MARQUES: reactie op gelekte voorstellen tot herziening Europees merkenrechtelijk systeem

World Trademark Review bericht: "Almost two years after the Max Planck Institute published its Study on the Overall Functioning of the European Trademark System, details of proposed changes to the European framework are emerging. According to the latest draft documents obtained by WTR, a re-named OHIM, lower fees and the introduction of European certification marks are all on the cards.

(...) The proposals are designed “to foster innovation and economic growth by making trademark registration systems all over the EU more accessible and efficient for businesses in terms of lower costs and complexity, increased speed, greater predictability and legal security. These adjustments dovetail with efforts to ensure coexistence and complementarity between the Union and national trademark systems”. Drilling down, the proposal for a Regulation of the European Parliament and of the Council amending the Community Trademark Regulation (207/2009) outlines five specific aims:

- adapting terminology to the Lisbon Treaty and provisions to the Common Approach on decentralised agencies;
- streamlining procedures to apply for and register a Community trademark;
- increasing legal security by clarifying provisions and removing ambiguities;
- establishing an appropriate framework for cooperation between OHIM and national offices for the promoting of convergence of practices and developing common; and
- aligning the framework to Article 290 of the Treaty on the Functioning of the European Union.

Lees hier meer.

World Trademark Review bericht: "Last month WTR presented analysis of leaked documents detailing proposed changes to the European trademark framework (including amendments to the Community Trademark Regulation (207/2009), a recasting of the Trademarks Directive and an overhaul of the filing fees regime), as well as initial industry reaction. Today MARQUES issued a lengthy 24-page information note on the documents, providing a user perspective and detailing the good, the bad and the missing aspects of the proposals.

One of the commentators WTR interviewed in February was Tove Graulund, chair of the MARQUES Study Task Force (and principal of Graulund IP Services). Many of her initial observations have been echoed in the more detailed review; however the organisation is at pains to note that, while the review presents initial reactions, it should not be viewed as representing official positions, which will only be issued once the Commission launches its proposals. (...)

It remains to be seen whether subsequent changes are made to the documents before official publication and adoption, at which point MARQUES suggests a two-year implementation window. Similarly, MARQUES points to a number of issues that were raised by the Max Planck Study and by user groups that have not been adopted into the drafts. (...) Whether or not some of MARQUES’ desired changes appear in the final documents, there is clearly going to be debate once the proposals are officially published. In the meantime, the 24-page note issued by MARQUES, available here, makes for essential reading for those practitioners who do not have access to the leaked documents.

Lees hier meer. Het rapport van Marques vindt u hier.