This document discusses the potential introduction of a new EU scheme to protect geographical indications (GIs) for non-agricultural products. It notes that the EU Commission is considering such a scheme to remedy insufficient protection of non-agri GIs and improve negotiations with other countries. The new scheme would be open to GIs from third countries and could have an exhaustive scope. The document also examines how this new scheme could impact trademark protection by providing additional grounds for refusing trademark applications that conflict with protected non-agricultural GIs. It argues that simplification and alignment of GI protection across the EU and other countries would make the system more efficient.
As a blogger you start off with zero traffic. Only you and your mother are visitors to the site and you are hoping and dreaming for that real visitor. Then when you get one visitor you want another and then you’re dreaming about getting a thousand visitors a day and then the expectations grow and grow.
As a blogger you start off with zero traffic. Only you and your mother are visitors to the site and you are hoping and dreaming for that real visitor. Then when you get one visitor you want another and then you’re dreaming about getting a thousand visitors a day and then the expectations grow and grow.
Geographical indications trade in goods key legal issues_implications for afr...Susan Isiko
Geographical Indications, Africa, Caribbean and Pacific group of Nations, trade in goods, key legal issues, competition, agricultural products, market access, crafts, wines and spirits
Glyn Moody - Trade deals: what are we trading away?glynmoody
Trade deals are proliferating. The claim is they boost economies. The reality is rather different, and the costs - especially for those in the farming sector - are high. Too high to accept, in fact.
Module 6 - Basical knowledge on intellectual property protection in social e...szpinter
Module 6 - Basical knowledge on intellectual property protection in social enterprises
The SENSES project co-funded by the European Union funds (ERDF and IPA)
For more information check the official website: http://www.interreg-danube.eu/senses
Case studies on cross-border injunctions
Pascal Böhner, BARDEHLE PAGENBERG Partnerschaft mbB, Attorney-at-Law
I. Obtaining injunctions abroad
Case 1: Cupcake wars
Case 2: Nintendo/BigBen
Case 3: Coty / B.O Zacobi (IT)
Case 4: Condenser for air conditioning unit
II. Injunctions against intermediaries
III. Precautionary measures/Preliminary injunctions
IV. Scope of injunction
BGH, judgment of 11 October 2017 - I ZB 96/16
Requirements for compliance with injunction orders
--> Liability to cease and desist = Liability for removal???
Lesson Three | Principal Legal Obligations under WTO LawSimon Lacey
This is the third in a five-part series of lectures on WTO law and policy given at the Masters in Trade, Investment and Competition (MTIC) Program of the University Pelita Harapan Graduate School
Anti-Counterfeiting and Brand Protection Strategies for ChinaQuarles & Brady
China is reported to be the source of over 86% of counterfeits worldwide with a $396B impact on global companies. Whether you produce, sell or have nothing to do with China, China counterfeits should be on your radar. For those who have made attempts to fight counterfeits or infringers in China, you may be tired of playing the "whack-a-mole" game of endless Alibaba take-downs and raids of small Chinese factories in remote areas. So are we, which is why Quarles & Brady’s China Trademark duo employs different strategies that can yield more meaningful results. Join us to learn more.
Grafting the Old and New World: Towards a Universal Trademark Register that ...Danny Friedmann
Territoriality is one of the important principles of trademark law; however, the principle of territoriality is problematic and leads to many conflicts in the era of globalized trade and e-commerce. The European Union (EU) and Switzerland have a doctrine of maximalist protection of Indications of Geographical Origin (IGOs) via public orchestrated registers that defy the territoriality principle. The EU and Switzerland face concomitant problems to promote rural development and authentic quality products based on their terroir. In contrast, the US and other New World countries are harnessing their existing trademark systems to protect IGOs and further innovation. US and other New World countries are also letting products with generic geographical names compete in their home and international markets.
Specificity, protecting a sign only for designated goods or services, is another important principle of trademark law that can be and has been criticized. Without specificity, non-competitors would not be allowed to erode or tarnish the distinctiveness of a sign, no matter whether it is a trademark or IGO.
