Issue 118
  October 2020
Contents:
 

MARQUES Corporate Meetings in 2021

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Madrid Working Group meeting

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UKIPO updates Brexit guidance

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Survey on counterfeit labels and packaging materials

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Report on IP right bundles

>  
 

User Group Meeting at EUIPO

>  
 

WIPO publishes Creative Economy Notes

>  
 

Consultation on protection and enforcement of IP rights

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CJEU case update

>  
 

Madrid Protocol tips in Canada

>  
 

Coming soon from MARQUES

>  
 

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 Corporate Meetings in 2021

MARQUES is planning to host four dedicated sessions for corporate members next year. These are by invitation only, and full details will be sent out to corporate members soon.

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Madrid Working Group meeting

The MARQUES International Trademark Law and Practice Team, represented by Tove Graulund, Gavin Stenton and Jessica Le Gros, participated in the (postponed) Madrid Working Group meeting in October

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Brexit guidance updated

Roland Mallinson, Chair of the MARQUES Brexit Task Force, has a round up of the latest UK and EUIPO publications relating to the impact of Brexit on trade marks and designs.

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Observatory publishes survey and discussion paper

The EUIPO Observatory, in collaboration with the Council of the European Union's Customs Cooperation Working Party and Europol, has conducted a survey on cases of counterfeit labels and packaging materials. The Observatory has also published a discussion paper on IP infringement and enforcement


The survey aimed to gain wider knowledge about one of the emerging trends in IP infringements, which frequently links with locally organised illegal activities.

The results of the survey have been published in a "Survey on Counterfeit Labels and Packaging Materials - Analysis and Results", which provides information on affected products, key detention places and routes, Customs procedures and modus operandi of this new trend that is currently affecting all product sectors.

Survey conclusions

The survey concludes that counterfeit labels and packaging are a serious problem facing the EU, in line with the statistics of seizures at the EU's external border. It highlights the existence of domestic activities within the EU in a structured supply chain, where counterfeit labels are attached to fake products that are either imported into or produced within the EU. There are also cases of counterfeit labels being shipped together with unbranded products in the same shipment. Among the other conclusions are:

  • Almost all commodity sectors are affected by this modus operandi, with textile and footwear among the items detained most often.
  • As regards types of packaging, labels are the most counterfeited, as they are the first and most immediate means of product identification.
  • China and Hong Kong were reported by respondents as the most important countries of origin, with different entry points into the EU.
  • Most cases are reported as border seizures, but this is partially due to most respondents being customs authorities.
  • Rights holders report a higher number of cases internally. This might be the result of effective brand protection and corporate investigations in the markets.
  • Although the survey does not provide sufficient data for a proper assessment of the number of items detained per mode of transport, fake packaging material is frequently shipped via postal services and express couriers. Huge numbers of small consignments make it hard for the LEAs to implement effective countermeasures.
  • Local activities are identified when investigations are carried out to follow up on a detention.
  • With storage and product manufacture as the most commonly identified local activities, cases reported by both LEAs and rights holders provide indications of assembling and distributing within the EU. This illustrates, yet again, the organised nature of the criminals active in IP crime.here.

Observatory discussion paper

The Observatory has also published a discussion paper on IP infringement and enforcement, which can be downloaded here.

One task of the European Observatory is the development of tools and the promotion of best practices to enhance the protection of intellectual property rights. In 2019, an Impact of Technology Expert Group was established, not only to support the work of the Observatory on emerging and breakthrough technologies, but also to identify new technologies that have the potential to have an impact on the protection, infringement and enforcement of intellectual property.

This "IP Infringement and Enforcement Tech Watch" has resulted in the identification and analysis of six technologies (robotics, 3D printing, nanotechnology, artificial intelligence, augmented reality, blockchain) that have proven to be observable.

The results can be found in the first "Intellectual Property Infringement and Enforcement Tech Watch Discussion Paper" published by the EUIPO. The ACPT recommends reading this interesting paper.

Report on IP right bundles

The European Observatory on Infringements of Intellectual Property Rights has published a new study on firms' simultaneous use of patents, trade marks and registered designs to protect their innovation.

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User Group Meeting at EUIPO   WIPO publishes Creative Economy Notes

MARQUES took part in the 29th User Group Meeting hosted by EUIPO in two sessions on 14 and 28 October

 

Batman, Dracula and Spiderman are the top three most-used franchise characters from movies and video games in the world's biggest media market over the past four decades, according to the first instalment of a new series of "Creative Economy Notes"

Read More >>   Read More >>
Consultation on protection and enforcement of IP rights

The MARQUES Anti-Counterfeiting and Parallel Trade Team reports on the latest survey on IPR protection and enforcement in third countries launched by the European Commission

Read More >>
CJEU case update

The Court of Justice of the EU has given judgments in three cases concerning colour combinations, whether the sale of spare parts and services constitutes genuine use of a mark, and the application to register the MESSI trade mark

Read More >>
Madrid Protocol tips in Canada

Shannon Young and Sanjukta Tole discuss developments regarding the Madrid Protocol in a new post for the Class 46 blog

Read More >>
Coming soon from MARQUES   MARQUES Media Roundup

MARUES is planning to launch new educational and networking resources for members in the next few months

 

Do you read the MARQUES blogs? Would you like to contribute to them to share news about trade mark and design developments with other MARQUES members?

Read More >>   Read More >>

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