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15-12 | 26 September 2012

Topics: EU - Dialogue with Third Countries EU Observatory gTLD Plain Packaging

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Table of Contents

1. LAW
1.1 Anti-counterfeiting
  • EU-China IP Dialogue on IPR and Meeting with China Trade Mark Association
1.2 Trade Marks
  • Plain Packaging - Workshop "Packaging of unhealthy products" at the European Parliament
1.3 Internet
  • "A clean and open Internet" - Public consultation on procedures for notifying and acting on illegal content hosted by online intermediaries
  • ICANN New gTLDs Proposed Public Comments
1.4 Geographical Indications
  • European Parliament legislative resolution of 13 September 2012 on the proposal for a regulation of the European Parliament and of the Council on agricultural product quality schemes

2 OFFICE PRACTICE
2.1 OHIM
  • EU Observatory - Paul Maier appointed as President
  • EU-China IP Dialogue on IPR
  • Revision of OHIM Manual regarding Article 7(1)(i) on the protection of emblems other than those in Article 6 ter of the Paris Convention and Articles 7(1)(j) and (k) regarding protection of geographical indications- ECTA Position Paper
2.2 WIPO
  • Assemblies of Member States of WIPO, Fiftieth Series of Meetings, 1-9 October 2012, Geneva, Switzerland
  • Advisory Committee on Enforcement Meeting- Modification of the date

3. CASE LAW

Summaries and case law provided by

Due to exceptional circumstances the case law will be published in the next Flash.

We apologise for the inconveniece.

DARTS - IP


4 ECTA NEWS
  • IP and Innovation Summit: A Framework for 21st Century Growth and Jobs of 10 September 2012 - Report
  • Preventing IPR infringements at EU borders - the role of EU customs legislation. Meeting with Mr Algirdas Šemeta, EU Commissioner, 27 September 2012
  • CF 1.1.4 Seniority Project Meeting, 17 October 2012
  • Intellectual Property Rights and Competition Policy, 18 October 2012
  • AIPPI 43rd World Intellectual Property Congress, 20-24 October 2012
  • APAA 60th & 61st Council Meeting & 16th General Assembly, 27-31 October 2012
  • OHIM, TM5 Meeting, 31 October 2012
  • OHIM 44th Meeting of the Administrative Board and 42nd Meeting of the Budget Committee, 13-15 November 2012

1 Law

1.1 Anti-counterfeiting

EU-China IP Dialogue on IPR and Meeting with China Trade Mark Association

On 7 September 2012 ECTA met with the high representatives of China Trade Mark Association. The meeting was an excellent opportunity to exchange suggestions, remarks and explain in details to the Chinese delegation how works the European Trade Mark system.

ECTA was represented by Marius Schneider, Chair of the ECTA Anti-Counterfeiting Commitee, Olivier Vrins, Council Member and Ewa Grabiak, ECTA Legal Coordinator.

The report and the pictures of the meeting may be found HERE

On 18 September the European delegation met the Chinese high representatives in the framework of the EU - China IP Dialogue on IPR. This meeting brought together the representatives on the political level. The European delegation was represented by DG TRADE, DG MARKT and OHIM (see under section OHIM).

Many important matters were discussed, for instance legislative developments in the field of trade mark protection and particular, likelihood of confusion, trade marks files in bad faith and IP enforcement.

On 19 September the meetings took place at the industry level. The European delegation was composed of the most important associations, active in the field of IPR protection. Each participating association had the opportunity to share its most important concernes directly with the Chinese delegation. ECTA was represented by Marius Schneider, Chair of ECTA Anti-Counterfeiting Committee, who made a presentation about the issues of IP Enforcement in China. ECTA’s presentation was prepared under the lead of Michele Ferrante, member of ECTA Anti-counterfeiting Commitee, IP expert living in China.

