ECTA - European Communities Trade Mark Association

Table of content

1. LAW

1.1 EU issues

• Commissioner-designate for the Internal Market in favour of modernising the IP system

1.2 Trade Marks

• Study on the European functioning of the trade mark system – ECTA’s comments to Max Planck Institute
• Study on the European functioning of the trade mark system – OHIM’s contribution to Max Planck Institute
• OHIM Cooperation Fund – Charter Programme

1.3 Enforcement

• Draft Council Resolution "Enhancing the enforcement of intellectual property rights in the internal market"

1 Law

1.1 EU issues

Commissioner-designate for the Internal Market in favour of modernising the IP system

In his written answer to questions put by the European Parliament in advance of his confirmation hearing on 13 January 2010, Michel Barnier, the Commissioner-designate for the Internal Market, expressed his commitment to modernize the European Intellectual Property system. He intends to reinforce the legislation against counterfeiting and is in favour of a framework for copyright law that would enable us to meet new challenges such as digitization.

1.2 Trade Marks

Study on the European functioning of the trade mark system – ECTA’s comments to Max Planck Institute

Following Max Planck Institute’s letter of 17 November 2009 (see Flash 21-09) in connection with the Study on the European functioning of the trade mark system, ECTA sent on 14 January a response via a letter to which 13 annexes were attached. The letter and annexes can be found on ECTA website at Association - Position Papers Section.

Study on the European functioning of the trade mark system – OHIM’s contribution to Max Planck Institute

OHIM’s contribution to the European Commission’s study on the overall functioning of the trade mark system in Europe was sent to Max Planck Institute this week. The OHIM paper proposes a number of changes in the basic regulations covering the Community trade mark. There are also proposals designed to improve the governance of OHIM and deal with future fee adjustments and the office’s substantial accumulated surplus. In addition, the paper discusses the issues of "genuine use" of trade marks and coexistence and cooperation with national trade mark offices. The complete communication can be found at: http://oami.europa.eu/ows/rw/news/i…

OHIM Cooperation Fund – Charter Programme

On 13 November, the Interim Chair of the OHIM Adminstrative Board, Darina Kylianova, provided the Delegations and five NGOs representative at the Administrative Board with the latest developments in connection with the Cooperation Fund and the work of its Management Board. The Management Board is currenrly working on a Programme Charter taking into account the comments received following Lord Mogg’s letter of 30 November 2009 (see Flash 22-09 and Flash 01-10). A meeting was held in Brussels on 7 January 2010 where discussions were held regarding the Charter which currently splits the cooperation into four cooperation fields: harmonization projects, software packages, information services and activities to facilitate the enforcement of trade mark and design rights. The Management Board is also still working on some other areas such as the area of governance, the roles and responsibilities of key players (including users’organizations), etc. The Charter will be distributed to the Administrative Board and Budget Committee delegations in beginning of February 2010 and will then be discussed at the extraordinary meeting of the Administrative Board which will take place in Alicante on 24 February 2010. ECTA, represented by Anne-Laure Covin, ECTA Legal Co-ordinator, shall not fail to present its comments as an observer at that meeting. All ECTA Chairs of Committees will receive a copy of the proposed Charter and will be requested to propose comments.

1.3 Enforcement

Draft Council Resolution ”Enhancing the enforcement of intellectual property rights in the internal market”

The Presidency of the EU Commission drafted on 8 January 2010 a proposal of a Council Resolution titled ”Enhancing the enforcement of intellectual property rights in the internal market”. This document refers to cooperation and coordination in enforcement at national and Community levels. This Resolution was discussed at the Council Working Party meeting in Brussels on 13 January 2010. Further developments will be reported.