Issue 114
  June 2020
Contents:
 

MARQUES Month details confirmed

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Virtual Round Table: Brands in a Time of Crisis

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MARQUES Brands, LGBT and Gender Survey

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Warning over scam WIPO invoice

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Latest information on Brexit

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Recent CJEU and General Court decisions

>  
 

Observatory publishes anti-counterfeiting reports

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News from EUIPO

>  
 

International design developments

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Thank you for your Coffee Break submissions!

>  
 

Forthcoming events

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MARQUES Media Roundup

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Disclaimer:
The views expressed by contributors to this newsletter are their own and do not necessarily reflect the policy and/or opinions of MARQUES and/or its membership.  Information is published only as a guide and not as a comprehensive authority on any of the subjects covered.  While every effort has been made to ensure the information given is accurate and not misleading neither MARQUES nor the contributors can accept any responsibility for any loss or liability perceived to have arisen from the use or application of any such information or for errors and omissions.  Readers are strongly advised to follow up articles of interest with quoted sources and specialist advisors.
 

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MARQUES Month details confirmed

MARQUES will host a series of online educational and networking events during September 2020, which will be available to members and non-members

Read More >>
Virtual Round Table: Brands in a Time of Crisis

MARQUES held a virtual round table on 25 June looking at how brands respond to crises/social actions such as the COVID-19 pandemic and the Black Lives Matter movement

Read More >>
MARQUES Brands, LGBT and Gender Survey   Warning over scam WIPO invoice

The MARQUES IP Emerging Issues Team invite you to undertake a short survey entitled 'Brands, LGBT and Gender'

 

A particularly egregious example of a scam invoice has been received by a MARQUES member

Read More >>   Read More >>
Latest information on Brexit

Roland Mallinson of the MARQUES Brexit Task Force provides an update on the latest developments


The European Commission and EUIPO have published a revised notice to stakeholders on the withdrawal of the United Kingdom and EU rules in the field of EU trade marks and Community designs. It is available on the European Commission website here (PDF).

The notice largely reflects the content of the Withdrawal Agreement as previously reported by MARQUES.

The UK and EU continue to negotiate an agreement on a new partnership, which is set to enter into force after the transition period ends on 31 December 2020. The UK government has ruled out extending the transition period beyond that date.

The EUIPO’s paper is not and does not seek to be comprehensive. It omits, for example, the declaration made in the EUIPO’s FAQ of January 2018 that a UK prior right will be ignored in EUIPO opposition and cancellation decisions rendered after the transition period ends, even if that UK right was valid and enforceable against the later EU application when it was applied for.

As MARQUES has pointed out before, the legality of that approach is something the CJEU may be called upon to decide in due course.

IRs designating the EU

Readers may also like to know that the UKIPO has confirmed that International Registrations designating the EU will, if registered at the end of the transition period, only be split out to create a new national UK right.

That right will not be part of the IR bundle. This expands on point 2 of the EUIPO’s paper.

If the address for service for the IR is outside the EEA, that new right will need an address for service within the EEA to be given.

MARQUES is in discussions with the UK government to encourage it to continue its own work and to liaise with WIPO to allow the re-registration of these rights into the IR in the future.

Find all the MARQUES Brexit resources on the Brexit Task Force page.

Recent CJEU and General Court decisions

There have been a lot of judgments concerning trade marks, copyright and designs this month

Read More >>
Observatory publishes anti-counterfeiting reports

The Observatory of the European Union has published two reports as part of a pan-European media campaign to fight counterfeiting and piracy

Read More >>
News from EUIPO   International design developments

The latest information from EUIPO includes the recent User Group meeting, draft Guidelines (2020 edition), Board of Appeal hearings and cooperation with EURid

 

Mexico has joined the Hague System, and Israel has joined the WIPO DAS for designs

Read More >>   Read More >>
Thank you for your Coffee Break submissions!

MARQUES wants to thank all the members who sent in news, tips and photos for the MARQUES Virtual Coffee Break initiative during the past three months

Read More >>
Forthcoming events   MARQUES Media Roundup

The Second Session of WIPO’s Conversation on IP and AI will take place as a virtual meeting from 7 to 9 July

 

Keep up to date with the latest trade mark and design news, book reviews, event coverage and MARQUES announcements on the Class 46 and Class 99 blogs

Read More >>   Read More >>

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