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CLASS 99


The blog for design law, in Europe and worldwide. This weblog is written by a team of design experts and fans. To contribute, or join us, or for any other reason, email class99@marques.org.

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Who we all are...
Blog Administrator
David Musker
Henning Hartwig
Hidde Koenraad
Krystian Maciaszek
Peter Gustav Olson
MONDAY, 26 SEPTEMBER 2022
Copyright Directive now implemented in most countries - MARQUES Copyright Tracker

Most EU member states missed the Copyright Directive implementation deadline, but more than one year after the Directive was due for implementation, a majority of member states have adopted it and all of the remaining member states have made progress.

The European Copyright Directive (Directive EU 2019/790 on copyright and related rights in the Digital Single Market) was highly discussed from the beginning. Even before the final text was adopted, at the Paris Meeting in September 2018 Franz Gernhardt and Christian Schumacher from the MARQUES Copyright Team informed the audience what to expect on two important aspects:

One is the liability of internet service providers regulated in Article 17 of the Directive, which calls for member states to ensure that online-content sharing service providers are able to review of the content that users wish to upload to their platforms, provided that those service providers have obtained the respective authorisation from rightsholders. The other is the provisions regulating fair remuneration in contracts of authors and performers, such as providing for additional remuneration in case a work turns out to be a specific economic success.

Also because of the peculiarities of these provisions, covering very different practical situations where different circumstances should be considered, in many EU member states the implementation process lead to extensive discussions. It was therefore not surprising that EU member states struggled to meet the implementation deadline of 7 June 2021. But nevertheless the situation was exceptional when in June 2021 only a small number of member states had complied with implementation. Slowly, further member states followed and only now one can state that most member states have implemented or the process of implementation is very advanced.

The MARQUES Copyright Team has been monitoring implementation and providing the public with the MARQUES Copyright Tracker, showing the implementation status. This Tracker was updated in time for the MARQUES Annual Conference last week.

The Copyright Team, with Franz Gernhardt and Christian Schumacher responsible for the Copyright Tracker, thanks all those who have contributed information.

Posted by: Blog Administrator @ 14.52
Tags: Copyright, Directive, ,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA959

WEDNESDAY, 14 SEPTEMBER 2022
Translation tips for DesignClass

The latest issue of the Alicante News newsletter includes an article on how to use the ‘Translate term’ option in DesignClass (see page 10 here).

Tips include selecting the language you want to work in from the 30 languages available, and clicking on the ‘Translate term’ tab to choose the languages to translate from and into.

It is not mandatory to include the Locarno class number, but if you know it then you can select it to narrow down the results.

Results an be saved, exported or used directly when applying to register a RCD.

EUIPO has posted an interactive tutorial with more information on entering words and phrases, finding terms and translating them. You can see it here: click on one of the three boxes to start the tutorial.

Posted by: Blog Administrator @ 09.43
Tags: DesignClass, EUIPO, Locarno,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA958

MONDAY, 5 SEPTEMBER 2022
EUIPO Academy webinars, September 2022

The regular Tuesday webinars hosted on the EUIPO Academy Learning Portal recommence this month.

Anyone can join the webinars live via the Portal, and they are also archived.

This month’s webinars are:

  • How to use DesignClass: a key advantage when applying for design protection (6 September, intermediate)
  • Trade marks and designs in the metaverse: legal aspects/EUIPO practice (13 September, intermediate)
  • Disclosure of earlier designs in RCD invalidity proceedings (Article 7 CDR) (20 September, intermediate)
  • Conveying meaning – options and limits for protecting new forms of marks in collaboration with the Max Planck Institute (27 September, intermediate)

All these webinars start at 10.00 am Alicante time and are held in English. They last one hour each.

Posted by: Blog Administrator @ 10.47
Tags: EUIPO, Academy, webinar, DesignClass,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA957

FRIDAY, 19 AUGUST 2022
Find out more about the e-Hague digital gateway

Class 99 readers who manage international design applications and registrations may know about WIPO’s eHague digital gateway for international design protection.

One of the features of eHague enables you to view and download selected documents related to applications and self-services such as management of representatives.

This means you do can simply log in to eHague, rather than having to look through old messages or check deadlines.

Documents that can be downloaded include acknowledgements of receipt for applications and self-service requests, observations, irregularity notifications and certificates of registration.

To help find the documents you are looking for, transactions in the workbench can be filtered by request type, processing status, date of submission or reference number.

More information on this feature is on WIPO’s website.

During the 36th MARQUES Annual Conference next month, there will be a workshop on “International Design filings done right” featuring Marie Paule Rizo, Head, Policy and Legislative Advice Section, Department for Trademarks, Industrial Designs and Geographical Indications and Jonah Asher, Coordinator, Hague Infoline Unit, Hague Development and Promotion Section, WIPO. They will discuss topics including current and planned features of eHague.

