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The EU Trademark reform package

14-12-2015

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 ...

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 the Trademark Directive as well as for adjusting the fees payable to OHIM. The Commission's main objective in proposing this reform was to make the EU trademark system more accessible, efficient and less costly for business. The new legislation specifically aims at simplifying, accelerating and harmonising trademark application procedures; at increasing legal certainty by clarifying some provisions; at ensuring better coordination between the EU trademark agency and national offices for the purpose of promoting convergence of practices and common tools; at putting the legislation into line with the Lisbon Treaty; and at updating the governance rules of the EU trademark agency.

Agreement on Community trademark reform

08-12-2015

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 ...

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 in PDF format

Trademark reform package

20-02-2014

For more than 15 years there has been a dual system of trademark law in Europe: an EU-wide Community trademark, and harmonised national trademarks. The Commission proposal aims at more harmonisation and coordination, but does not address trademark-related concerns over free expression. The Parliament's Legal Affairs Committee has put forward numerous amendments, in particular explicitly allowing to use trademarks for purposes of parody, artistic expression, crticism or comment, as well as for offering ...

For more than 15 years there has been a dual system of trademark law in Europe: an EU-wide Community trademark, and harmonised national trademarks. The Commission proposal aims at more harmonisation and coordination, but does not address trademark-related concerns over free expression. The Parliament's Legal Affairs Committee has put forward numerous amendments, in particular explicitly allowing to use trademarks for purposes of parody, artistic expression, crticism or comment, as well as for offering genuine products, intended as alternatives for well-known brands.

Trademark law in the European Union: Current legal framework and proposals for reform

27-09-2013

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 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.

EU Trade Mark Regime: Initial Appraisal of the Commission's Impact Assessment

15-07-2013

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 ...

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 relating to trade marks (recast) (COM (2013) 162).

Implementation of Optional Instruments within European Civil Law

16-01-2012

This study examines how European optional instruments are implemented in the Member States. It covers civil law and provides a comprehensive analysis of this innovative method, which although adopted in various fields (civil procedure, intellectual property, companies), was not organised or even clearly identified as such by the European legislator until a proposal for a regulation on a Common European Sales Law (11 October 2011) revealed its full potential. The study, which is based on field surveys ...

This study examines how European optional instruments are implemented in the Member States. It covers civil law and provides a comprehensive analysis of this innovative method, which although adopted in various fields (civil procedure, intellectual property, companies), was not organised or even clearly identified as such by the European legislator until a proposal for a regulation on a Common European Sales Law (11 October 2011) revealed its full potential. The study, which is based on field surveys conducted using a detailed questionnaire, identifies the strengths and weaknesses of this method and poses thought-provoking questions for the future.

Autor extern

Bénédicte FAUVARQUE-COSSON (Université Panthéon-Assas, Paris II, France , Trans Europe Experts - TEE) and Martine BEHAR-TOUCHAIS (Sorbonne School of Law, Paris I, France , Trans Europe Experts - TEE)

Study on Safety and Liability Issues Relating to Construction Products

17-01-2008

Autor extern

Ms Janne Sylvest Ms Hanna-Maija Saarinen Ramboll Management Nørregade 7A DK – 1165 Copenhagen K DENMARK

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