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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, 25 SEPTEMBER 2020
13th edition of Locarno Classification

WIPO announced on 22 September that the thirteenth edition of the Locarno Classification will enter into force on 1 January 2021.

WIPO states:

When filing an international industrial design application, users may indicate the class of the Locarno Classification to which the industrial designs belong.

The new edition will be applicable to all international applications that have a filing date from January 1, 2021. International applications under previous editions of the Locarno Classification are not affected.

An advance electronic version of the new edition is available online.

Find out more in the news announcement and Information Notice No 33/2020.

Posted by: Blog Administrator @ 08.58
Tags: WIPO, Locarno Classification,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA906

THURSDAY, 3 SEPTEMBER 2020
GII 2020 highlights impact of COVID-19 on innovation

The 2020 edition of the Global Innovation Index (GII) has been published, and has the theme “Who Will Finance Innovation?”

The GII 2020 was released on 2 September by WIPO, Cornell University, INSEAD and the 2020 GII Knowledge Partners: The Confederation of Indian Industry; Dassault Systèmes - the 3DEXPERIENCE Company; and The National Confederation of Industry (CNI) – Brazil.

A key question in the publication is what impact the COVID-19 crisis will have on start-ups, venture capital and other sources of innovation financing. The GII 2020 found that the money to fund innovative ventures is during up, and advises that future rounds of government support must prioritise and broaden support for innovation, particularly for SMEs and start-ups.

“The rapid, worldwide spread of the coronavirus requires fresh thinking to ensure a shared victory over this quintessential global challenge,” said WIPO Director General Francis Gurry. “Even as we all grapple with the immediate human and economic effects of the COVID-19 pandemic, governments need to ensure that rescue packages are future oriented and support the individuals, research institutes, companies and others with innovative and collaborative new ideas for the post-COVID era. Innovations equal solutions.”

Ranking of economies

Ranking Economy
1 Switzerland
2 Sweden
3 USA
4 UK
5 Netherlands
6 Denmark
7 Finland
8 Singapore
9 Germany
10 Rep of Korea

The GII 2020 also ranks the world’s economies on innovation capacity and output. Sixteen of the top 25 economies are European countries, with seven of them in the top 10 led by Switzerland (ranked top) and Sweden (ranked second). The United States ranks third and there are two Asian economies in the top 10: Singapore (eighth) and the Republic of Korea (tenth).

India, China, the Philippines and Viet Nam are also now in the top 50. “As shown by China, India and Viet Nam, the persistent pursuit of innovation pays off over time," said Former Dean and Professor of Management at Cornell University Soumitra Dutta. “The GII has been used by governments of those countries and others around the world to improve their innovation performance.”

Read more about the GII 2020, and find links to other content, on the dedicated page on WIPO’s website.

Posted by: Blog Administrator @ 15.50
Tags: GII 2020, WIPO, COVID-19,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA905

FRIDAY, 21 AUGUST 2020
Webinar workshop on technical functionality

The MARQUES Copyright and Designs Teams are jointly hosting an online workshop during MARQUES Month on the subject of technical functionality.

The workshop is on Friday 18 September starting at 14.30 CEST. Registration is available on the MARQUES Month portal, where you can also register for other events during MARQUES Month (including an all-inclusive ticket).

Registration for all MARQUES Month events is free for MARQUES corporate members and other in-house counsel.

In a video interview previewing the workshop, Thomas Hvammen Nicholson of Protector Intellectual Property Consultants AS in Norway said the workshop is “very relevant topic with the latest case law”, notably the CJEU decisions in DOCERAM, Cofemel and Brompton Bicycle, which address functionality in design and copyright law. “We will be adding a trade mark element as well,” he added.

The workshop will include interactive discussions on the best way to protect products where technical functionality is important, as well as infringement issues. “We want all the participants to be actively involved. We will probably divide into two or three groups who will be given hypothetical cases and scenarios and discuss how to move forward,” said Thomas.

It will also feature an interactive quiz.

Thomas said it is a very timely topic given the recent case law in Europe: “The workshop should appeal to practitioners and in-house counsel wanting to discuss the effects of recent case law, in particular on design and copyright protection of functional products.”

Find out more about MARQUES Month on the dedicated page and in this blog post on Class 46.

Posted by: Blog Administrator @ 11.36
Tags: MARQUES Month, technical functionality, copyright, DOCERAM, Cofemel,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA904

WEDNESDAY, 22 JULY 2020
WIPO webinar and ePay information

WIPO is hosting a webinar on practical cases in the Global Design Database on Wednesday 29 July from 5.30 pm to 6.00 pm CEST.

The webinar is aimed at design owners, attorneys, innovators, students and other IP practitioners and will cover how to perform searches in the Database. It will include practical cases and search tips.

It will also explain the latest developments with the Database.

The webinar is free of charge and in English. Sign up here.

In addition, WIPO has announced that it has added a new functionality to its ePay payment interface.

Hague customers can now access detailed information regarding amounts debited from their current account at WIPO. From 1 July 2020, they can add an internal reference number when paying for a Hague transaction through ePay.

This reference is displayed in the current account portal and monthly statement.

The new functionality seeks to respond to customers’ needs by facilitating the management of funds deposited with WIPO.

Posted by: Blog Administrator @ 08.59
Tags: WIPO, Hague System, Global Design Database,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA903

FRIDAY, 17 JULY 2020
WIPO survey on blockchain and the IP ecosystem

The International Bureau of WIPO has released a survey on blockchain and the IP ecosystem. Everyone is welcome to complete it.

WIPO states: “The survey will collect information from interested parties on their views, plans, potential challenges and solutions and potential usage of blockchain. This information will be used to prepare a whitepaper on potential uses of blockchain in the IP ecosystem, which was discussed at the blockchain webinar held last month.”

