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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
FRIDAY, 18 OCTOBER 2013
PCC becomes IPEC as a Community trade mark court is rebranded
It may not be the most exciting case in the world, or the most significant for trade mark owners and their professional representatives, but Bocacina Ltd v (Boca Cafes Ltd [2013] EWHC 3090 (IPEC), decided by Daniel Alexander QC (right) on 14 October 2013, is a little bit of history.  It's the first case to be decided by what used to be called the Patents County Court for England and Wales, in its new guise as the Intellectual Property Enterprise Court -- the IPEC, for short.  This court is a Community Trade Mark Court, though the new name does not yet appear on the OHIM official list of Community Trade Mark Courts, here.

The judge was described on the official transcript of the judgment as an "Enterprise Judge".  This is taken to be a subliminal reminder to court and litigants alike that the objective of the IPEC is not merely to dispense justice according to the law but also to reach decisions that make practical sense in an enterprise culture, such as that of the European Single Market.

This blogger wonders how important the name of a court is, and what sort of message it sends out to the litigants.  for example, does the Danish Maritime and Commercial Court conjure up exotic images of sailing ships and quinqueremes laden with eastern spices -- or is it a court where the parties and the witnesses are all at sea, amid a pile of papers? Who cannot fail to be impressed by Latvia's grand-sounding Augstākās tiesas Civillietu tiesu palāta? And are not the names of some of Germany's numerous Community trade mark courts somehow redolent of geographical indications for regional sausages? A final thought: as an aid to litigants and a small step towards European integration, would it not be a good idea to standardise the appellations of trial courts and first- and second-tier appellate tribunals? Now, there's a thought!

You can read the Enterprise Judge's decision in full here.
Posted by: Blog Administrator @ 08.58
Tags: IPEC, court names,
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