Log in

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.

Want to receive Class 99 by email?
Click here subscribe for free.

Who we all are...
Blog Administrator
David Musker
Henning Hartwig
Hidde Koenraad
Krystian Maciaszek
Peter Gustav Olson
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

WEDNESDAY, 23 OCTOBER 2019
Aesthetic effect of (fashion) design alone may not account for copyright protection
G-Star jeans

Sascha Pres of the MARQUES Copyright Team and his colleague Stefanie Nabrotzki provide a report on the recent CJEU judgment in the case between G-Star and Cofemel.

“Brands confronting change” was the theme of this year’s MARQUES Annual Conference. This claim, however, also perfectly describes the recent CJEU decision regarding copyright protection, which involved brand owner from the fashion world – G-Star – and in which the Court specified the requirements for copyright claims in the field of (branded) products.

Generally speaking, whether a product’s design is beautiful or ugly, art or kitsch lies obviously in the eye of the beholder. Now, the CJEU held that whether the design of a product qualifies as a copyrighted work shall not depend on the extent to which it has an aesthetic effect.

In its judgment of 12 September 12 2019 in Cofemel – Sociedade de Vestuário SA v GStar Raw CV (C-683/17), the CJEU has clarified that patterns and models, in addition to design protection, may enjoy copyright protection if they fulfil the general requirements of copyright protection.

Copyright and applied art

In order to qualify as a work under copyright law, the subject matter must be objectively identifiable and constitute an intellectual creation reflecting the personality and freedom of choice of its author (originality). The fact that the design unfolds a specific aesthetic effect beyond its form that is dictated by the function served, in contrast, is not significant for its classification as a work.

In the CJEU case, the fashion company G-Star relied on copyright law when attempting to prohibit a competitor from imitating special models of jeans and t-shirts in Portugal. G-Star prevailed in two instances on the grounds that copyright protection of works of applied art would not require a particular degree of aesthetic value.

The Portuguese appeal court referred the case to the CJEU and asked whether works of applied art enjoyed copyright protection on the same conditions as those of literature and art, i.e. if they have a certain originality such that they are the result of their author’s intellectual creation or whether their protection was to be made dependent on their aesthetic or artistic value.

It is not a secret that the CJEU applies uniform terms of protection for objects of diverse categories of works, but it remained somewhat unclear whether those criteria should also apply to works of applied art or whether a special level of aesthetic design continued to be required.

The CJEU now clarifies that copyright protection for works of applied art shall not depend on special requirements that deviate from those applying to other categories of works and emphasizes at the same time that copyright protection and design protection should be cumulated only in specific cases so as not to impair their fundamentally different objectives. The Court leaves open what those specific cases are, but clarifies that the criterion of aesthetic surplus – since it is the result of a subjective observation – is not suited to serve as threshold for assessing whether the object is a personal intellectual creation and hence original.

The mere fact that an overall impression produces an aesthetic effect beyond the form that is prescribed by the object’s function cannot justify copyright protection – vice versa, it is not a prerequisite for it either.

In favour of brand owners

The decision may have an impact on brand owner’s strategies regarding the protection of the forms and packaging of their products and therefore has the ability to change the playing field in favour of brand owners.

While getting a product protected by a three-dimensional trade mark is not a safety net and the registered design provides protection for up to of 25 years only, copyright protection lasts until 70 years post mortem auctoris, without any need for registration. This is clearly a sharp and long-lasting weapon.

Sascha Pres and Stefanie Nabrotzki are lawyers with SKW Schwarz Rechtsanwälte and Sascha is a member of the MARQUES Copyright Team. Franz Gernhardt, of Bird & Bird LLP and Chair of the Team, also contributed to this article

Posted by: Blog Administrator @ 11.39
Tags: Cofemel, G-Star, copyright, aesthetic value,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA880

TUESDAY, 8 OCTOBER 2019
Hague System Seminar and Trade Secrets Symposium
WIPO Headquarters

Class 99 readers may be interested in the seminar on “The Hague System: Insights into Refusals and New Developments, Opportunities” taking place at WIPO Headquarters in Geneva on 29 October 2019.

According to WIPO:

The Seminar will focus on national procedures for international registrations of certain major examining jurisdictions, such as Canada, Japan, the Republic of Korea, the Russian Federation and the United States of America.  There will be a roundtable on such procedures, in particular, on the issuance of refusals to international registrations by the concerned Offices in these examining jurisdictions.  In addition, an update will be provided on the recent practical developments of the Hague System – the ongoing modernization and improvement of e-tools, including a detailed introduction to the new features of eHague, the Hague System’s electronic application filing tool.

Finally, a Practitioner in the field of industrial design will share practical experiences and views on successful filing strategies as well as the advantages of the Hague System for SMEs and multinationals.  You will have the opportunity to interact with Hague Registry experts and invited speakers, seek advice and share opinions, experiences and ideas.

Registration costs Sfr300 and you can register online for the seminar up until 6pm on 22 October. More details about the seminar, including general information and a provisional programme, are available here.

Trade Secrets Symposium

WIPO is also hosting a Symposium on Trade Secrets and Innovation in Geneva on 25 and 26 November 2019. The Symposium will be open to the public. WIPO states:

The Symposium will address issues relating to interface between trade secrets and innovation, covering the wide range of aspects on policy, law, economics and business. It also explores new challenges and opportunities for both technological and service innovation sectors, and potential impacts of emerging technologies on the integration of trade secrets in the modern innovation ecosystem.

Find out more, including a draft programme, here. There will be simultaneous translation in English, French and Spanish. You can register for the Symposium here.

Posted by: Blog Administrator @ 09.01
Tags: WIPO, Hague System, trade secrets,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA879

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.


The Class 99 Archive






 

 

 

 

 

 


CONTACT

info@marques.org
+44 (0)116 2747355
+44 (0)116 2747365
POST ADDRESS

Unit Q, Troon Way Business Centre
Humberstone Lane, Leicester
LE4 9HA

EMAIL

Ingrid de Groot
Internal Relations Officer
ingrid.de.groot@marques.org
Alessandra Romeo
External Relations Officer
aromeo@marques.org
James Nurton
Newsletter Editor
editor@marques.org
Robert Harrison
Webmaster
robertharrison@marques.org
BLOGS

Signup for our blogs.
Headlines delivered to your inbox