If you are attending the Annual Conference and work on designs, do consider signing up for this workshop, which will be run twice on the afternoon of Thursday 22 September.

Posted by: Blog Administrator @ 09.51
Tags: eHague, WIPO, Annual Conference,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA956

FRIDAY, 22 JULY 2022
Green light for Design Law Treaty

WIPO member states approved the convening of a diplomatic conference for an agreement on the protection of designs to ease cross border trade.

During its annual meeting in Geneva this week, the WIPO General Assembly decided to move to a diplomatic conference no later than 2024.

“Today is a triumph of multilateralism, of us as a General Assembly, moving together as a community to make a difference for people everywhere,” said WIPO Director General Daren Tang. “Of course there are disagreements, there will be divergences - this is just the beginning of a whole new set of conversations. But this is an important step and on behalf of me and my colleagues in the Secretariat, I pledge our full support for you on this journey.”

Design Law Treaty

WIPO has provided the following details about the proposed Design Law Treaty:

The proposed Design Law Treaty (DLT) aims to help designers obtain easier, faster and cheaper protection for their designs – both in home markets and abroad.

The proposed Treaty would streamline the global system for protecting designs, which are an integral part of many brands, by eliminating red tape and accelerating protection procedures. If approved, these changes would benefit the community of designers, with particular impact for smaller-scale designers with less access to legal support for registering their designs. In particular, the DLT would make it significantly easier for SMEs in low and medium income countries to obtain design protection overseas.

The design industry is responsible for about 18% of employment and 13% of GDP in Europe, where data is available. Given the design activity as expressed in domestic design applications filed, this points to an important potential in many developing economies. The benefits of a vibrant design sector go far wider than GDP. Design can support efforts in education and sustainability, and can support community building.

Work on the simplification of procedures for the protection of industrial designs was initially started in the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) in 2006 and gradually matured into a set of draft Articles and draft Regulations for a Treaty. Similar treaties already exist in the area of Patents (Patent Law Treaty of 2000) and Trademarks (Trademark Law Treaty of 1994 and Singapore Treaty on the Law of Trademarks of 2006).

The member states also approved the convening of a diplomatic conference on a proposed agreement on IP, genetic resources and traditional knowledge associated with genetic resources.

Read more on WIPO’s website here.

Posted by: Blog Administrator @ 18.26
Tags: Design Law Treaty, WIPO,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA955

MONDAY, 18 JULY 2022
UK government publishes designs response

The response to the call for views on reviewing the designs framework in the UK was published on 12 July. The government received 57 responses, including one from MARQUES.

The call for views sought feedback from stakeholders on issues including novelty searching for registered designs, enforcement, and disclosure of supplementary unregistered designs.

In its response, the government summarised respondents’ views and identified issues for further consideration. In particular:

  • The government is considering joining the WIPO DAS system for designs as part of the IPO digital transformation programme.
  • It will look at ways to simplify the designs regime, in particular for unregistered designs; consider the relationship between design and copyright law; and improve guidance for designers.
  • It will seek additional views and evidence on disclosure requirements for supplementary unregistered designs.
  • The deferment provision will be considered, and views sought by consultation.
  • The government will consider whether it can introduce measures to make enforcement easier, and seek further evidence on criminal sanctions.

Full details, as well as all the responses received (including that from MARQUES), can be viewed and downloaded on the UK IPO website here.

The MARQUES Designs Team continues to monitor this topic and will provide further responses as required. If you would like to know more, please contact a member of the Designs Team.

Posted by: Blog Administrator @ 11.33
Tags: UK, UK IPO, WIPO DAS,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA954

MONDAY, 11 JULY 2022
Consultation on revised framework for compulsory licensing

Class 99 readers may be interested in the European Commission public consultation on the revised framework for the compulsory licensing of patents.

The consultation runs from 7 July to 29 September 2022 and more information is available on the EC website here. You can also sign up to receive updates by email.

The Commission states:

EU countries currently regulate and implement the framework for compulsory licensing of patents in the EU using different, fragmented procedures. This means it is not efficient enough to tackle EU-wide crises.

Also, the efficiency of the current EU procedure on compulsory licensing of patents for export to countries with public health problems (Regulation 816/2006) should be examined.

This initiative aims to revise the framework so it is adequately prepared & coordinated to tackle future crises.

The call for evidence closed on 29 April and feedback was received from 57 organisations. These are published on the website.

In the public consultation, views will be taken into account as the initiative is developed and fine-tuned. The Commission will summarise the input received in a synopsis report. Adoption is expected in the first quarter of 2023.

Posted by: Blog Administrator @ 15.52
Tags: patent, licensing, European Commission,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA953

MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


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