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01-13 | 11 January 2013

Topics: Designs EUIPO Cooperation Fund Geographical Indications IP Translator Plain Packaging TM View

SAVE THE DATE FOR ECTA ROUND TABLE SESSION IN ALICANTE, 21 FEBRUARY 2013
"Before and after IP Translator"

Programme and Registration form will be soon available on ECTA website

REMINDER - ECTA AWARD
Please note that articles should be submitted to the ECTA Secretariat by 28 February 2013. Further information can be found HERE

Table of Contents

1 LAW
1.1 Trade Marks
  • Plain Packaging: Public consultation launched by the Irish Governement following the publication of the revised Tobacco Directive
1.2 Designs
  • Consultation on Reform of the UK Designs Legal Framework Responses to Designs Consultation
1.3 Geographical Indications
  • Publication of the latest applications in the Official Journal of the European Union
2 OFFICE PRACTICE
2.1 OHIM
  • TMview and Global Brand databases soon linked
  • EuroClass - Mission accomplished
  • Cooperation Fund tools on the web
2.2 WIPO
  • Seminar on the Trade mark Cluttering, 29 January 2013, Geneva,
  • Director General’s Meeting with NGOs, 7 February 2013, Geneva
  • Worldwide Symposium on Geographical Indications, 27-29 March 2013, Bangkok
2.3 National Offices
  • France: Official INPI Director General’s communication relating to the products wording and services applications for registration of trade marks under the judgment of the ECJ of 19 June 2012 (IP Translator case)
  • Bulgaria: New practice following the IP Translator case
  • Lithuania: Lithuanian Technical Library set up WIPO Depository Library
3 CASE LAW

The latest case law will be published in the next edition of ECTA Flash.

4 ECTA NEWS
  • Report on the 44th Administrative Board and 42nd Budget Committee Meetings, 13-15 November 2012, OHIM, Alicante
  • European IPR Helpdesk, INNOVACCESS network & China IPR SME Helpdesk-Stakeholders Meeting, 21 January 2013

Editorial team: Ewa Grabiak and Annick Mottet Haugaard

1 Law

1.1 Trade Marks

Plain Packaging: Public consultation launched by the Irish Governement following the publication of the revised Tobacco Directive

Following the Commission’s publication of the tobacco product directive on 19 December, the Irish Department of Health has launched a public consultation on the proposal of the Commission.

The replies must submitted by 16 January 2013.

ECTA Law Committee, under the lead of Christopher Morcom prepared comments, which will be published in the next Flash.

More information regarding the consultation may be found HERE


1.2 Designs

Consultation on Reform of the UK Designs Legal Framework Responses to Designs Consultation

On 9 January 2013, the UK IPO published a summary of responses received during its consultation on the Reform of the UK Designs Legal Framework. The Government received 38 responses from interested parties.

The summary may be found HERE

Decisions made as a result of the consultation will be published as soon as possible.

ECTA submitted its comments (See Flash 16-12)

ECTA comments, drafted under the lead of Keith Hodkinson, member of ECTA Design Commitee, may be found HERE


1.3 Geographical Indications

Publication of the latest applications in the Official Journal of the European Union

The application for the following products were published in the Official Journal of the European Union:

Statements of objection must reach the Commission within six months from the date of publication.


2 Office Practice

2.1 OHIM

TMview and Global Brand databases soon linked

On 21 December 2012, OHIM and WIPO expressed officially their intention to link TMview and WIPO´s Global Brand Database. The declaration is in accordance with the Memorandum of Understanding between OHIM and the International Bureau of WIPO, signed on June 17 2011.

OHIM and WIPO will therefore seek to provide users with access to a broader range of data through a link between TMview, managed by OHIM, and the Global Brand Database, managed by WIPO.

The official declaration may be found HERE

EuroClass - Mission accomplished

On 8 January 2013 OHIM announced that all EU National Offices, including Croatia, are now part of EuroClass.

The final EU office – Latvia – joined at the end of December 2012.

More information may be found HERE

Cooperation Fund tools on the web

OHIM presented the Cooperation Fund tools on the web.

You may see the video presentation HERE

Don’t forget to check the website of the European Trade Mark and Design Network.


2.2 WIPO

Seminar on the Trade mark Cluttering, Geneva, 29 January 2013

The seminar is organised in the framework of the WIPO Seminar series on the Economics of Intellectual Property in order to promote high quality discourse on the economics of the IP in the international IP policy by bringing together economists and academics to present their latest research.

The seminar will take place on 29 January 2013 in Geneva.

