THE FUTURE OF THE EU TM SYSTEM. Dimitris Botis 31/03/2016

Transcription

1 THE FUTURE OF THE EU TM SYSTEM Dimitris Botis 31/03/2016

2 WHEN: ADOPTION CALENDAR SEP OCT NOV DEC JAN FEB MAR APR MAY JUN

3 WHY? MAIN OBJECTIVES Foster innovation and economic growth by making the system more accessible and efficient in terms of: lower costs and complexity, increased speed, SEP greater predictability and legal certainty. OCT NOV DEC JAN FEB MAR APR MAY JUN Provide a formal legal basis and secure a sustainable source of funding for the cooperation withnational Officesfrom OHIM sbudget. Align certain aspects of OHIM governance to the Lisbon Treaty and the EU Common Approach on decentralized agencies.

4 WHAT? SUBSTANTIVE CHANGES ABSOLUTE GROUNDS FOR REFUSAL Abolishment of the graphic representation requirement ( ) Extension of the functionality prohibition to other characteristics. SEP All encompassing OCT NOV reference DEC to JAN EU legislation FEB on MAR PGIs/PDOs. APR MAY JUN Express ground regarding conflicts with Plant Variety Denominations. Express ground regarding conflicts with Traditional Terms.

5 WHAT? SUBSTANTIVE CHANGES SPECIFICATION OF GOODS & SERVICES Express requirement for clarity and precision. Based on the natural and usual meaning of terms. SEP Express OCT basis NOV for rejection DEC injan case of FEB no compliance. MAR APR MAY JUN Transitional 6 month period for amending the register for owners of trade marks filed before the Judgment in IPTranslator.

6 WHAT? SUBSTANTIVE CHANGES FEE STRUCTURE AND LEVELS New one-fee-per-class system: Extra fee payable after the first class. Moderate reduction of the application fee. SEP Substantial OCT reduction NOV of DEC the renewal JAN fee. FEB MAR APR MAY JUN Slightly lower opposition, cancellation and appeal fees.

7 WHAT? SUBSTANTIVE CHANGES NEW SIMPLIFIED FEE STRUCTURE FOR EU TRADE MARKS TYPE OF MARK FIRST CLASS EXTRA CLASSES PAPER E-FILING SECOND THIRD ADDITIONAL INDIVIDUAL RENEWAL COL/CERT REN. COL/CERT

8 WHAT? SUBSTANTIVE CHANGES CERTIFICATION MARKS Introduction of EU Certification Marks ( ) Separate category, independent from Collective Marks Capable of distinguishing goods certified by the proprietor in respect of material, mode of manufacture, quality, accuracy or other characteristics. Certification cannot be inrelation to geographical origin.

9 WHAT? SUBSTANTIVE CHANGES TERMINOLOGY Name of the Office: OHIM becomes EUIPO The CTM becomes EUTM and the CTMR becomes EUTMR The President becomes Executive Director with the VP as his Deputy. The Administrative Board becomes Management Board

10 WHAT? INSTITUTIONAL CHANGES GOVERNANCE OF THE OFFICE Changes in the composition and functioning of the governing bodies: 2 seats for the Commission and 1 seat for the Parliament in MB. Voting: Absolute Majority, for specific matters 2/3 Qualified Majority. Enhanced competencies for MB. Election of Senior Officials Term of Director, Deputy, President BoA, Chairpersons, extendable once. Candidates may be called to make statements before Parliament.

11 WHAT? INSTITUTIONAL CHANGES COOPERATION ACTIVITIES Express legal basis for International Cooperation. Clear framework for cooperation with National Offices Detailed list of cooperation activities (non-exhaustive), To promote convergence of practices and tools, In the form of Projects, approved by the Management Board, After consulting the Users, Financed from the Office s budget, up to 15% of its yearly revenue.

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13 Presentation Status DRAFT / APPROVED Approved by owner - Authors Contributors Revision history Version Date Author Description 0.1 DD/MM/YYYY 0.1 DD/MM/YYYY 0.1 DD/MM/YYYY