Presentation of new and recent features in eSearch plus regarding figurative marks, e.g. how to compare similarity of this type type of marks.Speaker: Pablo CORTÉS CARRANZA - Consultant ETMDN Customer Services Department
ESearch Case Law is a search tool which brings a range of trade mark and design decisions together. It helps users conduct searches in EUIPO's trade mark and design databases and also provides IP related judgments from the Court of Justice of the EU and National Courts.Speakers:Daniela PARISI, Consultant - EUIPO - Customer Services DepartmentCliff KÜHN, Consultant - EUIPO - International Co...
This presentation reviews the rules applying to submission of evidence in opposition: right (for parties) to be heard, burden of proof and the Office's duty to state reasons of its decision. Second, the presentation investigates the types of evidence that can be presented.Speaker: Stefano Di Natale - EUIPO - Boards of Appeal
This presentation provides an overview of Article 8(5) of the Regulation, with special emphasis on the arguments to be used to prove that a mark has suffered prejudice. Speaker: Alex SCHIFKO - EUIPO - International Cooperation and Legal Affairs Department
Based on extensive case law, the presentation illustrates the state of the art regarding the requirement of 'individual character' for registration of designs.Speaker: Ludmila CELISOVA - EUIPO - Operations Department
Recent developments in Community Designs: Component parts of Complex products 8-2-2016 (Basic level) (with certificate) Basic
Based on extensive case-law, the presentation reviews the notion of 'components' in complex products.Speaker: Ludmila CELISOVA - EUIPO - Operations Department
This presentation investigates relevant topics related to the (moral) rights of designers when it comes to licensing and transfer of such designs.Speaker: Kelly-Marie BENNETT - EUIPO - International Cooperation and Legal Affairs Department (ICLAD)
Assessment of registrability of shape marks in respect of functionality, substantial value and shape dictated by the nature of the goods 3-3-2016 (Advanced level) (with certificate) Advanced
With a view to changes induced by the Amending Regulation (entry into force on March 23, 2016), this presentation assesses the requirements to be fulfilled for shape marks.Speaker: Mira RAJH - EUIPO - International Cooperation and Legal Affairs Department
The coexistence of the Community Trade Mark system and National Systems gives rise to a number of questions as to what is matter of fact and matter of law. The lecture accounts of how the Courts (General Court and European Union Court of Justice) have considered a number of cases. This issue is further a study 'in vitro' of how European jurisprudence is being created.Speaker: Maria BRA - EUIP...
Scope of the appeal, jurisdiction of the Boards and the notion of Ultra petita 3-3-2016 (Advanced level) (with certificate) Advanced
Case study of the notion of ultra petita as applied to appeals to the Boards of Appeal and in case of appeals before the General Court.Speaker: Virginia MELGAR - EUIPO - Boards of Appeal (BoA)
General Court and Court of Justice procedures in Intellectual Property matters 4-2-2016 (Basic Level) Basic
This presentation reviews the procedures applicable when filing an action before the General Court and/or the Court of Justice of the European Union. This presentation is linked with a number of practical examples.Speaker: Dr. Verena Von BOMHARD (Bomhard IP, Alicante)
Proof of ‘enhanced distinctiveness’, ‘use of more than mere local significance’ and ‘reputation' (Advanced level) (with certificate)
Review of the notions of Use and Reputation as means of argumentation in opposition, invalidity and revocation. Special focus is given to the means of evidencing the use and/or reputation of a mark. Speaker: Jessica LEWIS - EUIPO - Operations Department
Based on extensive case law, the presentation illustrates how the notion of 'the relevant consumer' is interpreted by the Boards of Appeal and the Courts. Speaker: Cristina BERCIAL (Casalonga & Associés)
Proof of transfers: The issue of bankruptcy, partial and assignment in the course of asset purchase agreements 4-3-2016 (Advanced level) (with certificate) Advanced
This presentation reviews shortly the role and the tasks of the Register in relation to documenting and evidencing ownership and/or change of ownership, e.g. in the case of mergers, inheritance.
Non use excuse, recent case law (Intermediate level) Intermediate
Presentation of the notion of 'non use' in (proof of use) opposition proceedings and of some important case law in the area. Speaker: Alexandra KUSTUROVIC - EUIPO - Boards of Appeal
Presentation of the background and achievements of CP7. Harmonisation of Product Indications for RCD applications - based on the Locarno Agreement.Speaker: Lars GOMERO - EUIPO - International Cooperation and Legal Affairs Department
Matters of law and matters of facts: scope and limits of article 76 CTMR (Advanced level) (with certificate) Advanced
Case study of Article 76 of the Regulation: distinction between matter of law and matter of fact. The presentation also investigation this distinction in the light of the principle of the right (by the parties) to be heard.Speaker: Dominika WALICKA - EUIPO - International Cooperaiton and Legal Affairs Department
Since the upcoming of Internet, there has been a recurrent debate as to the importance of digital evidence available on Internet.Speaker: William Trott - EUIPO - Seconded National Expert Boards of Appeal
Review of the evidence to be provided by applicants filing an application of seniority or priority.Speaker: Anja WEBER - EUIPO - International Cooperation and Legal Affairs Department
Res judicata in proceedings before the Office. Dealing with repeated applications (Advanced level) (with certificate) 2-3-2016 Advanced
Case study based on case law and text of the Regulations. The speaker examines the actions to be taken by the Office ( w.r.t. cancellation and revocation) in case of repeated filings of applications. Final decisions (National or at EU level) may in fact have already been taken in such cases. This means that the principle of 'res judicata' applies.Speaker: Lina LAPINSKAITE - EUIPO - Internatio...
This study looks at how digital advertising supports suspected IP infringing websites and quantifies the prevalence and profile of such advertising. It analyses in detail the brands and sectors supporting the websites with their advertising and the ad companies placing those ads. Speaker: Erling VESTERGAARD - EUIPO - Observatory Department