New Israeli Design Law comes into force

Sa'ar Alon, Partner and head of the Designs Department at MARQUES member Reinhold Cohn & Partners, has contacted Class 99 with the news that Israel's new Design Law came into force on 7 August.

This law replaces the old Designs Ordinance of 1924. It extends design protection from 18 years to 25 years and introduces an absolute novelty requirement. The new Law also regulates unregistered designs. 

The Law provides for statutory damages of up to ILS100,000 ($27,000) for each act of infringement and establishes a criminal offence for intentional copying of a registered design without authorisation.

Sa'ar has provided a full analysis of the new Law on his firm's website. A list of Israeli IP laws and regulations is available on WIPO Lex here.

Posted by: Blog Administrator @ 13.37
Tags: Israel, Design Law, Reinhold Cohn,

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Two more offices join DesignView

EUIPO has announced that the following two offices have made their design data available to the DesignView search tool with effect from 30 July:

  • The National Directorate of Industrial Property under the Ministry of Industry, Energy and Mining of Uruguay (DNPI); and
  • The General Directorate of Intellectual Property of Honduras (DIGEPIH).

DesignView now includes data from 67 IP offices. Since going live in November 2012, it has served more than 3.9 million searches from 163 countries.

These implementations are a result of the IP Key Latin America programme.

Posted by: Blog Administrator @ 12.05
Tags: DesignView, Uruguay, Honduras,

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MONDAY, 23 JULY 2018
Canada joins the Hague Agreement

WIPO published the following announcement on 16 July:

The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to notify the deposit by the Government of Canada, on July 16, 2018, of its instrument of accession to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, adopted at Geneva on July 2, 1999 (the “Geneva Act”).

The Geneva Act will enter into force, in respect of Canada, on November 5, 2018.

Canada is the 69th contracting party to the Hague Agreement, and the 55th to the Geneva Act.

Posted by: Blog Administrator @ 17.51
Tags: Hague agreement, designs, Canada,

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MONDAY, 16 JULY 2018
Hague Agreement seminar in London: report and photos

The latest in the series of events on Mastering The Hague Agreement was held in London on 18 June, just a few days after the UK joined the Hague System

Introducing the seminar, John Coldham of Gowling WLG (a member of the MARQUES Designs Team) commented on the timing coinciding with the FIFA World Cup, and noted that 22 of the 30 nations competing in Russia are in the Hague System.

Gregoire Bisson, Director of The Hague Registry, Brands and Designs Sector, WIPO (pictured right), provided an update on the system in particular relating to the UK, while Victor Caddy of Wynne-Jones, Laine & James (member of the MARQUES Designs Team, pictured far right) offered some tips relating to the disclosure of an industrial design, in particular on which pictures should be used when filing internationally.

Much of the discussion focused on the use of the Hague System by UK designers, and what can be done to encourage more use. Gregoire explained that last year the UK ranked 11th with 186 applications and 522 designs. In the three days after the UK joined the System, there were nine applications.

Gregoire gave some advice to prospective users, including using the e-filing systems to ensure you don’t make any costly omissions, thinking about whether to use shaded lines or photographs, providing as many views as possible along with a legend and explain why you have included or excluded certain views. “What you need to care about is strategy: be savvy and put a bit of thought into your Hague application,” he said.

He added that there are certain pitfalls to be aware of in some countries, such as unity of design (in the US) and product indication (the JPO and KIPO both reject logos in class 32). “You need to help the examiner understand your article,” he advised.

Victor addressed issues including using descriptions and disclaimers and discussed filing designs for graphical user interfaces (GUIs) including by using digital animation files, where available. “How many designs do you need to file? Potentially more than you think,” he said. “You need to be alert, proactive and flexible with filing strategies.” For example, a “hybrid strategy” involving national, regional and Hague applications may provide the best protection.

The seminar concluded with about 30 minutes of discussion with the audience, which comprised about 30 design practitioners. There were lots of questions about using the Hague System in practice, including regarding classification, priority, timing and national procedures.

This post is taken from the latest issue of the HouseMARQUES newsletter - read the full issue here.

Posted by: Blog Administrator @ 16.35
Tags: Hague Agreement, Geneva Act, United Kingdom,

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Register for WIPO seminar on the Hague System

WIPO is holding a seminar on the Hague System for the International Registration of Industrial Designs in Geneva on 19 July 2018. 

The seminar is subtitled "Practical approach and tips to make the most of the ever expanding system".

It features speakers from The Hague Registry, national offices, law firms and companies. The programme is available here (PDF).

Registration is Sfr300 and can be made online. Payment can be made by bank transfer, WIPO current account or credit card. Participants are responsible for their own travel and visa arrangements.

Posted by: Blog Administrator @ 18.23
Tags: WIPO, Hague System, Geneva,

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Hague System expands to UK

Users of the Hague System can now designate the United Kingdom in an international design application.

The UK ratified the 1999 Act on 13 March 2018, and the Act entered into force on 13 June 2018.

The total number of Contracting Parties that can be designated in an international design application is now 68. A list of the Contracting Parties to the Hague Agreement is available on the WIPO website.

For more information see:

Hague System e-filing interface

Hague System information

UK IPO notification regarding ratification

Montenegro joins DesignVIew

In other news, EUIPO has announced that Montenegro has joined Designview.

Designview now contains data from 65 participating IP offices covering 13.6 million designs.

Find out more here.

Posted by: Blog Administrator @ 13.56
Tags: Hague System, UK, UKIPO,

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BREXIT - draft chip law change

The UK Government maintains a page with information on BREXIT legislation here

On the relatively short list of example drafts amending legislation is an intellectual property example, in the form of the draft Design Right (Semiconductor Topographies) (Amendment) (EU Exit) Regulations 2018.  A link to the draft is here, and the explanatory memorandum is here.  This is a form of design protection for semiconductor chips, and it illustrates the complexity of the legislative task facing the UK.  The current law is effectively provided by secondary legislation The Design Right (Semiconductor Topographies) Regulations 1989, which amend Part III of The Copyright Designs and Patents Act 1988 to deal with semiconductor chip designs.   

The current Regulations are made under the European Communities Act, to implement Directive 87/54/EEC, but as the UK and the EU are both bound by other international commitments (specifically Section 6 of TRIPS and the Washington Treaty (aka the Treaty on Intellectual Property in respect of Integrated Circuits or IPIC), so BREXIT makes no difference to the substantive law the UK must provide - it just makes a lot of work for the Parliamentary and departmental draftsmen.

We take some comfort at least from the fact that the UK IPO is in the vanguard in preparing draft legislation.  Even so, it will clearly take some time to get the whole lot written and through Parliament.

Posted by: David Musker @ 16.10
Tags: Brexit, semiconductor topographies,

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