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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
THURSDAY, 6 FEBRUARY 2020
One week until Mastering the Hague Agreement in Rotterdam

The next MARQUES event, a workshop on the Hague Agreement, takes place next Thursday 13 February in Rotterdam – and there are still a few places available.

The workshop will start at 15.30 and conclude with drinks at 18.15. It will be of interest to all international design law practitioners, and will also cover recent case law such as the Luidspreker and Hauck/Stokke judgments, and the Cofemel case.

It will be introduced by Willem Leppink, Partner of Ploum and a member of the MARQUES Council. The first part will look at the experiences gained after the accession of South Korea, Japan and the USA and will be presented by Päivi Lähdesmäki, Senior Advisor, The Hague Registry, WIPO, Switzerland.

The second part is titled “Great design is simple, that’s why it’s so complicated” and will be presented by Ellen Gevers, Partner, Knijff Trademark Attorneys.

The workshop is in English. Find out more and reserve your place here.

Posted by: Blog Administrator @ 15.05
Tags: WIPO, Hague System, Rotterdam,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA887

TUESDAY, 21 JANUARY 2020
Mastering the Hague Agreement in Rotterdam

The popular MARQUES workshop on Mastering the Hague Agreement is coming to Rotterdam on Thursday 13 February 2020.

The workshop will be held at the offices of Ploum Law Firm and will start at 15.30.

It will be introduced by Willem Leppink, Partner of Ploum and a member of the MARQUES Council. The first part will look at the experiences gained after the accession of South Korea, Japan and the USA and will be presented by Päivi Lähdesmäki, Senior Advisor, The Hague Registry, WIPO, Switzerland.

The second part is titled “Great design is simple, that’s why it’s so complicated” and will be presented by Ellen Gevers, Partner, Knijff Trademark Attorneys.

There will be questions after each part and the workshop will conclude with a drinks reception at 18.15.

The workshop will be conducted in English. You can view the programme in full on the MARQUES website.

The cost of the workshop is €100 (MARQUES members) or €125 (non-members). To reserve your place, register online now!

Mastering the Hague Agreement has previously been held in cities including Milan, London, Copenhagen, Munich and Paris. You can find reports of these workshops on the Class 99 blog.

Photo of Rotterdam by Mlefter (CC licence)

Posted by: Blog Administrator @ 09.48
Tags: Hague Agreement, WIPO, Rotterdam,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA886

WEDNESDAY, 15 JANUARY 2020
International Bureau and JPO join WIPO DAS for designs

WIPO has published Information Notice 1/2020 stating that both the WIPO International Bureau and the Japan Patent Office are joining the WIPO Digital Access Service (DAS) for industrial design applications.

The DAS is an electronic system allowing priority documents to be securely exchanged between participating IP offices.

The JPO has become both a depositing Office and an accessing Office in respect of industrial design applications with effect from 1 January 2020. This means Hague applicants have an alternative to filing the original priority document through a local representative.

The International Bureau will be a depositing Office from 15 January 2020. Where an applicant or holder requests a certified copy of a priority document, the IB will also provide a DAS access code which can be relied on to claim priority in further filings.

Other offices that have previously made announcements regarding DAS and design documents include IP Australia, the USPTO and KIPO.

For more information see the DAS page on the WIPO website.

Posted by: Blog Administrator @ 15.06
Tags: WIPO, Hague, JPO, DAS,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA885

MONDAY, 6 JANUARY 2020
France’s latest attempt to introduce a repair clause aborted at advanced stage

Frédéric Glaize of the MARQUES Designs Team provides an update on the latest controversy regarding the repair clause for certain car parts in France.

A law on “orientation of mobility” (dubbed “LOM” for Loi d’Orientation des Mobilités”), which was adopted by the French parliament in November 2019, contained an article introducing the notion of repair clause for certain car parts in the French IP Code. This clause appeared in article 110 of the LOM law – a totally involuntary echo to the numbering of Regulation 6/2002.

This repair clause provided an exception to the rights attached to a French design registration, in relation to “acts intended to restore their initial appearance to a motor vehicle or a trailer […] and which: (A) relate to parts relating to the glazing, optics and mirrors, (B) or are made by the supplier who manufactured the original part.”

