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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
FRIDAY, 31 JANUARY 2025
EUIPO webinar on designs legislative reform

EUIPO is hosting a webinar titled “Unpacking the details of the Designs legislative reform: what's new and what's next?” on Tuesday 4 February 2025 from 10.00-11.00 CET.

The EU design legislative reform package was published in the Official Journal of the EU on 18 November 2024. This is the first major legislative update since the EU design system was introduced in 2003.

During the webinar, speakers will discuss the reform and its practical implications for design protection in the EU, with examples of what the changes mean for designers, examiners and practitioners.

EUIPO says the webinar will focus on “the near future” including amendments in the initial phase of the reform, which apply from 1 May 2025. It will also look at the changes to be developed through secondary legislation which will apply from 1 July 2026.

Class 99 readers interested in the webinar can sign up via this registration link on the EUIPO website. The webinar will be held on Zoom and there is no fee.

You may also be interested in the latest episode of the Talking MARQUES podcast, which features members of the MARQUES Designs Team talking about the design reform and other issues.

Picture sent by EUIPO

Posted by: Blog Administrator @ 07.31
Tags: EUIPO, webinar, design reform,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA1001

TUESDAY, 28 JANUARY 2025
EUIPO receives record number of design filings

The EUIPO received 123,164 registered Community design (RCD) applications in 2024, a 6.2% increase compared to 2023. This is the highest number of RCD filings ever.

About 45% of applications came from EU Member States. Germany accounted for nearly 15% RCDs in 2024, followed by Italy (12%), France (4.4%), Poland (3.9%), the Netherlands (3.2%) and Spain (3%).

However, China accounted for almost 27% of design filings, the USA 8.4%, Switzerland 3.3% and the UK 3.1%.

Filings from China were up almost 24% compared to 2023. Filings from Germany, Switzerland and the Netherlands also grew at double-digit rates in 2024.

The number of design filings examined by EUIPO increased by 7.5% in 2024.

The data were published on LinkedIn by EUIPO Director João Negrão.

“I wish to acknowledge the positive dynamic showed by innovative business in the EU and worldwide in 2024, as well as thank all our users for the trust they have placed, once again, in the EUIPO,” said Mr Negrão.

He added: “We look forward continuing to cooperate closely with all our stakeholders and strategic partners in contributing to further support competitiveness and innovation-driven economic growth.”

Picture supplied by EUIPO.

Read about EUTM trends in 2024 on the Class 46 blog here.

Posted by: Blog Administrator @ 10.06
Tags: RCD, EUIPO, Joao Negrao,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA1000

WEDNESDAY, 15 JANUARY 2025
Meet the Judges in Rome

The next MARQUES Meet the Judges event takes place in Rome, Italy on Thursday 30 January 2025.

The event will be a roundtable discussion with eminent Italian judges, representatives of the Italian Patent and Trade Mark Office, members of the Italian and EUIPO Boards of Appeal and industry representatives. It will be held in Italian.

Places are filling up, but there are still some available - so act now if you would like to take part!

The following judges and officials are already confirmed to participate:

  • Hon. Paolo CATALLOZZI - Supreme Court of Cassation, First Civil Section
  • Hon. Elisa FAZZINI - Court of Appeal, Milan, First Civil Section
  • Hon. Silvia VITRÓ - President of the Court of Enterprises, Turin
  • Avv. Prof. Gustavo OLIVIERI - Full Professor of Commercial Law, LUISS University, Rome, and Member of the Italian Board of the Appeals against the decisions of the Italian Patent and Trademark Office
  • Avv. Cinzia NEGRO - Member of the 2nd and 3rd Boards of Appeal, Boards of Appeal, European Union Intellectual Property Office – EUIPO

Other moderators and speakers include: Avv. Vittorio Cerulli IrelliAvv. Elisa VittoneAvv. Flavia TamburriniAvv. Lorella Cipriani (BOTTEGA VENETA), Avv. Laurence Morel-Chevillet (BULGARI) and Dr. Andrea Chianura (LAVAZZA).

The meeting starts with a Buffet Lunch at 12.00 and concludes with a Drinks Reception at 18.30.

Topics covered in the discussion will include: proof of use, protection of well-known trade marks, including heritage brands, showing reputation and acquired distinctiveness through market surveys, patronymic trade marks, how to deal with gaps between market realities and the restrictive examination practices for non-conventional signs as trade marks.