The Geographical Indications (GI) provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) are the legal result of a political compromise between Old and New World countries. Where the two camps did not succeed multilaterally, they each have pursued their policy aspirations within their national jurisdiction and internationally via Free Trade Agreements (FTAs) and specialized bilateral IGO agreements. In 2019, the People’s Republic of China (PRC), one of the most important growth markets for IGOs, signed a specific IGO agreement with the EU, and in 2020 an FTA with the US which includes preferential IGO-related provisions. These recent normative developments suggest that the PRC’s IGO obligations are being rearranged. Combining the best of both systems, could create vital hybrids that could lead the way to new IGO standards for a future multilateral IGO agreement.
Problem practices in Competition Law - Presentation to CMA AcademyNicolas Petit
This presentation addresses the issue of the gap practices, that do not facially fall fould of the classic antitrust prohibitions (eg, planned obscolescence, shrouding, IP tracking, etc.). It adresses the issue of default legal instruments, such as Section V of the FTC act. A paper on this is in the making.
Geographical indications trade in goods key legal issues_implications for afr...Susan Isiko
Geographical Indications, Africa, Caribbean and Pacific group of Nations, trade in goods, key legal issues, competition, agricultural products, market access, crafts, wines and spirits
Glyn Moody - Trade deals: what are we trading away?glynmoody
Trade deals are proliferating. The claim is they boost economies. The reality is rather different, and the costs - especially for those in the farming sector - are high. Too high to accept, in fact.
Module 6 - Basical knowledge on intellectual property protection in social e...szpinter
Module 6 - Basical knowledge on intellectual property protection in social enterprises
The SENSES project co-funded by the European Union funds (ERDF and IPA)
For more information check the official website: http://www.interreg-danube.eu/senses
Case studies on cross-border injunctions
Pascal Böhner, BARDEHLE PAGENBERG Partnerschaft mbB, Attorney-at-Law
I. Obtaining injunctions abroad
Case 1: Cupcake wars
Case 2: Nintendo/BigBen
Case 3: Coty / B.O Zacobi (IT)
Case 4: Condenser for air conditioning unit
II. Injunctions against intermediaries
III. Precautionary measures/Preliminary injunctions
IV. Scope of injunction
BGH, judgment of 11 October 2017 - I ZB 96/16
Requirements for compliance with injunction orders
--> Liability to cease and desist = Liability for removal???
Lesson Three | Principal Legal Obligations under WTO LawSimon Lacey
This is the third in a five-part series of lectures on WTO law and policy given at the Masters in Trade, Investment and Competition (MTIC) Program of the University Pelita Harapan Graduate School
Anti-Counterfeiting and Brand Protection Strategies for ChinaQuarles & Brady
China is reported to be the source of over 86% of counterfeits worldwide with a $396B impact on global companies. Whether you produce, sell or have nothing to do with China, China counterfeits should be on your radar. For those who have made attempts to fight counterfeits or infringers in China, you may be tired of playing the "whack-a-mole" game of endless Alibaba take-downs and raids of small Chinese factories in remote areas. So are we, which is why Quarles & Brady’s China Trademark duo employs different strategies that can yield more meaningful results. Join us to learn more.
Grafting the Old and New World: Towards a Universal Trademark Register that ...Danny Friedmann
Territoriality is one of the important principles of trademark law; however, the principle of territoriality is problematic and leads to many conflicts in the era of globalized trade and e-commerce. The European Union (EU) and Switzerland have a doctrine of maximalist protection of Indications of Geographical Origin (IGOs) via public orchestrated registers that defy the territoriality principle. The EU and Switzerland face concomitant problems to promote rural development and authentic quality products based on their terroir. In contrast, the US and other New World countries are harnessing their existing trademark systems to protect IGOs and further innovation. US and other New World countries are also letting products with generic geographical names compete in their home and international markets.
Specificity, protecting a sign only for designated goods or services, is another important principle of trademark law that can be and has been criticized. Without specificity, non-competitors would not be allowed to erode or tarnish the distinctiveness of a sign, no matter whether it is a trademark or IGO.
The Geographical Indications (GI) provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) are the legal result of a political compromise between Old and New World countries. Where the two camps did not succeed multilaterally, they each have pursued their policy aspirations within their national jurisdiction and internationally via Free Trade Agreements (FTAs) and specialized bilateral IGO agreements. In 2019, the People’s Republic of China (PRC), one of the most important growth markets for IGOs, signed a specific IGO agreement with the EU, and in 2020 an FTA with the US which includes preferential IGO-related provisions. These recent normative developments suggest that the PRC’s IGO obligations are being rearranged. Combining the best of both systems, could create vital hybrids that could lead the way to new IGO standards for a future multilateral IGO agreement.