For designs relating to parts of a motor vehicle or a trailer which would not fall under one of the aforementioned A or B categories, article 110 reduced the validity of their registrations from 25 years to 10 years.

In a decision issued on December 20, 2019, the French Constitutional Council (Conseil Constitutionnel) blocked article 110 (and some other unrelated provisions) of the LOM law. During the parliamentary debates, the repair clause had been introduced through a legislative amendment. The Council deemed that this amendment was a rider (un “cavalier législatif”), i.e. it was not related to any other part of the law it was introduced in.

For this reason article 110 is one of the articles considered to have been adopted in an unconstitutional manner and therefore is unconstitutional.

Article 110 of the LOM law was the latest and most advanced of many attempts to introduce a repair clause in French design law. The possibility of introducing a repair clause was raised and each time rejected during discussions on various projects or legislative proposals in 2008, in 2011, and twice in 2014.

Frédéric Glaize is a French and European trade mark and design attorney with Plasseraud in Paris and a member of the MARQUES Designs Team

Posted by: Blog Administrator @ 08.41
Tags: repair clause, LOM, Regulation 6/2002, ,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA884

MONDAY, 16 DECEMBER 2019
WIPO consultation on AI and IP policy

WIPO has launched a public consultation on artificial intelligence and IP policy. It is inviting feedback on an issues paper to help define the pressing questions likely to face IP policy makers as AI increases in importance.

The issues paper was published on 13 December. It covers topics including AI in IP administration; IP and AI Strategy Clearing House; and IP Policy. The issues identified for discussion are divided into: Patents, Copyright, Data, Designs, Technology Gap and Capacity Building and Accountability for IP Administrative Decisions.

The paper comes after WIPO held a Conversation on IP and AI with member states and other stakeholders in September.

Submissions on the draft issues paper are invited by email up to 14 February 2020. Submissions will be posted on the WIPO website and a revised issues paper will be prepared.

“Artificial intelligence is set to radically alter the way in which we work and live, with great potential to help us solve common global challenges, but it is also prompting policy questions and challenges,” said WIPO Director General Francis Gurry.

Read more about this initiative in WIPO’s announcement here.

Posted by: Blog Administrator @ 08.49
Tags: WIPO, AI, Francis Gurry, ,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA883

MONDAY, 11 NOVEMBER 2019
WIPO Roving Seminar in Munich

The next WIPO Roving Seminar will take place at the German Patent and Trade Mark Office (DPMA) in Munich on 27 November. It will be held in German and will run from 09.30 to 15.00.

The event will provide an introduction to WIPO services and initiatives. The provisional programme includes topics such as:

  • Introduction to WIPO
  • Protecting your inventions internationally
  • PCT examples and mistakes
  • International registration of trade marks and designs
  • Efficient use of global IP systems
  • Global databases and tools for the connected knowledge economy
  • WIPO ADR services

The speakers will include representatives of WIPO and the DPMA.

In addition to the presentations and discussions, there will be opportunities for networking during the coffee and lunch breaks.

You can find out more and register here. There is no charge for registration.

Posted by: Blog Administrator @ 16.21
Tags: WIPO, DPMA, PCT, Hague, Madrid,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA882

TUESDAY, 5 NOVEMBER 2019
Call for entries for DesignEuropa 2020

Owners of registered Community designs can now submit applications for the DesignEuropa 2020 awards, to be presented in Eindhoven on 20 October 2020.

The Awards Ceremony will held during Dutch Design Week, the largest design event in northern Europe. It will be hosted by EUIPO, the Dutch Ministry of Economic Affairs and the Benelux Office for Intellectual Property.

This will be the third edition of the DesignEuropa Awards, which are held every two years.

There are two categories open for applications and nominations: Small and Emerging Companies and Industry.

You can also nominate individuals to receive the Lifetime Achievement Award.

The call for entries is open until 20 April 2020. Shortlists and winners are chosen by a jury based on aesthetic value and visual appeal of the submitted designs, their demonstrable impact on the market and sound marketing and management of design and other IP rights.

More details about the application/nomination process, eligibility and rules are available on the dedicated website. This also includes information about the winners of the previous two editions of DesignEuropa.

Posted by: Blog Administrator @ 12.14
Tags: DesignEuropa, Eindhoven, EUIPO, BOIP,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA881

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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