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Parliament's negotiating position on the standard essential patents regulation
On 27 April 2023, the Commission submitted its proposal for a regulation on standard essential patents (SEPs). During its second February 2024 plenary session, Parliament is to vote on the report adopted by its Committee on Legal Affairs. This would set Parliament's position for trilogue negotiations with the Council on the proposal.
Revision of the EU legislation on design protection
The proposals to amend Council Regulation (EC) No 6/2002 (the Community Design Regulation) and in parallel to recast Directive 98/71/EC (the Design Directive) aim to align the design protection system in the EU with the digital age and make it more accessible and efficient for applicants. In terms of digitalisation, the proposed update of the requirements for representing designs would allow applicants to file new digital design types (e.g. by using 3D printing technologies). In terms of efficiency ...
Intellectual property: Regulation on standard essential patents
The problem definition appears to be well supported by evidence. The impact assessment provides a sufficient range and description of the options. However, the five options are cumulative; it is questionable whether they fully qualify as alternative options under the Better Regulation Guidelines. The assessment of the options' impacts (economic, social, environmental, fundamental rights) is qualitative and quantitative. It appears to be based on sound research and analysis, with clear acknowledgement ...
Implementation and functioning of the '.eu' top level domain name
The scope of the problem could have been defined in more precise terms. Furthermore, it remains unclear how the proposed options could help achieve one of the two general objectives of the initiative namely enabling or building an online European identity as the options (including the preferred one) are mostly concerned with the technical improvements of the regulatory framework. Stakeholder views do not appear to be fully reflected in the report and it is unclear how they fed into the IA. A more ...
An EU intellectual property policy to boost innovation
Intellectual property (IP) lies at the heart of innovation and competitiveness around the world as well as in the European Union, and intellectual property rights (IPRs) are protected mainly through patents, trade marks and copyright. IPRs enable individuals and companies to earn recognition and/or financial benefit from what they invent or create. By striking the right balance between innovators and public interest, IP aims to foster an environment in which creativity and innovation can flourish ...
The EU Trademark reform package
The Commission, the Council and the European Parliament (EP) have reached a second-reading agreement on the trademark reform package. Following the Legal Affairs Committee reports adopted on 3 December 2015, the EP plenary is set to approve the amended legislation and the renaming of the Office for Harmonization in the Internal Market (OHIM) as 'European Union Intellectual Property Office'. In March 2013, the Commission presented a package of proposals for amending the Trademark Regulation and ...
Agreement on Community trademark reform
The Commission, the Council and the European Parliament (EP) have reached a second-reading agreement on the trademark reform package. The Council accepted a significant number of amendments introduced by the EP. Following the Legal Affairs Committee reports adopted on 3 December 2015, the EP plenary is set to approve the amended legislation and the renaming of the 'Office for Harmonization in the Internal Market' as 'European Union Intellectual Property Office'. Please click here for the full publication ...
Trademark law in the European Union: Current legal framework and proposals for reform
The legal framework for trademarks in the EU is based on the coexistence of national trademarks systems, harmonised by a Directive since 1988, and a unitary Community Trademark, introduced in 1994 by a Regulation. In March 2013 the Commission adopted a reform package for EU trademark law.
The Income of Fully Self-Financed Agencies and the EU Budget
This study analyses the determination of fees, the treatment of budgetary surpluses and the discharge procedure of the two fully self-financed EU agencies, namely the Community Plant Variety Office (CPVO) and the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM). In this regard, it describes the current legal situation and discusses issues such as governance structures and rules on fee determination and the treatment of surpluses. The study presents and examines current ...
EU Trade Mark Regime: Initial Appraisal of the Commission's Impact Assessment
This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying the following proposals, submitted on 27 March 2013: Commission proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 207/2009 on the Community trade mark (COM (2013) 161; and Commission proposal for a Directive of the European Parliament and of the Council to approximate the laws of the Member States ...