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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
TUESDAY, 19 OCTOBER 2021
DesignEuropa Awards 2021 winners announced

The Relio2 lighting system and the Philips IntelliVue X3 portable health monitor won the Small and Emerging Companies Award and the Industry Award respectively at the DesignEuropa Awards held in Eindhoven today.

The Relio² professional lighting system, created by Italian designer Marco Bozzola, is engineered to emit a light comparable to sunlight by making subtle chromatic variations.

The Philips IntelliVue X3 portable patient monitor, designed by Fabian Benedikter and Ceren Bagatar, allows for continuous monitoring of patients and enables safe and secure movement within hospitals.

The winning designs were chosen from a list of eight finalists.

The DesignEuropa Awards are organised by EUPIO to recognise designs that are protected as RCDs as well as leading figures in design.

As previously announced, the Lifetime Achievement Award was presented to André Ricard, designer of the 1992 Barcelona Olympics torch.

The Awards were held in collaboration with the Dutch Ministry of Economic Affairs and Climate Policy and the Benelux Office for IP, and coincided with Dutch Design Week.

MARQUES 2nd Vice-Chair Claudia Pappas of Thyssenkrupp attended the ceremony.

More information about the awards is available on EUIPO’s website here. The photo of the winners and VIP guests was shared by EUIPO on Twitter.

Posted by: Blog Administrator @ 13.41
Tags: DesignEuropa, André Ricard, Eindhoven,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA931

THURSDAY, 7 OCTOBER 2021
Hague System Member Profiles upgraded

WIPO has given the Hague System Member Profiles a fresher look and feel, with enhanced layout and content.

The Hague System Member Profiles provide instant, free access to information on Hague System Members, including specific requirements, domestic laws, practices and procedures.

The interface is available in English, French and Spanish. Information can be searched and downloaded in PDF or XLS format.

The recent changes include a three-step process to retrieve information, more searchable fields (including which offices are examining offices, which have specific requirements regarding unity of design and which do not allow deferment of publication) and regional groupings.

Information is updated with the latest information from IP offices of Hague System members. You can sign up to receive alerts on all major changes.

The Hague System currently covers more than 90 countries.

Find out more about the Hague System Member Profiles in this WIPO announcement (published on 21 September 2021).

Posted by: Blog Administrator @ 17.46
Tags: Hague System, WIPO,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA930

WEDNESDAY, 22 SEPTEMBER 2021
Important information on designs and Brexit

Readers with registered design rights in Europe should take note of the following update regarding Brexit, shared by the MARQUES Brexit Task Force:

30 September is not just an important deadline for re-filing for UK trade mark protection where an EUTM had been pending on 31 December 2020. It is important for registered designs too where they were registered before then but subject to deferred publication and some lapsed design registrations.

There are three scenarios when this applies:

  1. Registered Community Designs (RCDs) that were registered pre-31 December 2020 but which were subject to publication deferred until after that date were not automatically cloned into comparable UK re-registered rights. They need to be re-filed in the UK if UK protection is required and 30 September is the deadline for doing that in order to secure the same priority date as the RCD. A re-registered UK design only arose automatically if the RCD was registered and published before exit day.
  2. Likewise, for Hague applications that designated the EU, a re-registered UK design only arose automatically if the RCD was registered and published and a statement from the EUIPO was sent to WIPO (or the time limit for doing so expired) before 31 December 2020. That is covered in schedule 1B of the relevant statutory instrument). Again, if any of the criteria was not fulfilled, a separate UK application must be filed if UK protection is required.
  3. 30 September 2021 is also the deadline for holders of renewable international designs that expired between 30 June 2020 and 31 December 2020 to notify the UKIPO of any renewal to ensure the corresponding re-registered UK design is issued.

Thanks to MARQUES Executive member Roland Mallinson for sharing this information. For more information about Brexit, see the Brexit Task Force page.

Posted by: Blog Administrator @ 17.28
Tags: Brexit, RCD,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA929

MONDAY, 20 SEPTEMBER 2021
DesignEuropa Awards 2021 finalists announced

The eight finalists in the third edition of the DesignEuropa Awards come from seven countries and span sectors including healthcare, advanced engineering, automation and access solutions, furniture, professional lighting, outdoor appliances, security and IoT.

The winners will be announced at a ceremony in Eindhoven on 19 October, hosted by EUIPO in collaboration with the Dutch Ministry of Economic Affairs and Climate Policy and the BOIP.