More information may found HERE

Director General’s Meeting with NGOs, 7 February 2013, Geneva

The Director General of the World Intellectual Property Organization (WIPO) is inviting accredited Non-Governmental Organizations to a meeting to be held on Thursday, 7 February 2013, from 15.00 to 16.30, in Room NB Conference 3 in the new WIPO building.
Launched as a bi-annual initiative to provide a forum for an exchange of views on the international intellectual property system generally and the work of WIPO specifically, the meeting will offer an opportunity for a direct dialogue with the Director General on the priorities and objectives of WIPO in 2013, as well as a reflection of the achievements of 2012.

Victoria Wisener, ECTA Swiss Members will attend the meeting.

Worldwide Symposium on Geographical Indications, Bangkok, 27-29 March 2013

The 2013 edition of the Worldwide Symposium on Geographical Indications is organized jointly by the World Intellectual Property Organization and the Department of Intellectual Property (DIP) of Thailand.

ECTA will be represented by Benjamin Fontaine, Chair of ECTA Geographical Indications Committee.

More information regarding the meeting may be found HERE

The Programme is available HERE


2.3 National Offices

France: Official INPI Director General’s communication relating to the products wording and services applications for registration of trade marks under the judgment of the ECJ of 19 June 2012 (IP Translator case)

On 28 December 2012 the French IPO (INPI) published an official statement regarding the IP Translator case.

INPI considers that the use of a general class called, followed by a statement of claim of protection for all products or services of the class in question, does not meet the requirements of precision and clarity required .

Accordingly, any application for registration of marks which would include a mention of this type will receive the irregularity notice by which the applicant will be asked to remove it. Otherwise, the registration application will be a partially rejected and will be registered only for the goods and services explicitly mentioned in the application.

To clarify that he is requesting all the products or services of a class, the applicant must include in its wording the alphabetical list of goods or services of the relevant class, as listed by the classification in force at the time of filing only words that would satisfy the requirements of clarity and precision required.

The official statement (in French) may be found HERE=2565&cHash=89bd00e967]

Bulgaria: New practice following the IP Translator case

On 7 January 2013 , the Bulgarian IPO announced that a new practice, following the IP Translator case, will be applicable from 1 March 2013.

The Patent Office of the Republic of Bulgaria will continue to accept the general terms, included in the class headings of the Nice Classification, however in each case it will be individually assessed if the terms used are sufficiently clear and precise in order to determine the scope of protection in an undisputable way.

The distinction between two situations must be made:

  • When the applicant wishes that the protection of the mark covers all goods and services, included in the alphabetical list of the respective class of the Nice Classification and when using the class heading, they shall explicitly point this out in the application, for example by pointing out after the class heading that “the application concerns all goods/services, listed in the alphabetical list of this class”.
  • When the applicant uses the terms of the class heading, but does not indicate that the request concerns all goods or services, included in the alphabetical list of this class, the Patent Office will accept that the claimed protection concerns only the goods or services, which are literally meant by the used terms, i.e. the principle “means what it literally says“, will be applied.

More information (in Bulgarian) may be found HERE

Lithuania: Lithuanian Technical Library set up WIPO Depository Library

Since January 2013 Lithuanian Technical Library (LTL) has acquired the status of WIPO Depository Library in the Republic of Lithuania.

Since January 2013 WIPO will supply LTL with one copy of all unrestricted WIPO publications issued, including books, reports and periodicals, in addition to electronic materials (CDs, DVDs, etc), hereinafter referred to as “WIPO Publications”, as they are published and made available to the public.

Press release from the Lithuanian Office may be found HERE

To know more about the Lithuanian Technical Library, check HERE


3 Case Law

Summaries and case law provided by Darts IP

The latest case law will be published in the next edition of ECTA Flash.

4 ECTA News

Report the 44th Administrative Board and 42nd Budget Committee Meetings, 13-15 November 2012, OHIM, Alicante

The report on the 44th Administrative Board and 42nd Budget Committee Meetings is available for ECTA Members under section OHIM Link Commitee - Papers.

European IPR Helpdesk, INNOVACCESS network & China IPR SME Helpdesk-Stakeholders Meeting, 21 January 2013

Annual Stakeholder Meeting of the European IPR Helpdesk is an initiative funded by the European Commission Directorate-General for Enterprise and Industry under the Competitiveness and Innovation Framework Programme.

The Stakeholders of the European IPR Helpdesk include members of European industry associations, European SME associations, the Enterprise Europe Network, other business support organisations and networks specialised in research and innovation, particularly in the framework of the Competitiveness and Innovation Framework Programme and the Seventh Framework Programme, to name a few.

It will be a good opportunity to become acquainted with the China IPR SME Helpdesk and InnovAccess (a network of National Intellectual Property Offices), two other initiatives in the field of Intellectual Property.

ECTA being the official partner of the European IPR Helpdesk has been invited to participate.

The Agenda of the meeting may be found HERE

Ewa Grabiak ECTA Legal Coordinator will attend the meeting.


France Design, Geographical Indications, Trade Mark National Office Practice