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David Musker
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MARQUES 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.

In the interest of designers and design right holders, MARQUES has advocated that the overall goals of the recast EU design law should be directed toward advancing a streamlined system of design protection at national, regional – in the European Union – and international levels.

MARQUES believes that design applicants should have full choice in that regard. A sound design protection system within Europe should be aimed at facilitating design owners in making their choice, by offering simplified and efficient procedures for design protection in a harmonised legal environment, which can ensure complementarity with the national design systems.

For these reasons, MARQUES welcomed the adoption by the European Commission of the two package proposals to modernise the legislation on design protection at the end of November last year. A summary of the draft legislative texts can be found in the December 2022 edition of HouseMARQUES here.

Working together with ECTA and INTA

As the Commission launched a public consultation on the draft legislative texts of the revised Design Law Directive and Regulation, MARQUES and the sister organisations ECTA and INTA have furthered their cooperation.

The advocacy efforts of the three organisations have proven impactful and efficient in the previous steps of the reform process. ECTA, INTA and MARQUES are the signatories of a further joint contribution that the three organisations submitted during the consultation of the European Commission on 31 January 2023: it can be downloaded from the MARQUES website here.

This input builds upon the recommendations provided to the Commission by the three organisations individually as well as jointly over the past years, in particular, through the Joint Paper on Legal Review of EU Designs System, submitted in July 2018, and the Joint Comments on the European Commission’s Inception Impact Assessment on the review of the Design Directive and Community Design Regulation submitted in January 2021. Both these documents are available on the Position Papers page on the MARQUES website.

New points raised

In this round of consultations, MARQUES, ECTA and INTA welcomed the efforts of the European Commission in attempting to achieve greater harmonisation in the area of industrial designs and taking on board some of the proposals and recommendations presented in the above-mentioned earlier joint statements.

A few other specific areas/points were identified when studying the draft documents (Directive, Regulation and Implementing Regulation) and have been addressed in this new joint paper to the Commission for due consideration.

The MARQUES Designs Team will share more information about the EU design law reform as it further develops. There will also be an episode of the Talking MARQUES podcast focusing on this topic available next month.

Posted by: Blog Administrator @ 12.12
Tags: Design Regulation, Design Directive, spare parts,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA964

Commission adopts designs reform package

The European Commission adopted proposals for a revised Regulation and Directive on designs on 28 November.

The Proposal for a Directive on the legal protection of designs is available here and the Proposal for a Regulation on Community designs is available here.

In a press release, the Commission said the revisions “will make it cheaper, quicker and more predictable to protect industrial designs across the EU”.

The proposals aim to modernise the pan-EU framework and national regimes.

The revisions introduce a “repair clause” providing that designs can be reproduced for spare parts of complex products such as cars. This clause will have legal effect for future designs; designs already granted will remain covered for a transitional period of 10 years.

The repair clause is Article 19 of the proposed Directive and states:

1.    Protection shall not be conferred on a registered design which constitutes a component part of a complex product, upon whose appearance the design of the component part is dependent, and which is used within the meaning of Article 16(1) for the sole purpose of the repair of that complex product so as to restore its original appearance.

2.    Paragraph 1 cannot be invoked by the manufacturer or the seller of a component part of a complex product who failed to duly inform consumers, through a clear and visible indication on the product or in another appropriate form, about the origin of the product to be used for the purpose of the repair of the complex product, so that they can make an informed choice between competing products that can be used for the repair.

3.    Where at the time of adoption of this Directive the national law of a Member State provides protection for designs within the meaning of paragraph 1, the Member State shall, by way of derogation from paragraph 1, continue until …[OP please insert the date = ten years from the date of entry into force of this Directive] to provide that protection for designs for which registration has been applied before the entry into force of this Directive.

Paragraphs (1) and (2) appear in almost identical form in Article 20a of the proposed Regulation.

The proposals will be sent to the European Parliament and Council for adoption. Once adopted, EU Member States will have two years to transpose the Directive into national law.

Most amendments to the Community Design Regulation will become applicable three months after its entry into force, but some will only apply 18 months after.

Posted by: Blog Administrator @ 17.18
Tags: European Commission, spare parts,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA963

Re-live the DesignEuropa Talks

EUIPO has published a short video showing the highlights of the DesignEuropa Talks, which were held in Alicante last month.

It can be viewed on the EUIPO website here. The full seven-hour stream of the event can also be viewed on the EUIPO YouTube channel.

The Office states: “The event celebrated design through a series of informative panel discussions led by distinguished experts on a wide range of subjects. Speakers included participants from the DesignEuropa community, previous winners, finalists, jury members and others. Topics discussed included the present and future of design, how it powers our economy and impacts society.”

The talks covered topics including the changing vision of design, the need to increase awareness of IP, design education and IP protection, challenges and opportunities in the design industry, the New European Bauhaus initiative, the impact of design on the value of your business and inspiring success stories.

2023 DesignEuropa Awards

Applications for next year’s DesignEuropa Awards are also now open until 10 March 2023.

You can apply or nominate a candidate in the three categories (Industry, Small and Emerging Companies and Lifetime Achievement) on the dedicated page on the EUIPO website here.

The winners will be announced in a ceremony in autumn 2023.

Posted by: Blog Administrator @ 09.36
Tags: DesignEuropa, EUIPO, Bauhaus,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA962

WIPO webinar on IP and Women Entrepreneurs

Class 99 readers may be interested in a webinar hosted by WIPO on Thursday 27 October at 15.00 (Geneva time).

The title is IP and Women Entrepreneurs and the goal is to empower, support, mentor and build capacities for women around IP while highlighting the increasing contribution of woman innovators.

The webinar will be in English with interpretation into French and Spanish. It will be followed by a series of support activities offered to registered participants.

The speakers comprise a mix of WIPO officials and distinguished women entrepreneurs from companies such as Sumee Ltd, Minicool TrendBook, Eco Wave Power Ltd and SISVEL Group.

WIPO says the event will cover topics including:

  • Why IP is important to women entrepreneurs and how it is beneficial for their creations and innovations
  • Supporting female performers on the screen: experiences and challenges
  • Initiatives for SMEs: scale-up your IP with the IP Diagnostics tool
  • Protecting your trade marks, industrial designs and geographical indications internationally with the Hague, Madrid and Lisbon systems
  • Protecting your inventions internationally with the Patent Cooperation Treaty
  • Resolving IP and technology disputes through WIPO Mediation and Arbitration

Registration is free of charge. You can find out more about the programme on WIPO’s website here and register to take part here.

Posted by: Blog Administrator @ 16.29
Tags: WIPO, women entrepreneurs, webinar,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA961

Alicante News focuses on designs!

The latest issue of EUIPO’s Alicante News newsletter concentrates on news and information regarding registered Community designs.

The issue includes an article by Professor Eleonora Rosati on famous protected designs, the case law that shaped the system and the challenges ahead for design law. The article looks at designs including the Lady Dior handbag, Bratz dolls and Apple’s Game Center icon.

There is also a practice tip for design applications intended to be used in the metaverse and the latest webinars on topics such as how to use DesignClass.

Alicante News is published monthly by EUIPO and the October issue can be accessed for free here (PDF download).

Posted by: Blog Administrator @ 11.44
Tags: Alicante News, EUIPO, RCD,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA960

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

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

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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