Problem practices in Competition Law - Presentation to CMA AcademyNicolas Petit
This presentation addresses the issue of the gap practices, that do not facially fall fould of the classic antitrust prohibitions (eg, planned obscolescence, shrouding, IP tracking, etc.). It adresses the issue of default legal instruments, such as Section V of the FTC act. A paper on this is in the making.
Merkenoppositie in Italië - Inleiding en vergelijking met het CTM systeem
ECTA2015_Non-agri GIs and their impact on TMs_Edith Van den Eede
1. Incoming non-agri GIs
and their impact on trade marks
Edith Van den Eede
Trademark Attorney - Rome, Italy
2. TOPICS
I. GIs: What‘s cooking ?
II. New non-agri GI scheme
III. Impact on trade marks
3. I. GIs: What‘s cooking
1. Geneva Act Lisbon Agreement
2. EU Commission initiative to introduce new
non-agri GI scheme
3. GI: beautiful stranger?
4. II. Incoming non-agri GIs
1. TRIPS obligations (>< misleading / unfair competition)
2. EU level: currently 4 autonomous Regulations
- Quality Regulation agricultural products & foodstuffs
- Regulation establishing Single CMO for wines
- Regulation on spirit drinks
- Regulation on aromatised wine products
- („TRIPS plus“)
3. No harmonisation/unitary EU rules to protect non-
agricultural, industrial & artisanal GIs
5.
6. II. Incoming non-agri GIs
4. Aim:
- protecting traditional know-how and cultural
heritage linked with a specific „terroir“
- remedy insufficient protection (outcome public
consultation – current different protection levels)
- improving negotiations with third countries
5. New scheme:
- open to GIs from third countries (TRIPS)
- exhaustive in nature? (Bud I & Salame Felino II)
7. • Study on GI protection for non-agri
products in the Internal Market
(March 2013) - Public hearing
(April 2013)
STUDY on non-agri GI protection
•Green Paper on possibile extension of EU GI
protection to non-agri products (July 2014)
•Public consultation (ended October 2014)GREEN PAPER
• Conference with stakeholders on preliminary results of
the public consultation (January 2015)
• Working doc. Legal Affairs Committee of EU Parliament
PUBLIC
CONSULTATION
• Draft report on possible extension by rapporteur Legal Affairs
Committee of European Parliament (April 2015)
• ……
Non-agri
GI
scheme?
6. New scheme: the making of
9. III. Impact on trade marks
1. Additional absolute refusal grounds:
- Additional pool of GIs (TM clearance!)
- Relationship TMs & GIs
SHALL WE
CO-EXIST NOW,
OR SHALL WE
CO-EXIST LATER?
10. III. Impact on trade marks
1. Additional absolute refusal grounds:
- direct impact on OHIM & national PTOs
‘Legislative Package‘ :
national TM offices & OHIM must refuse ex
officio applications in violation of PGIs
(„pursuant to Union legislation or international
agreements to which the Union is party“)
11. III. Impact on trade marks
1. Additional absolute refusal grounds:
- Example
Italian TM MURANO À PORTER VS
cl. 14 and 21
-> after submission of GI application: refusal for product of the same type
-> before submission: under certain circumstances co-existence possible
(Art. 24.5 TRIPS: good faith + acquired before GI protection country of origin
Art. 14 Quality Reg.1151/12 >< Art. 17 Reg.2081/92 accelerated proceedings)
-> no GI registration only where prior TM‘s reputation, renown and length of
use would be liable to mislead consumers as to the true identity of product
12. III. Impact on trade marks
1. Additional absolute refusal grounds:
- Example
Italian TM MURANO À PORTER VS
cl. 14
TM MURANO THERAPY VS
ROYAL BAIN DE MURANO
cl. 3
-> after submission of GI application: refusal or annulment where
exploitation of reputation (even if products - or services - that are not
comparable)
13. III. Impact on trade marks
2. Need for simplification and
alignment
-overall complexity
(EU - 3rd countries - Lisbon GIs)
-> detrimental to the system‘s efficiency & visibility
-single & horizontal legal framework for EU unitary protection and
enforcement for all GIs (with clear provisions & single database)
-registration process & administration of single GI database
centralized under 1 body (OHIM? Cf. Legal Affairs Committee EU Parliament)