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IP-Watch Summer Interns

IP-Watch interns talk about their Geneva experience in summer 2013. 2:42.

Inside Views

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2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

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5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

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9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

The Politicization Of The US Patent System

The Washington Post story, How patent reform’s fraught politics have left USPTO still without a boss (July 30), is a vivid account of how patent reform has divided the US economy, preempting a possible replacement for David Kappos who stepped down 18 months ago. The division is even bigger than portrayed. Universities have lined up en masse to oppose reform, while main street businesses that merely use technology argue for reform. Reminiscent of the partisan divide that has paralyzed US politics, this struggle crosses party lines and extends well beyond the usual inter-industry debates. Framed in terms of combating patent trolls through technical legal fixes, there lurks a broader economic concern – to what extent ordinary retailers, bank, restaurants, local banks, motels, realtors, and travel agents should bear the burden of defending against patents as a cost of doing business.


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    European Commission Eyes Modernisation Of EU Trademark System

    Published on 28 March 2013 @ 6:07 pm

    By for Intellectual Property Watch

    European Commission plans to update Europe’s trademark system are generally good news for mark owners, a member of European brand owners’ association MARQUES has said.

    In draft documents published on 27 March, the EC said it intends to streamline and harmonise registration procedures; modernise outdated provisions; boost the fight against counterfeit goods transiting through European territory; and improve cooperation between national trademark offices and the EU Office for Harmonisation in the Internal Market (OHIM).

    While practitioners are still studying the details, several key changes will definitely benefit intellectual property rights holders, said David Stone, of Simmons & Simmons in London, a member of the MARQUES Study Task Force which analysed them.

    Europe’s trademark system “has stood the test of time,” Internal Market and Services Commissioner Michel Barnier said at a 28 March press briefing. “There is no need for a major overhaul: the foundations of our system remain perfectly valid.” Rather, he said, the EC wants “well-targeted modernisation to make trademark protection easier, cheaper, and more effective.”

    The legislation package has three parts. One [pdf] is a “recast” of Directive 2008/95/EC, which brings national laws on trademarks closer together. The second [pdf] revises a 1994 regulation (207/2009/EC) on the European Community trademark. The third piece revamps a 1995 EC regulation on trademark fees payable to OHIM. An EC memo on the proposed change is here.

    Among other things, the draft measures change the terminology “Community trade mark” into “European trade mark” and set out streamlined filing and registration procedures. They remove the requirement that a trademark have “graphic representability,” allowing sounds and other marks using new technologies to be registered. The new system, if adopted, will extend protection to geographical indications. It also requires mandatory cooperation between OHIM and national IP offices to promote convergence of practices and development of common tools.

    Application and Renewal Charges Fall

    One key change will see OHIM move from a three-class to a pay-per-class system. Stone told Intellectual Property Watch. Trademarks on products and services are registered according to 45 classes established years ago, he said. For example, Class 32 relates to non-alcoholic beverages and beers, Classes 35-45 to entertainment, legal and other services, he said. Trademark applicants who file now get three classes for the 900-euro fee whether they actually need all three or not, but under the new regime they will be able to seek marks in only one class for a fee of 775 euros. Renewal rates will drop for everyone, he said.

    This is good for trademark owners because in general, application fees will decrease or stay the same and applicants will have more choice, Stone said. Where there has traditionally been concern is from national trademark offices. When it becomes less expensive to file at OHIM and obtain protection across the entire EU, those bodies may worry about lost revenue, he said.

    Tougher Anti-Counterfeiting Rules

    Another major shift concerns EU customs procedure, Stone said. Under current rules, goods on the tarmac at, say, Heathrow Airport which are in transit from China to the US aren’t considered to be in the EU or subject to EU trademark law, he said. If those goods are counterfeit, there’s nothing mark owners can do because of that “legal fiction,” he said.

    Under a 1 December 2011 European Court of Justice ruling (Cases C-446/09 Philips and C-495/09 Nokia), such goods can only be classified as counterfeit when there is proof that they’re intended for sale or will be advertised in the EU, the EC proposal says. That approach has “met with strong criticism from stakeholders as placing an inappropriately high burden of proof on rights holders, and hindering the fight against counterfeiting,” it says. The EC proposed allowing rights owners to stop third parties from bringing into EU customs territory goods from non-EU countries carrying unauthorised trademarks essentially identical to the European marks registered for those products, whether they are released into circulation or not.

    The directive and regulation must be approved by the European Parliament and Council; the new fees by the relevant EC committee on OHIM fees. EU member states are bound by regulations as soon as they become effective, but have some leeway as to how they adopt directives into national law. If the proposed directive is approved by spring 2014, it will have to be made part of national legislation by 2019, the EC said.

    Dugie Standeford may be reached at info@ip-watch.ch.

     

    Comments

    1. Europeisk lag gäller i Europa « ameliaandersdotter.eu says:

      [...] MARQUES gör det väldigt tydligt vad de är ute efter: företrädaren David Stone vill att det ska bli lag på att varor som ompackas vid europeiska hamnar eller flygplatser ska falla under europeisk lag. [...]


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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