The whitepaper will identify how blockchain technology can contribute to establishing a robust, streamlined, cost-effective, inclusive and transparent IP ecosystem in the era of digital transformation.

The survey proposes an IP value chain with four phases: creation, protection, management and commercialization.

Find out more about the survey on WIPO’s website here. If you have questions, you can email blockchain.survey@wipo.int.

 

Posted by: Blog Administrator @ 10.53
Tags: blockchain, WIPO,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA902

WEDNESDAY, 24 JUNE 2020
BOIP declares June 2020 the “Month of New Ideas”

The Benelux Office for Intellectual Property (BOIP) is offering the i-DEPOT electronic tool for free during June. Hugues Derème, Deputy Director General, and Saskia Smits, International Cooperation Officer, explain more:

The i-DEPOT, the electronic tool allowing one to record the existence of an idea, is temporarily free!

Normally, an i-DEPOT costs €37 (for five years). However, during the whole month of June 2020, anyone can file i-DEPOTs free of charge, without limit.

Filing is available online 24/7 and it takes only a few clicks and a few minutes to receive an official certificate. This is a very useful tool for any entrepreneurs and creators!

What is the i-DEPOT?

The i-DEPOT is a means of proof, allowing one to establish the existence of an idea at a given date. It can include any kind of content: a text, a multimedia file, a drawing, a concept, a project…

The content remains secret (except if the holder wants to publish it). The i-DEPOT is an official title of which the legal value is granted by an international treaty (BCIP). In addition, because the i-DEPOT is sealed with an electronic signature conforming with the EU Regulation, it is legally binding and admissible as valid evidence in any court of law in the EU.

Although it does not confer an IP right, it is the ideal tool to prevent conflicts and safeguard rights. With the digital version of the i-DEPOT being in use since 2007, BOIP has already received more than 50,000 filings from all over the world.

Because the i-DEPOT, as a means of proof, is not limited to a specific territory, we deem it useful to send this information to you, so that you can spread the word and give entrepreneurs and creators in your region or network the opportunity to benefit from this extraordinary action.

Equally, do not hesitate to let us know if your organization has tools or solutions that you would like to communicate about: this way, we pool our efforts and make it work!

You can download a complete communication kit about the action and find out more on our website or contact our Information Centre.

Posted by: Blog Administrator @ 19.27
Tags: i-DEPOT, BOIP,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA901

TUESDAY, 23 JUNE 2020
Mexico joins Hague System

Mexico deposited its instrument of accession to the Geneva Act with WIPO on 2 March 2020 and the country became the 64th member of the 1999 Geneva Act and 74th member of The Hague Union. This means that from June 6 applicants can designate Mexico in an international design application filed with WIPO or the home office, as Victor Garrido explains.

Preparing to ratify

Before ratification, a lot of work had to be done. Mexico acceded to the Geneva Act by ratifying two important international agreements: the CPTPP (Comprehensive and Progressive Agreement for the Trans-Pacific Partnership) in June 2018, and the USMCA (United States-Mexico-Canada Agreement) in 2019/20.

In parallel to finalizing these agreements, Mexico started to adapt its domestic law to incorporate the Geneva Act provisions. On 27 April 2018, an amendment to the law introduced several changes to the handling of industrial designs, including:

  • publication of industrial design applications, which formerly were published only at grant;
  • the definition of design novelty in terms of “independent creation” requiring that a design must be different to a “significant degree” from known designs or a combination of features of known designs;
  • the requirement to indicate the specific product to which a design is intended to be applied, instead of merely indicating a wide type of products;
  • modifying the term of protection of industrial design registrations from a non-extendable 15-year term to a renewable five-year term up to 25 years.

Additionally, a bill for enacting a new IP law is being discussed in Congress at the moment. If passed, the new law will probably maintain all or most of the provisions introduced in the 2018 amendment and consider further aspects concerning the Geneva Act and associated rules and regulations.  

Practicalities

When it comes to the practicalities, Mexico is requesting an Individual Fee for designation and renewal. It is important to keep in mind that the designation fee falls due in two parts – the first one at filing and the second one at acceptance.

The current Mexican law does not provide for deferment of publication. It is not expected that the law to be enacted will change this, despite the fact that deferment of publication is one of the most notable features of the Hague System.

Consequently, applicants intending to apply for deferment should consider this before designating Mexico in their international applications.

Mexico requires that an industrial design application refers to a single design or to a group of designs related to each other in such a manner that they conform a single design concept. This means that the examiner may request, through a refusal, that an international application is divided in order to comply with the unity requirement.

Currently, the criteria for evaluating this aspect is quite strict and gives little room for the inclusion of a plurality of designs in a single application. The new IP law will hopefully provide some guidance.

The maximum duration of an industrial design registration is 25 years counted from the international registration date.

Mexico requires that any design application be filed in the name of the design creator. However, a statement that the person identified as the applicant is the creator, or that the creator has assigned the application to the person identified as applicant, is acceptable to fulfil the special requirements.

Examination

Industrial design applications are subject to examination by the Mexican Office. The examination will include the following requirements: unity, novelty, clarity, correct design naming and valid claimed priority (if any).

If a refusal is issued, it must be notified to WIPO within 12 months from the publication date of the international registration. WIPO will inform the applicant of the refusal without delay and the response to the refusal must be submitted directly at the Mexican Office within two months with the possibility to extend for another two months. The applicant will need to appoint a Mexican representative to file the response.

With each new member, the Hague System becomes more attractive to brand owners, and Mexican companies will be sure to use the system when it fits with their business needs.

By Victor Garrido, Head of Patents at Dumont, a member of MARQUES.

Posted by: Blog Administrator @ 17.35
Tags: Hague, Mexico,Geneva Act,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA900

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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