  • Power point presentation may be found HERE
  • Presentation may be found HERE
  • Report of the meeting may be found HERE

1.2 Trade Marks

Plain Packaging - Workshop "Packaging of unhealthy products" at the European Parliament

On 19 September, the EU Parliament Commitee on the Environment, Public Health and Food Safety (ENVI) organized a workshop on "Packaging of unhealthy products".
ECTA Legal Coordinator, Ewa Grabiak attended the workshop.

The first part of the workshop was dedicated to the use of packaging in marketing strategies and the psychological effect of health warnings labels. The second part of the workshop was dedicated to the misleading packaging and the legal framework of information on unhealthy products in Europe.

  • Agenda of the workshop may be found HERE
  • Report of the workshop may be found HERE

Moreover, in the matter of stardardized packaging, ECTA Secretary General, Dr Max Oker-Blom and ECTA Legal Coordinator prepared the article "Trade Marks- Governmental Regulatory Instruments?", which will be published in the next edition of Leaders League (exclusively in French).

The English version of the article is available HERE


1.3 Internet

"A clean and open Internet" - Public consultation on procedures for notifying and acting on illegal content hosted by online intermediaries

On 1 June 2012 the European Commission launched a consultation on Notice and Take-Down (Notice and Action) procedures.
The consultation entitled "A clean and open Internet: public consultation on procedures for notifying and acting on illegal content hosted by online intermediaries" was limited exclusively to Article 14 of Directive 2000/31/EC on e-commerce.

ECTA Internet and Law Committees drafted ECTA comments, which were submitted to the European Commission.

ECTA’s comments may be found HERE

On 13 September European Data Protection Supervisor (EDPS) published its opinion - EDPS formal comments on DG MARKT’s public consultation on procedures for
notifying and acting on illegal content hosted by online intermediaries

ICANN New gTLDs Proposed Public Comments

ICANN offered the possibility to submit comments on any application on the basis of one of the four available objection grounds (string confusion, legal rights, limited public interest, community) specified in the Applicant Guidebook by 26 September 2012. The comments are forwarded to the evaluation panels to review and consider as part of the application’s evaluations.

ECTA comments drafted by the Internet Committee may be found HERE


1.4 Geographical Indications

European Parliament legislative resolution of 13 September 2012 on the proposal for a regulation of the European Parliament and of the Council on agricultural product quality schemes

On 13 September 2012 the European Parliament adopted by 528 votes to 57, with 33 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on agricultural product quality schemes.

Parliament adopted its position on first reading following the ordinary legislative procedure. The agreement was the result of a compromise negotiated between Parliament and Council.

More information may be found HERE and HERE


2 Office Practice

2.1 OHIM

EU Observatory - Paul Maier appointed as President

OHIM President Antonio Campinos has announced that Paul Maier, currently President of the Boards of Appeal, will become Director of the OHIM Observatory. This follows the transfer of the Observatory by the Commission to OHIM in June.

  • President’s official decision may be found HERE
  • Official communication for stakeholders may be found HERE
  • Press release is available HERE

On 27 and 28 September will take place the EU Observatory Plenary Meeting.

Tha Agenda of the meeting may be found HERE

The Observatory draft work programme for 2013 may be found HERE

Cristina Bercial-Chaumier, Secretary of ECTA Law Committee, will attend on behalf of ECTA.

The Plenary Meeting will be an excellent opportunity to submit ECTA’s latest accomplished project - Survey on national authorities engaged in the fight against counterfeiting, prepared by ECTA Anti-counterfeiting Committee and sent to all most important European and National Institutions.

EU-China IP Dialogue on IPR

Officials from the International Cooperation and Legal Affairs Department (ICLAD) at OHIM participated in the latest round of EU-CHINA dialogue on IPR, held in Brussels on 18 September. On the agenda was a report on the results of the last meeting of the IP working group, which took place in Bejing on 14 September, as well as recent developments in trade mark legislation, patent and copyright protection. The Observatory was also discussed, along with future perspectives on IP enforcement. ICLAD officials took also part in a morning EU-China session with industry on 19 September, which included sessions on copyright, patents, trade marks (See under Section 1.1) and horizontal issues.

