The 6^th edition of the IP Case Law Conference hosted by the EUIPO Boards of Appeal is taking place this week. The theme is “Growing through change”.

Several MARQUES members are taking part in the Conference, which is being held in Alicante and online

In his opening remarks yesterday, EUIPO Executive Director João Negrão (right) said the IP landscape has shifted considerably in the 10 years since the Case Law Conference was first held. “Change also brings opportunity,” he said, adding: “We are living through change … without precedent.”

Stressing the importance of IP rights for innovation and growth, he said case law is the “foundation of trust, which makes the system work.” But he added that the law needs to keep pace as the volume and complexity of rulings demonstrates. “No single institution or jurisdiction can meet today’s IP challenge alone,” he said. “Nobody knows everything, but everybody knows something.”

“The pace of change in recent years has been rather remarkable,” said Savvas S Papasavvas, Vice-President of the EU General Court. In trade marks, he said, the general principles are established but the world of markets and advertising have changed the ways that brands relate to consumers.

“The intersection between trade marks and domain names has become part of a broader discussion about how brand identity is asserted and protected in the digital space,” he added, while the recent EU design reform reflects need for the design system to adapt as boundaries are constantly being tested.

Mr Papasavvas said the legal framework must continue to provide clarity while leaving space for innovation, particularly as new questions arise from AI, and that IP disputes do not respect borders: “Comparative perspectives are therefore invaluable.” He concluded: “Courts must apply legal principles with clarity, consistency and legal discipline.”

Sven Stürmann, President of the Boards of Appeal of the EUIPO, celebrated the diversity of the Conference. “Diversity, inclusiveness and transparency are core values that we promote at EUIPO,” he said. “Change may be constant, but trust in legal outcomes must remain stable.”

“Change is no longer occasional or gradual; it is constant and increasingly rapid,” he said, increasing the need for broader understanding of access to justice, including clear, understandable and practical outcomes for those who rely on the system. “Our case law must be dynamic, responding to new technologies, business  models and societal innovations,” said Mr Stürmann.

In this context, he said dialogue is increasingly important, as well as willingness to rethink established approaches and adapt. “Legal quality is not achieved in isolation but built from dialogue, cooperation and shared responsibility throughout our IP community.” One thing we know, he said, is: “IP case law never stands still, and neither can we.”

A view from the EU Court of Justice

Judge Octavia Spineanu-Matei with Conference Master Thomas Frydendahl

In her speech on Friday, Octavia Spineanu-Matei, President of the 8th Chamber at the Court of Justice of the EU, discussed the filter mechanism introduced in Article 58a in 2019 regarding appeals from the EU General Court to the Court of Justice of the EU.

Since 2019, only eight appeals out of 301 have been allowed to proceed. Five were upheld, one dismissed and two are pending.

Most of the time the request was dismissed because it did not meet formal requirements, did not explain the significant issue, did not indicate the contested points or how the alleged error in law influenced the case. But Judge Spineanu-Matei said that she hoped that more appeals will be brought and allowed to proceed: “It would be a pity for an error to remain in the case law of the General Court.”

The first case in which an appeal was allowed to proceed was Case C-328/21 P KaiKai, a designs case which had significance beyond the law on designs and also had consequences for member states. Judge Spineanu-Matei also discussed Case C-93/23 P Neoperl concerning whether the General Court exceeded the limits of its jurisdiction and Case C-4111/25 P Versiontech relating to the scope of the General Court’s power to alter decisions of the Board of Appeal: this case is still pending at the Court of Justice.

Judge Spineanu-Matei said the lessons are that the request must be self-explanatory and must not exceed seven pages. It is not necessary to show the appeal is well founded but that it raises an issue of significance with respect to the unity/consistency/development of EU law. This issue must not only be alleged but also explained, and how the alleged error affected the outcome of the case must also be explained.

Look out for further reports from the Conference on the Class 46 and Class 99 blogs. You can find out more about the Conference on the EUIPO website here. Photos taken by MARQUES editor James Nurton

Registration for the 40^th MARQUES Annual Conference, which takes place in Lisbon, Portugal from 22 to 25 September, is now open.

The theme of the Annual Conference is “The Exciting Evolution of Trade Marks” and the panel sessions will focus on how trade marks are evolving in exciting ways as businesses explore new ways of using brands and other IP assets to build trust with consumers.

Plenary sessions

The Annual Conference will feature plenary sessions on topics including:

• The fine line between fame and genericism
• Innovative strategies to unlock the value of IP
• The role of regulation beyond trade marks
• The intersection of geographical indications, trade marks and international trade
• Beyond greenwashing: the new Digital Product Passport

It will also include updates from EUIPO and the annual review of CJEU and EU General Court case law.

