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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 ...

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

Briefing 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. 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 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.

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 ...

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 ...