Revision of OHIM Manual regarding Article 7(1)(i) on the protection of emblems other than those in Article 6 ter of the Paris Convention and Articles 7(1)(j) and (k) of the CTM regulation regarding protection of geographical indications - ECTA Position Paper

During the last Liaison Meeting on Trade Marks (LM) the Office announced that it was revising its practice as regards two specific topics which were the subject of various presentations and workshops. The reference is made to the interpretation of Article 7(1)(i) regarding protection of emblems other than those in Article 6 ter of the Paris Convention and Articles 7(1)(j) and (k) regarding protection of geographical indications.

ECTA Harmonization and Geographical Indications Committees drafted ECTA comments which may be found HERE

2.2 WIPO

Assemblies of Member States of WIPO, Fiftieth Series of Meetings, 1-9 October 2012, Geneva, Switzerland

Alfred Strahlberg, member of ECTA Publications Commitee, will attend on behalf of ECTA.

  • General Information may be found HERE
  • Preliminary Draft Consolidated and Annotated Agenda is available HERE

Advisory Committee on Enforcement Meeting- Modification of the date

The dates of the eighth session of the Advisory Committee on Enforcement have been modified. The meeting will now be held in Geneva, at the headquarters of WIPO, from Wednesday 19 December (10 a.m.) to Thursday 20 December 2012.

The official WIPO communication may be found HERE


3 Case Law

Summaries and case law provided by Darts IP

Due to exceptional circumstances the case law will be published in the next Flash.

We apologise for the inconveniece.

DARTS - IP

4 ECTA News

IP and Innovation Summit of 10 September 2012: A Framework for 21st Century Growth and Jobs - Report

On 10 September the IP and Innovation Summit of 10 September 2012: A Framework for 21st Century Growth and Jobs took place in the presence of European Commission Vice-President Neelie Kroes. Ten leading European intellectual property thought leaders offered strategic advice on how to enhance the existing intellectual property regime for the digital age – and in turn boost innovation, encourage creativity and generate much-needed growth and jobs.

ECTA Legal Coordinator, Ewa Grabiak attended.

The report and pictures of the event may be found HERE

The official brochure is available HERE

The video of the event may be found HERE

Preventing IPR infringements at EU borders - the role of EU customs legislation. Meeting with Mr Algirdas Šemeta, EU Commissioner, 27 September 2012, Brussels

This meeting organized by British Chamber will bring together business leaders and high level EU policy and decision makers in a discussion with Mr Algirdas Šemeta - Commissioner for Taxation and Customs Union, Audit and Anti-Fraud. The session will be followed by a moderated Q&A session.

Ewa Grabiak, ECTA Legal Coordinator will attend the meeting.

CF 1.1.4 Seniority Project Meeting, 17 October 2012, Alicante

Andreas Renck, Chair of ECTA OHIM Link Commitee will attend on behalf of ECTA.

Intellectual Property Rights and Competition Policy, 18 October 2012, Brussels

The meeting will be dedicated to the way in which IPR should be treated in antitrust policy and compare how it is actually being treated in the US and the EU.

More information may be found HERE

Ewa Grabiak, ECTA Legal Coordinator will attend the meeting.

AIPPI 43rd World Intellectual Property Congress, 20-24 October, Seoul

ECTA President, Domenico de Simone will attend the Congress.

More information about the event may be found HERE

APAA 60th & 61st Council Meeting & 16th General Assembly, 27-31 October, Chiang Mai, Thailand

Fabio Angelini, Chair of ECTA Law Commitee, will attend the meeting.

More information about the event may be found HERE

OHIM, TM5 Meeting, 31 October 2012, Barcelona

TM 5 Annual Meeting will take place on 30-31 October in Barcelona.

ECTA will be represented by Mireia Curell, ECTA Past President and current Council Member.

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

ECTA Legal Coordinator Ewa Grabiak will attend.

The working documents will be soon available at ECTA website.


Anti-counterfeiting, Geographical Indications, Internet, Trade Mark