Workshops

Interactive workshops at this year's Annual Conference presented by the MARQUES Teams will cover:

• Amicus curaie submissions
• Anticounterfeiting at trade fairs
• Protecting voice, image and identity
• AI and marketing
• Improving the UDRP
• EU design developments

Social programme and hotels

The social programme includes an informal Welcome Reception on 22 September, Cultural Evening at SUD Lisboa on 23 September and Gala Dinner Evening on 24 September.

The main plenary sessions will be held at the Epic Sana while the workshops will take place at the nearby Dom Pedro. Accommodation is available at both these hotels, as well as the InterContinental.

You can choose your hotel when booking (subject to availability). Special hotel rates have also been negotiated for delegates wishing to extend their stay either before or after the Annual Conference.

Modular participation is also available for anyone who wishes to source their own accommodation or who lives locally.

Registration

Early registration is strongly recommended. At the time of posting, 358 people from 58 countries had already booked.

The Early Bird full residential rate is €3,400 for MARQUES members and €4,250 for non-members. This rate applies to bookings received by Friday 26 June 2026.

Find all the information about the Annual Conference (including the programme and speakers, accommodation details, tours/excursions, fees, terms and conditions, and online registration) on the dedicated page on the MARQUES website.

The EUIPO has launched the sixth edition of the ETMD Education Programme for practitioners (2026/27).

Applications for the programme are open from today (18 May) until 31 May 2026 and it runs from September 2026 to March 2027.

There are 60 places and selection is based on requirements, experience and motivation so EUIPO encourages early applications.

The programme is aimed at IP professionals advising on trade mark and design matters, including IP lawyers, in-house counsel and consultants and agents representing clients before the EUIPO.

Applicants need to demonstrate sufficient prior knowledge, either by being a professional representative admitted by the EUIPO, having three years of relevant experience, a law degree and IP experience or another means. They also need to have thorough knowledge of English.

The programme has three tracks: (1) trade mark and design (full programme); (2) trade mark; and (3) design. Evaluation is by two intermediate exams and one final exam.

The fees are €1500 (track 1); €1000 (track 2); and €500 (track 3).

The MARQUES Education Team can attest to the value of the training course to strengthen professional expertise, having been involved in the ETMD Education Programme from its beginning in 2018, with Shane Smyth, José Amorim, Sandra Müller and Charlotte Duly serving as members of the Advisory Council and Examination Board as well as tutors and examiners in the programme.

In episode 21 of the Talking MARQUES podcast, available here, Sandra Müller and Guido Donath discussed the programme following the completion of the fifth edition.

Find out more about the programme on EUIPO’s website here.

Charlotte Duly of the MARQUES Education Team reviews Intellectual Property Law and Sports, edited by Justin Koo and Jason Haynes (published by Edward Elgar Publishing, priced £100 (€116) for the hardback and available here].

This book provides a concise yet thorough examination of the relationship between IP law and the sports industry.

The recent World Intellectual Property Day on 26 April 2026 focused on the theme “IP and Sports: Ready, Set, Innovate!”, highlighting the huge importance of interplay between IP and the multi-billion dollar sports industry. This book provides a welcome focus on that subject area.

Key topics covered

The text begins with a review of sports personality rights, contrasting the position in the USA, Canada and United Kingdom with a good overview of the relevant case law. Sections of the book are devoted to important sporting events such as the Olympics.

Of particular current relevance may be the chapter on ambush marketing which is likely to become increasingly talked about over the coming months due to the men’s 2026 FIFA World Cup. Indeed, there is a section of the text devoted to this key sporting event as well as discussing other global World Cups.

This book contains a useful discussion of Uniform Domain Name Dispute Resolution Policy (UDRP), used to tackle domain names of concern. The elements required to be successful in a UDRP action are broken down and the information provided would be useful to anyone looking to commence such proceedings, not just those in the sporting field.

The subject matter covered is much broader than trade marks, copyright and domain names, expanding into confidential information, patents and designs in the field of sport. The confidential information discussion provides useful food for thought about what could fall under this category, be it training methods or strategic intelligence, for example.

This thorough text also includes a discussion of dispute resolution and a summary of the various options available. Again, this is a particular part of the book that would be a useful guide to anyone, not just those in the sporting field.

Five central themes

The conclusion of the book finds that there are five central themes throughout the chapters, and goes on to state “[t]he overarching theme, which is already well known and documented, relates to the centrality of intellectual property rights and law for the success of sporting endeavours”.

