Issue 145

	January 2023 Contents:
	Registration open for Spring Team Meeting	>
	From the Observatory: latest reports	>
	Input into EU Design Review	>
	EUIPO launches SME Fund 2023	>
	WIPO Global Awards	>
	Recent rulings from the CJEU and General Court	>
	Draft revision to China Trademark Law	>
	Combating online piracy of live content	>
	MARQUES Media Roundup	>

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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Registration open for Spring Team Meeting
MARQUES Council and Team members can now book their places at the Spring Team Meeting, which takes place at the Hilton Hotel, Frankfurt on Thursday 2 and Friday 3 March
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From the Observatory: latest reports
In their regular update for HouseMARQUES, the MARQUES Anti-Counterfeiting and Parallel Trade Team summarise the most recent reports published and the Watch List 2022
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Input into EU Design Review
MARQUES has been involved in the debate on the reform of the European Union Design legislation since its inception, following the publication of the Legal Review on Industrial Designs Protection in Europe in 2016
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EUIPO launches SME Fund 2023
The Ideas Powered SME Fund 2023 was opened on 23 January and will run until 15 December 2023
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WIPO Global Awards
Representatives of SMEs can now apply for the WIPO 2023 Global Awards
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Recent rulings from the CJEU and General Court
*HouseMARQUES summarises recent trade mark cases at Europe’s top courts, including the CJEU judgment in the Louboutin v Amazon* cases concerning liability of online platforms**
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Draft revision to China Trademark Law
On 13 January this year, the China National Intellectual Property Administration (CNIPA) issued a notification on soliciting public opinions regarding the draft revision to the China Trademark Law
The draft is published on CNIPA’s website (in Chinese) to solicit public opinions until 27 February 2023. This will be the fifth revision of the China Trademark Law since 1983. The proposed draft is a comprehensive revision, and the total number of provisions in the Law has increased from 73 articles to 101 articles. However, there will still be a series of long procedures to go through before the draft becomes legislation. The current version is published for public opinions and further improvements and amendments will be made. The revision aims to improve trade mark protection. Efforts have been made to reshape the law to shift from the current registration-based system to be more use-focused. Under the draft revision, a statement of trade mark use will be required, and repeat trade mark registration will be forbidden, except in certain circumstances. Stronger protection will be given to well-known trade marks, either registered or unregistered in China. Bad faith trade mark filings are strictly forbidden and compulsory transfer to the legitimate trade mark holder will be possible. In addition, the draft revision aims to improve the efficiency of trade mark examination, by shortening the opposition procedure. The changes to substantive examination and procedural changes are summarised in two blog posts on Class 46, written by Ling Zhao, Shufang Zhang, Xiaoping Wei, Qin Li and Lei Fu.
Combating online piracy of live content		MARQUES Media Roundup
The European Commission is conducting a call for evidence on the piracy of live content, such as sports events		It has been a busy month on the MARQUES blogs, with reports from MARQUES members on various legislative developments and judgments
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