensive overview of all relevant subjects of discussion and their categorization based on the widest possible pool of parties interested in the UDRP. It is, therefore, expected that the Final Report will indeed make a great impact on the UDRP review process and that ICANN will, to the widest extent possible, follow the recommendations provided by the Project Team. Further Read: Comprehensive overview of the Final Report and implementation of recommendations from ECTA Position PaperFor those who are interested in further reading, you can find here the comprehensive overview that demonstrates how points from the ECTA Position Paper on the WIPO-ICA Initial Report are addressed in the Final Report. In this overview you will also find short comments clarifying the evolution of recommendations based on feedback from ECTA and other stakeholders that contributed to public debate on the Initial Report. The comments provided in this overview reflect the view of the authors of this news item and do not necessary reflect the views of ECTA.-----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.

**REGISTRATION CLOSED**The ECTA ®ETREAT, this year on patents, is taking place at the German Patent and Trade Mark Office (Munich, 5 March 2026, 8:30-17:30) and is kindly sponsored by Questel; rwzh Rechtsanwälte; CMS Hasche Sigle; MSP Müller Schupfner & Partner. This one-day event will explore the question “UPC - A Success Story?” through a series of engaging panel discussions covering topics such as FRAND, equivalency, case law, how to shape your claims and shape your strategy when enforcing European patents with national or unitary effect, as well as national patents.The program will include coffee breaks and lunch for attendees and will conclude with a complementary networking cocktail . The detailed agenda and speaker lineup can be consulted here.Venue (onsite only event):German Patent and Trade Mark Office (DPMA Forum)Zweibrückenstraße 12, 80331 Munich, Germany Participation fees:- Free of charge for ECTA members- EUR 120 for non-members- EUR 30 for full-time studentA certificate of attendance for CLE credits will also be available upon request.

By Richard Milchior (ECTA Patent Committee member, Herald Avocats, France) (*)The new Regulation (EU) 2025/2645 on compulsory licensing for crisis management is the first one stemming from the so-called patent package launched by the EU Commission a few years ago.According to its title and to recitals 1 to 3, the Regulation is intended to address potential crisis which may happen (being reminded that the thinking and the draft for this regulation were inspired by the Covid crisis) when voluntary agreements are not feasible, and to do so in accordance with the TRIPS Agreement. The recital reminds that compulsory licensing possibilities already exist at the national level but that this system now creates a licence granted at the Union level.This new regulation is linked to the recent crisis solution system, which has been implemented at the Union level, notably in relation to health crises (Regulation (EU) 2022/2371, Council Regulation (EU) 2022/2372 and Regulation (EU) 2024/2747) - those are the crisis situations listed in the recitals and in the Annex to the regulation. A granting of a compulsory license may be requested only after a crisis or emergency mode has been declared under a Union legal act, such as the one mentioned in the Annex.This compulsory licence may concern published patent applications and patents, published utility models and utility model applications and SPCs. However, a big limitation to the potential effect of this system comes from the fact that recital 13 states that ‘nothing in this Regulation should be interpreted as imposing any obligation to disclose undisclosed know-how, business information or technological information protected by trade secrets as defined by Directive (EU) 2016/943’. A caveat to this is the fact that the articles of the regulation, which are the only binding part, mention a limitation in relation to trade secrets in article 2.3 but this article does not include the term know-how.The regulation defines the objective and the scope of the rights for which a compulsory license may be granted and specifies that it cannot concern defence-related products.Its article 4 states the conditions to be met for the granting of a compulsory license, meaning:- the declaration of a status of emergency crisis, - and the needs for the protected invention, being acknowledged that no voluntary agreement was possible, - and that the right holder may have had the possibility to submit before the granting of a licence comments to the Commission and to a relevant competent advisory body mentioned by the Regulation.The regulation specifies that the licence is non-exclusive, non-assignable, limited in time and scope and subject to the payment of royalties, that the goods produced cannot be exported outside of the Union and that it should only be granted to someone having the capacity to exploit it. The royalties will have to be refunded if the published patent or published utility model applications are not granted.To allow the implementation of the system, a competent advisory body is created and should assist the Commission at different stages of the implementation of the system, starting with an assessment of the need to grant such a licence and advising upon the content of the licence agreement.The licensing process starts with information made by the Commission with a notice that it considers granting a compulsory licence by publishing a notice on its website allowing to present observations.The content of the license will be subject to an exam by the advisory body, nevertheless article 8 states a certain number of items which must be included in the license, including, for instance, the maximum quantity of products which may be manufactured under license. In addition, article 10 titled Obligations of the licensee completes what has to be respected by the future licensee under the risk of a termination of the license.It is interesting to note that Customs will be used to enforce this regulation, notably in relation to potential exports of licensed products outside the EU.The compulsory license will be different from a usual one, since its contents may be reviewed or modified or terminated by a third party (the Commission), if requested to do so and this after advice of the advisory body.It is also different from a normal license, since it non-respect may lead to fines of up to 300,000 euros (50,000 euros for SME) to the licensee who does not respect the compulsory licence agreement and, in addition, daily penalties (computed only by working days) for noncompliance with the decision which notices a non-respect of the license agreement may be given. They can go up to 1.5% of the turnover of the licensee (0.5% for SME) but let’s be clear, the text does not say turnover made with the license but turnover of the entity.Fines and penalties can only be applied after having followed a procedure described in the regulations, which includes the right of the licensee to be heard, and this is under the control of the Court of Justice of the EU.Finally, in addition to the advisory body already mentioned, a committee ‘within the meaning of Regulation (EU) No 182/2011’ (the ‘Comitology regulation’) will assist the Commission.A specific part of this regulation modifies Regulation (EC) No 816/2006, which concerns compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems, and allows to grant a compulsory union license where several national compulsory licenses may be needed. However, this licence will have to follow the rules of the new compulsory licence (explained above) and cannot concern Northern Ireland.Let’s finish with a question and a comment.A compulsory licence cannot concern trade secrets and perhaps know how. However, the regulation also states in article 13: ‘When exercising the rights or performing the obligations laid down in this Regulation, the right holder and the licensee shall refrain from any actions or omissions that could undermine the Union compulsory licensing process.’ Since a patent is sometimes difficult or impossible to use without the relevant know how, will it be possible for the licensee to rely on this article to obtain it?Finally, the scope of the crisis for which the system may be applied is limited to the type of crisis situation mentioned in the Annex. However, this Annex may be assessed and modified for the first time before 31 December 2027. In the actual and uncertain trade war, this may become a powerful tool for the Commission to fight any limitation or interdiction of export to the EU made by third parties.The text will officially enter into force on 18 January 2026, but it will in practice not be applicable until the adoption of the implementation regulation creating an advisory body.(*) This first presentation does not pretend to have examined all the potential issues created by this new regulation.-----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.