There are four finalists in the Industry category:

  • SWEDEN: Aperio® H100 smart door handle (ASSA ABLOY Opening Solutions; designers: Mauro Menin)
  • THE NETHERLANDS: Philips IntelliVue X3 portable patient monitor (Koninklijke Philips N.V.; designers: Fabian Benedikter and Ceren Bagatar)
  • SPAIN: Talent desk system (Actiu Berbegal y Formas S.A.; designer: Marcelo Alegre)
  • USA: John Deere 8 Series tractors (Deere & Company; designers: Felix Nagelin, Brian Huenink, John W. Krieger, Eric Keen, Sebastian M. Himpel, Thorsten Hagner, Daniel J. Deboer, Martin Clay, Michael D. Kollath, Richard Knowels Jr, Thomas C. Boe, Charles Warren)

The finalists in the SME category are:

  • GERMANY: Knister Grill (Knister GmbH; designer: Carolin Kunert)
  • SWEDEN: MiniFinder Nano personal safety alarm (MiniFinder Sweden AB; designer: Dean Maros)
  • ITALY: Relio² professional lighting system (Relio Labs s.r.l.; designer: Marco Bozzola)
  • POLAND: StethoMe digital stethoscope (StethoMe sp z.o.o.; designer: Michał Bonikowski)

Lifetime Achievement

The Lifetime Achievement Award will be presented to André Ricard, known for the torch design of the 1992 Barcelona Olympics as well the Copenhagen ashtray and the Tatu lamp.

Find out more about the finalists, the Lifetime Achievement winner, the jury and the Award Ceremony on EUIPO’s website.

Posted by: Blog Administrator @ 10.12
Tags: DesignEuropa, André Ricard, Eindhoven,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA928

WEDNESDAY, 8 SEPTEMBER 2021
WIPO publishes survey on digital copyright disputes

More than 60% of respondents to a survey conducted by WIPO’s Arbitration and Mediation Center had been involved in B2B digital copyright- and content-related disputes in the past five years.

The most common types of disputes were software, musical works, advertising and literary works.

More details about the survey on the use of ADR mechanisms can be found here. It was supported by the Ministry of Culture, Sports and Tourism of the Republic of Korea.

The survey targeted copyright- and content-intensive companies, online intermediaries and platforms, creators, entrepreneurs, collective management organisations, in-house and external counsel and government bodies.

Top priorities

It found that the top priorities of respondents were the cost and speed of resolving disputes. Damages was pursued in 70% of disputes, and claims for royalties in 60%.

The majority (59%) of disputes that respondents were involved in fell into the bracket of $10,000 to $100,000. Settlement was the most common outcome.

The WIPO Center has noticed the growing use of ADR for digital copyright and content disputes in the past five years. WIPO ADR cases are predominantly based on contract clauses but increasingly arise from submission agreements concluded after the dispute has arisen. The Center is tailoring its ADR procedures to the specific needs of users, rights holders and content-sharing service providers.

Marco M Alemán, Assistant Director General, IP and Innovation Ecosystems Sector said: “Individuals and businesses need access to effective dispute resolution to ensure they are fairly rewarded for their works. Court litigation is not always suited to copyright- and content-related disputes, shifting attention to the benefits of alternative dispute resolution mechanisms.”

Picture of cover of report from WIPO website

Posted by: Blog Administrator @ 09.50
Tags: WIPO, ADR, copyright,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA927

FRIDAY, 6 AUGUST 2021
Hague System: Changes to contact details

WIPO has published information which will be of interest to all users of the Hague System.

If you or your appointed representative have changed postal or email address, you must let WIPO know so that it can keep records and international registrations up to date.

Changes to email addresses for applicants, holders and representatives can be notified via Contact Hague free of charge.

Changes to postal addresses of holders can be made using Hague System form DM/6 and changes to postal addresses of appointed representatives using Hague System form DM/8.

For more information, see this page on the WIPO website.

Posted by: Blog Administrator @ 08.38
Tags: Hague System, WIPO,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA926

FRIDAY, 11 JUNE 2021
Copyright Tracker shows implementation status of Directive

A few months ago, the MARQUES Copyright Team launched a tracker showing the status of the implementation of the highly debated Directive EU 2019/790 on copyright and related rights in the Digital Single Market.

The deadline for the Member States to implement the Directive passed on 7 June 2021. However, many Member States have not yet or not yet fully implemented the Directive into their national laws.

MARQUES members can review the latest implementation status in each Member State on the Copyright Tracker.

The Copyright Team, with Franz Gernhardt and Christian Schumacher responsible for the Copyright Tracker, thanks MARQUES members for their contributions to the tracker.

If you have any questions or comments about the Copyright Tracker, please contact a member of the Team (listed here).

Posted by: Blog Administrator @ 10.18
Tags: Copyright, DSM Directive, ,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA925

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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