The programme will also offer participants the chance to enjoy a special theatrical performance on “The Trials of Oscar Wilde”, written by Merlin Holland and John O’Connor.

This event will be conducted in Italian and will be held at the OFF/OFF Theatre, Via Giulia 20, Rome. Registration is €325 (MARQUES members) or €450 (non-members). For more information, and to reserve your place, please visit the dedicated page on the MARQUES website.

Photo of OFF/OFF Theatre from the theatre’s website

Posted by: Blog Administrator @ 17.54
Tags: Meet the Judges, Rome, Off/Off,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA999

THURSDAY, 9 JANUARY 2025
Podcast on recent design developments

The latest episode of the Talking MARQUES podcast focuses on recent developments in design law, including the Riyadh Design Law Treaty and the EU design reform.

The podcast features three members of the MARQUES Designs Team: Inga George, Sally Britton and Sara Soderling.

They discuss the impact of both the Treaty and the reform package as well as the negotiations that led up to them, including the involvement of MARQUES.

In particular, they summarise the key points of each and how they will affect design applicants and owners.

The speakers also share information about other projects the Team is working on, including the Design Tracker and the consultation on UK designs.

You can listen to this episode of Talking MARQUES on the MARQUES website and on Spotify.

There are now 23 episodes of Talking MARQUES available. More will be posted later this year so look out for them!

Posted by: Blog Administrator @ 11.17
Tags: Talking MARQUES, podcast, Riyadh,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA998

WEDNESDAY, 18 DECEMBER 2024
Uzbekistan joins Hague System

Uzbekistan has become the 75th contracting party to the 1999 Geneva Act and the 81st member of the Hague Union. The system now covers 98 countries.

The government of Uzbekistan deposited its instrument of accession on 10th October. The 1999 Act will enter into force in Uzbekistan on 10th January 2025.

Find out more on WIPO's website here.

Posted by: Blog Administrator @ 17.28
Tags: Hague, Uzbekistan,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA997

MONDAY, 9 DECEMBER 2024
WIPO-USPTO webinar tomorrow!

Here’s a reminder for Class 99 readers that WIPO is hosting a special webinar with guest speakers from the USPTO tomorrow (10 December) from 16.00-17.00 Geneva time.

WIPO says the webinar will focus on designating the US in your Hague System application: “Discover what to expect during the application process and specific substantive requirements in the US related to filing a design application under the Hague System. Don't miss out on this invaluable session for anyone thinking of designating the US in their Hague System application!”

The webinar is part of WIPO’s series of webinars on the Hague System.

It will be held in English and there is no fee.

More information and online registration are available on WIPO’s website here.

Posted by: Blog Administrator @ 13.27
Tags: WIPO, USPTO, Hague,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA996

TUESDAY, 26 NOVEMBER 2024
Riyadh Design Law Treaty approved

WIPO member states have adopted the Riyadh Design Law Treaty following two weeks of negotiations. This is the 28th WIPO treaty.

The treaty aims to make procedures for design protection more predictable, less complex and more affordable. In particular, it:

  • sets a maximum list of indications or elements that designers must submit with an application.
  • allows applicants to choose how they represent the design in an application (drawings, photographs or, if admitted by the IP office, video).
  • allows applicants to include several designs in a single application, under certain conditions.
  • sets out requirements for the granting of a filing date.
  • provides for a grace period of 12 months following a first disclosure of the design.
  • allows applicants to keep their designs unpublished for at least six months after having secured a filing date.
  • provides relief measures and offers some flexibility to applicants to prevent them from losing their rights if they miss a deadline.
  • simplifies the procedure for requesting the renewal of a design registration.
  • furthers the introduction of e-filing systems for designs and the electronic exchange of priority documents.

The Treaty requires 15 contracting parties to enter into force.

Speaking at the end of the Diplomatic Conference to agree the treaty, WIPO Director General Daren Tang said: “The process of negotiations allowed us to really engage on a topic which WIPO had not put at the centre of our work for some time – that of designs and designers and the gift they have in using colour, form, shape, beauty and aesthetics to delight our senses, enrich our lives, promote our heritage and transform our culture.”

Read more about the Treaty on WIPO’s website.

The MARQUES Designs Team has been actively engaged in the discussions leading up to the Diplomatic Conference over the past few years. For more information, please visit the Team’s page.

Photo: WIPO/Borlant

Posted by: Blog Administrator @ 19.08
Tags: WIPO, Design Law Treaty, Riyadh,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA994

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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