oriGIn Alerts 18 July 2018: #EUIPO #DGAGRI #Alicante #Brexit #Japan #EU #EPA #Bilaterals

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#EUIPO #DGAGRI #Alicante: Conference on Trade Marks and Geographical Indications, Future Perspectives

On 3-4 October, a conference on “Trade Marks (TM) and Geographical Indications (GIs): Future Perspectives” will be held in Alicante, co-organized by the EUIPO and DG AGRI.

The conference will tackle interesting issues such as GIs as earlier rights in TM opposition procedures, the ECJ case law and the protection of non-agricultural GIs. oriGIn has been invited to speak on the future perspective for users related to the interface between GIs and TM (see the conference program & information on registration @ https://euipo.europa.eu/ohimportal/en/trade-marks-and-geographical-indications-conference).

This event will be an interesting opportunity to reiterate oriGIn views on some crucial issues, such as the obligations for the EUIPO and national trademark offices to refuse trademark applications in conflict with GIs, the importance of a uniform interpretation of the EU GIs Regulations as infringements become more sophisticated (evocations, use of GIs used as ingredients, … ) and litigation raises (“Verlados”, “Glen Buchenbach”, “PDO QUESO MANCHEGO vs. INDUSTRIAL QUESERA CUQUERELLA”, “Champagner Sorbet”, “PORT CHARLOTTE”, … ) as well as the need of setting-up a EU system for the recognition and protection of non-agricultural GIs. If your organization wishes oriGIn to mention a specific issue at the conference, please do not hesitate to write to massimo@origin-gi.com  – To learn more about oriGIn campaigns on GIs and trademarks, have a look @ the GIs & TMs section , @ the Enforcement section and @ the Non-agricultural GIs section .


#Brexit: oriGIn pushes for legal certainty for GIs beneficiaries and consumers

On 12 July, the UK government published its latest White Paper on Brexit , which among other issues touches upon GIs. 

The document though leaves several questions unanswered. While the paragraphs on GIs (38 and 39) go in the right direction in terms of general principles, no details were given about certain crucial elements of the GIs system the UK will set-up, in particular there is still no commitment to the continuation of protection of existing GIs. A paper oriGIn published earlier this year and sent to both the EU and UK negotiators emphasizes the need to reduce the legal uncertainty for GI beneficiaries as well as consumers in the UK and the EU, and urges the UK to ensure the maximum retention of rights for GI beneficiaries, equal to the level of protection currently enjoyed, with minimal burden and costs. The paper also mentions the importance of reducing trade disruption.

oriGIn position on Brexit was mentioned, together with the comments of other international experts, in an interesting article published on 13 July by the World Intellectual Property Review (WIPR), available @ https://www.worldipreview.com/news/mixed-ip-reaction-to-brexit-white-paper-16323   


#Japan #EU #EPA #Bilaterals: Signature of Economic Partnership Agreement

On 17 July, at the EU-Japan summit in Tokyo, the Economic Partnership Agreement (EPA) has been signed.

On GIs, the Agreement provides for the protection for more than 200 EU GIs in Japan (with a number of exceptions and limitations), as well as 56 Japanese GIs in the EU (see Annex 14 B – List of Geographical Indications).  The relevant rules on GIs can be found in articles 14.22 to 14.30 .




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