Whilst sport may not in itself be protectable, sporting events, sports personalities and related goods and services, including extensive merchandise, have led to a huge generation of revenue in the world of sports, the majority of which is due to IP rights being available, protected and well utilised.

This book will be of interest to any in the IP field who want to consider the particular challenges and application of IP in this field.

Charlotte Duly is a Partner at D Young & Co LLP in London and Vice-Chair of the MARQUES Education Team. This blog is part of an occasional series of book reviews posted by members of the Team. The picture shows the cover of Intellectual Property Law and Sports

EUIPO and the European Investment Fund (EIF) have signed a Memorandum of Understanding to help turn IP assets into financing opportunities.

The MoU follows the publication of the recent IP-backed finance study (reported on the Class 46 blog here).

EUIPO said the agreement “reflects a shared commitment to support innovation, boost competitiveness and contribute to sustainable economic growth across the European Union”.

João Negrão, Executive Director of the EUIPO, added: “For many European businesses, intellectual property is one of their most valuable assets, but it is still not fully used when it comes to accessing finance. This agreement with the EIF is a concrete step to change that. It helps turn IP from a legal asset into a financial one, supporting innovation, growth and competitiveness across Europe.”

The collaboration between EUIPO and EIF will help businesses better leverage their IP rights as strategic assets when seeking financing by improving IP valuation approaches, strengthening links between SMEs and financial instruments and supporting the development of IP-backed financing solutions.

Read more on EUIPO’s website here.

A new episode of the Talking MARQUES podcast is now available on the MARQUES website and on Spotify.

The podcast looks at the use of artificial intelligence in IP investigations. You can listen to it here.

This episode features Dorine Martin, Head of Group Intellectual Property at Zurich Insurance in Switzerland, a member of the MARQUES Famous and Well-Known Marks Team; Cláudia Tomás Pedro, Counsel with Garrigues Portugal, a member of the Cyberspace Team; and Inês Klinesmith, Director at Mintz Group in the UK, a member of the Education Team.

All three participated in a workshop on the same topic during the MARQUES Spring Team Meeting in Frankfurt in March this year.

In the podcast, Dorine reflects on the workshop and the reasons for organising it. Cláudia discusses how AI can be used in IP investigations and the pros and cons of using it. And Inês provides examples of AI tools that can be useful in investigations and shares some case studies.

The next episode of Talking MARQUES will be available in May.

WIPO has published a new report showing how IP-backed innovation drives growth in the multi-billion-dollar sports industry, supporting athletic excellence and fan enjoyment.

The WIPO Technology SPARK report (pictured) was published to mark World IP Day, 26 April, which this year focuses on the theme “IP and Sports: Ready, Set, Innovate”.

According to the report, between 2016 and 2025, more than 65,700 sports-related inventions were recorded, as well as over 1.25 million trade marks and more than 70,000 designs.

WIPO Director General Daren Tang said in a statement: “Sports is not just about muscle and bone but also about ideas and intangible assets. The club logos that fans are passionate about, the sponsorship deals that link brands with athletes, the technology driving athletic performance, the broadcasting deals that bring sports events to billions of viewers - none of it is possible without IP.  Today, we shine a light on how IP is where sports meets innovation and creativity.

During the period 2016 to 2025, sports trade mark registrations grew by 6.1%, nearly double the overall rate, while designs rose by 8.3%, also far above the global average.

The report highlights geographical trends as well as areas of growth and top applicants.

The top filers of designs in sports in 2025 were Sixon, Decathlon and Callaway.

The top sports-related trade mark owners include Disney, Apple and Amazon, alongside recognised sports brands such as NBA, WWE and Decathlon.

WIPO has formed a workstream on IP and sports and will be stepping up efforts to assist athletes, sports associations and WIPO member states to use IP in this growing area, including in e-sports.

The Organization also announced the winners of the 2026 Video Competition, which invited participants to submit a 90-second video on the theme “Game Changers: IP Powering Sports Innovation”.

First prize went to Kang Cheng (China) for “Sound of Victory: Bridging the Esports Frontier through Accessible Patents,”; second prize to Charlotte Terryn (France) for “I am not a great athlete... Unfortunately”; and third prize to Thekrayat Abu Samra (Jordan) for “Behind every stroke... creativity worth protecting”. The People’s Choice prize went to Neelima Bogadhi (India) for “Kalaripayattu a Traditional Sport: IP and its Protection”.

The winners were chosen from 182 videos submitted.