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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
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

THURSDAY, 10 JUNE 2021
UK consultation on exhaustion of IP rights

Having said it would do so in the first half of the year, the UK government has just managed to meet its deadline of launching, on 7 June, its consultation on the future regime for exhaustion of IP rights and parallel imports – as Roland Mallinson, Chair of the MARQUES Brexit Task Force, explains.

Full details and submissions can be made here. The consultation closes on 31 August 2021.

The outcome clearly could have a major impact on brand owners and whether they can rely on UK trade mark rights to prevent the import into the UK without their consent of genuine branded goods first put on the market with their consent outside the UK.

The MARQUES Brexit Task Force is considering whether a common position can be agreed amongst MARQUES members such that a submission from MARQUES can be made.

The most likely options to be considered are (1) international exhaustion (2) UK-only exhaustion and (3) something along the lines of the pre-Brexit scenario of regional EEA+UK exhaustion.

If you would like to propose a position for MARQUES to take and/or to be involved in this debate, please contact Roland Mallinson at r.mallinson@taylorwessing.com.

Posted by: Blog Administrator @ 08.43
Tags: exhaustion, parallel imports, Brexit,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA924

WEDNESDAY, 2 JUNE 2021
EUIPO Trade Mark and Design Education Programme

With final examinations scheduled for June 2021, the EUIPO is about to conclude the third edition of its EUIPO Trade Mark and Design Education Programme (ETMD EP)

The ETMD EP is a one-year training programme for IP practitioners delivered by EUIPO staff, IP professionals and academics.

It focuses on the interaction between the EUIPO and IP practitioners in trade mark and design registration and prosecution. The programme is aimed at increasing knowledge of the proceedings and practice of the EUIPO to improve the quality of the applications and submissions before the Office and to provide sound bases to develop successful strategies for registering, defending or contesting EU IP rights using the EUIPO´s tools and systems.

The MARQUES Education Team has been deeply involved in this education initiative since the very beginning. The pilot project, which was originally planned to run for three years, turned out to be a complete success.

Today, the Education Team is more active in the ETMD EP than ever with José Amorim in the Advisory Committee, Sandra Müller as a tutor and member of the Examination Board and Shane Smyth, Charlotte Duly and Claudia Csáky as examiners.

On behalf of the Education Team, Co-Chair Sandra Müller said: "It is a great honour to work side by side with colleagues from EUIPO, academia and sister associations and to share knowledge with colleagues from all over Europe who are passionate about IP and have the common goal of expanding their horizons beyond domestic jurisprudence. We hope that the ETMD EP will stay with us for many years to come."

For more information, please visit EUIPO’s website.

HouseMARQUES

This article is reproduced from the May 2021 issue of HouseMARQUES, the MARQUES monthly newsletter.

The full issue includes details of this year’s Annual Conference, how to register for the upcoming webinar on IP and the pandemic, the latest Talking MARQUES podcast, latest news from the CJEU, updates from EUIPO and WIPO and more.

Read all issues of HouseMARQUES here. MARQUES members receive notifications when a new issue is published; you can join or renew your membership, or login, here.

Photo of EUIPO headquarters in Alicante from EUIPO's website

Posted by: Blog Administrator @ 11.55
Tags: EUIPO, ETMD EP, Sandra Muller,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA923

TUESDAY, 18 MAY 2021
Webinar: IP and the challenges of the pandemic

The next MARQUES webinar is on Tuesday 8 June, from 15.30 to 17.00 CEST.

A panel of leading in-house counsel and trademark practitioners will share discuss how the COVID-19 pandemic has affected their work. They will also share insights and best practice on new working practices after the pandemic – the “new normal”.

Topics to be covered will include managing workloads; new working practices; lessons learned; budgeting; decisions about portfolio management; marketing; and what the future holds for legal and business teams.

The discussion will be interactive and practical, with plenty of opportunity for the panellists to answer questions about their work and the challenges they face.

The panellists are:

  • Emma Stopford, BAT (UK)
  • Giordano Cardini, Ferrero (Italy);
  • Simone Pelkmans, Unilever (Netherlands)
  • Leo Longauer, LVMH (France)
  • Virginia Cervieri, Cervieri Monsuarez (Uruguay)
  • Arthur Artinian, K&L Gates (UK)

The webinar will be moderated by MARQUES editor James Nurton.

You can find out more about the webinar and register on the dedicated page on the MARQUES website. Registration is €100 (MARQUES members) or €135 (non-members).

Posted by: Blog Administrator @ 08.29
Tags: webinar, COVID-19, pandemic,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA922

WEDNESDAY, 5 MAY 2021
WIPO Hague System webinars

WIPO is hosting two webinars on the Hague System in May and June.

The first is on Navigating the Hague System website and is on Wednesday 19 May from 15:00 to 16:00 CET. According to WIPO: “Whether you are new to the Hague System or already somewhat familiar with our procedures and processes, this webinar will provide you with a roadmap to all the online resources – general, legal and procedural – that are available to help you fully understand and benefit from the Hague System.”

The second webinar is on Sharpening your Search Skills and Leveraging Hague System Online Data on Wednesday 9 June from 09:00 to 10:00 CET. WIPO states: “Perhaps you would like to find out what your competitors are doing. Or maybe you would like to dive deeper into Hague System statistics? Join us in this webinar and learn how to get the most out of our online tools for tracking international designs.”

Both webinars are in English and will feature live presentations from WIPO’s Hague experts. They also include pre- and post-webinar teaser quizzes.

You can find out more about the webinars and register on WIPO’s website here. On the same page, you can sign up to be alerted when further webinars are announced.

Posted by: Blog Administrator @ 08.36
Tags: WIPO, Hague, webinar,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA921

TUESDAY, 27 APRIL 2021
Belarus joins Hague System

The government of Belarus deposited its instrument of accession to the 1999 Geneva Act of the Hague Agreement on 19 April.

The accession means that designers in Belarus can begin using the Hague System to protect their designs internationally on 19 July 2021, and non-residents seeking protection in Belarus will be able to designate the country in their international applications from the same date.

The country becomes the 66th contracting party to the 1999 Act and the 75th member of the Hague Union. The total number of countries covered by the Hague System is now 92.

Belarus has a population of about 9.4 million and exports include construction machinery, trucks and tractors, buses and trams. The most famous Belorussian designer was probably painter and artist Marc Chagall (Moishe Shagal).

Posted by: Blog Administrator @ 08.37
Tags: Belarus, WIPO, Hague System,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA920

FRIDAY, 9 APRIL 2021
Conference on copyright law in Europe

Class 99 readers may be interested in a conference on “EU Copyright Law: State of Play and Future Directions” which takes place on 26 May.

The conference is organised by the Institute for Intellectual Property and Market Law at Stockholm University. Speakers will include the authors of The Routledge Handbook of EU Copyright Law, edited by Eleonora Rosati.

Topics will include:

  • Copyright and related rights: when does and should protection arise?
  • The scope of exclusive rights and liability for the doing of unauthorized acts
  • The state of copyright exceptions and limitations
  • Copyright enforcement: the technological and cross-border dimensions
  • The law and policy of EU harmonization and the role of the CJEU

Attendance is free, but registration is required. If you are interested in this event, please see more information, including the conference programme, and register here.

MARQUES thanks the IPKat blog for bringing this event to our attention, and commends it to any readers interesting in copyright developments in Europe.

Posted by: Blog Administrator @ 15.07
Tags: copyright, EU, Eleonora Rosati,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA919

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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