Issue 143
  November 2022
Contents:
 

Lewis Gaze Memorial Scholarship 2022

>  
 

Annual Conference Resource Pack

>  
 

Court backs TM owner over 3D shape mark

>  
 

CJEU rules in exhaustion cases

>  
 

Latest EU General Court trade mark judgments

>  
 

TM5 and ID5 meet in Brussels

>  
 

Recent news from EUIPO

>  
 

WIPO publications and treaties

>  
 

DSA becomes reality

>  
 

MARQUES events

>  
 

MARQUES Media Roundup

>  
 

RIP Dr Björn Bahlmann

>  
 
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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Lewis Gaze Memorial Scholarship 2022

You can now download the paper that won this year’s Lewis Gaze Memorial Award from the MARQUES website

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Annual Conference Resource Pack

Annual Conference delegates can still download the Resource Pack, which includes photos, presentations and videos of the Conference sessions, from the MARQUES website

Read More >>
Court backs TM owner over 3D shape mark

The EU General Court has overturned a decision of the EUIPO Board of Appeal in a case concerning the revocation of a 3D trade mark in the shape of a baby's bottle. The MARQUES Amicus Curiae Team prepared a submission in support of the trade mark owner’s position, which was included as an annex

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CJEU rules in exhaustion cases

On 17 November the EU Court of Justice handed down judgments in five cases concerning the interpretation of legislation including the Trade Mark Directive and Enforcement Directive

Read More >>
Latest EU General Court trade mark judgments

HouseMARQUES summarises some recent General Court decisions concerning genuine use, absolute grounds for refusal and likelihood of confusion

Read More >>
TM5 and ID5 meet in Brussels

EUIPO hosted the annual meetings of the five biggest trade mark and design offices at the end of October

Read More >>
Recent news from EUIPO   WIPO publications and treaties

Developments at EUIPO include new offices joining the IP Register in Blockchain, MBBC meetings and further extension of time limits for parties in Ukraine

 

WIPO has published the World Intellectual Property Indicators (WIPI) report, as well as a traditional knowledge language pack and Green Technology Book. Plus: Paraguay has joined two IP treaties

Read More >>   Read More >>
DSA becomes reality

Gabriele Engels, Co-Vice-Chair of the MARQUES Cyberspace Team, provides an update on the EU Digital Services Act


With the Committee of Permanent Representatives’ (COREPER) formal approval in September 2022, the Digital Services Act (DSA) (COM/2020/825 final) took another giant step to becoming law. The DSA seeks to supplement the regulations of the E-Commerce Directive (Directive 2000/31/EC), which at over 20 years of age is no longer equipped to tackle the challenges of the contemporary digital landscape.

The DSA aims to ensure a safer online environment, predominantly by introducing new obligations for intermediaries to expeditiously remove harmful and illegal content, goods and services. The range of targeted content is extensive, with everything from hate speech over incitement to terrorism to copyright infringements falling within the scope of the regulation. The range of targeted parties is just as broad, with all online intermediaries targeting EU consumers falling into the scope of the regulation.

The importance placed on these new rules by the EU is evidenced by the consequences imposed on non-compliance. Intermediaries face fines of up to 6% of the companies’ global annual revenue, thereby exceeding even the maximum amount imposed by the GDPR.

Read Gabriele’s full article on the MARQUES Class 46 blog here (published on 29 October)

MARQUES events   MARQUES Media Roundup

Booking will soon be open for the MARQUES Spring Meeting, which takes place in Frankfurt, Germany from 2 to 3 March

 

Keep up to date with all the latest IP news and analysis on the MARQUES blogs and social media!

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RIP Dr Björn Bahlmann

MARQUES was very sorry to hear of the sudden and unexpected death of Björn Bahlmann on 4 November

Read More >>

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