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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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Blog Administrator
David Musker
Henning Hartwig
Hidde Koenraad
Krystian Maciaszek
Peter Gustav Olson
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

TUESDAY, 21 JUNE 2022
Sustainable innovation recognised at European Inventor Award

The winners of the 16th European Inventor Award were announced today (21 June) in a hybrid ceremony.

Many of this year’s winners and finalists were notable for their contribution to sustainable development in areas such as biochemistry, energy storage and waste management:

  • Estonian scientists Jaan Leis, Mati Arulepp and Anti Perkson won in the “Industry” category for their invention of superior carbon-based materials for ultracapacitors, which provide quick-charging, long-lasting energy sources for industry and electric cars.
  • Claude Grison of France won in the “Research” category for a method of using plants to extract metal elements from polluted soil around mining sites to use as ecocatalysts.
  • Canadian/US chemist Donald Sadoway was recognised in the “Non-EPO countries” category for developing a liquid metal battery to store solar and wind energy: the liquid batteries retain 99% of their original capacity over 5,000 charging cycles to provide a cost-effective long-term storage solution.
  • Swiss biotechnologist Madiha Derouazi, French immunologist Elodie Belnoue and their team won the “SME” category for pioneering a new medical platform to make therapeutic cancer vaccines.
  • The new Young Inventors prize was shared by (1) Victor Dewulf and Peter Hedley (Belgium/UK) for their AI-driven waste management system and (2) Erin Smith (US) for an AI-powered app that uses video footage to enable early detection of Parkinson’s disease. Both winners were awarded a cash prize of €20,000.
  • Hungarian-American biochemist Katalin Karikó was presented with the lifetime achievement award for her work on modifying mRNA for use in the human body, leading to its use in vaccines for COVID-19 and other diseases.
  • The popular prize, voted for online by the public, was won by Elena García Armada of Spain. She invented the first adaptable exoskeleton for children who use wheelchairs. More than 23,000 votes were cast for the prize.

Next year’s event will be held in Valencia and nominations are now open.

More information, including a recording of the ceremony, is available on the EPO’s dedicated website.

Posted by: Blog Administrator @ 16.57
Tags: EIA, EPO, Katalin Karikó ,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA952

FRIDAY, 10 JUNE 2022
WIPO webinar on 15 June

Class 99 readers might be interested in the WIPO webinar on “How to Avoid – and Reply to – Common Irregularities” taking place at 10.00 am European time on 15 June 2022.

WIPO says:

This webinar is designed to help users of the Hague System to successfully file error-free applications in order to speed up the international filing process.

We will share with you some of the common irregularities that arise when filing international design applications, and tips on how to avoid them.

We will also guide you through the different ways to reply to irregularities.

Find out more and register on WIPO’s website here.

This is part of WIPO’s series of webinars on the Hague System. You can read more about the webinars in the series here.

Posted by: Blog Administrator @ 18.02
Tags: WIPO, Hague System, webinar, Irregularities,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA951

MONDAY, 6 JUNE 2022
AI and copyright: last chance to register!

The MARQUES webinar on artificial intelligence and copyright issues will take place this Friday 10 June from 15.00 to 16.30 CET.

There are still places available and you can register here.

Registration is €100 (MARQUES members) or €135 (non-members). Participants can receive a certificate of attendance after the event.

The webinar will provide an overview of how AI is regulated in Europe, citing relevant case law in the copyright field, and will provide an overview of legislative initiatives.

The speakers will also discuss how these issues are dealt with in the United States and discuss whether the work-made-for-hire doctrine is a possible solution for AI-created works. They will address the need for a new legislative framework for works created by robots.

The webinar will conclude with an interactive discussion on whether copyright should protect AIs as authors.

Sign up now to join this highly topical and relevant webinar!

Posted by: Blog Administrator @ 14.16
Tags: AI, copyright, webinar,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA950

MONDAY, 9 MAY 2022
AI and copyright webinar – new date!

The next MARQUES webinar will explore artificial intelligence and copyright issues. It will now take place on Friday 10 June from 15.00 to 16.30 CET.

The webinar will provide an overview of how AI is regulated in Europe, citing relevant case law in the copyright field, and will provide an overview of legislative initiatives.

The speakers will also discuss how these issues are dealt with in the United States and discuss whether the work-made-for-hire doctrine is a possible solution for AI-created works. They will address the need for a new legislative framework for works created by robots.

The webinar will conclude with an interactive discussion on whether copyright should protect AIs as authors.

Registration is €100 (MARQUES members) or €135 (non-members). Participants can receive a certificate of attendance after the event. Find out more and register here.

The webinar is organised by the MARQUES Copyright Team and the speakers are:

  • Sara Söderling, AWA Sweden AB
  • Slobodan Petosevic, Petosevic Doo
  • Liza Erazo, Erazo Munoz & Co
  • Caroline Perriard, BrandIT
Posted by: Blog Administrator @ 17.31
Tags: copyright, AI, cyberspace,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA949

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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