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ECtA
and fall short of the accepted benchmark. To this for improvement and future development, and internal market that functions properly and offers
end, ECTA is actively promoting the principle therefore provide a solid foundation for the conditions that are similar to those in national
of solidarity. It is also necessary to put more review of the trademark systems. markets. ECTA’s vision is that the Community and
emphasis on benchmarking and establishing national systems should be mutually competitive
The Commission awarded the contract for the
common performance standards. These should and co-operative. With this in mind, uniformity,
study to the Max Planck Institute for Intellectual
include performance indicators, best practices
keeping up to date and user-friendliness should be
Property, Competition and Tax Law in Munich.
and user-satisfaction surveys, processing times
the cornerstones of a future EU trademark system.
This institute has considerable expertise in the IP
from application to registration and access to
field, which will surely be necessary to undertake Besides these two important projects, the
up-to-date data.
this ambitious task in such a short time frame: European community of trademark practitioners
ECTA has already organised several roundtables preliminary results should be available this
closely followed developments relating to
in collaboration with the OHIM and national spring and the final report is expected by the end
geographical indications (notably in connection
trademark offices to help stakeholders have a of the year.
with the World Intellectual Property Organization
better understanding of the impact of OHIM’s
(WIPO) survey of October 21, 2009 on the
Given that 20 years have elapsed since the
activities and the CTM system in different
Lisbon System).
directive on trademarks was launched and
member states. The roundtables also allow
approximately 15 years have passed since the
In addition, domain name administrator ICANN’s
stakeholders to learn from the experience of the
Community Trademark Regulation came into
plan to introduce an unlimited number of new
respective users. By repeating these roundtables
force, the time is certainly ripe for a closer look at
generic top level domain name extensions in
on identical topics in the various EU member
how the European trademark system functions.
an unstructured manner has sparked interest.
states, ECTA hopes to help further harmonise
Together with other trademark associations,
current different practices in the EU.
ECTA considers it important that both the CTM
ECTA has voiced its concern that such plans could
and national systems are thoroughly scrutinised
The training of national trademark examiners
confuse consumers who depend upon trademarks,
along with the relationship between the two systems.
should also improve the trademark system.
and expose trademark owners to unnecessary
Symposiums or courses at OHIM and at local
risk and expense in policing their trademarks.
ECTA is most willing to put its resources at the
level would be beneficial, especially if they involve
Many ECTA members believe that it is ICANN’s
disposal of the Max Planck Institute and the
examiners from OHIM’s Opposition Division,
‘family’ (registry operators and registrars), who
Commission. With members all over Europe,
Board of Appeals and Cancellation Division.
stand to profit from new gTLDs, that has been
ECTA is able to gather information on how the
For the benefit of users, training should also be
driving the process forward despite IP community
systems work and support the Commission in
provided to all national authorities dealing with
concern that the overarching issues (i.e. malicious
finding ways and means to improve both the
the prosecution and enforcement of trademark
behaviour, security and stability, economic impact
CTM and the national systems.
rights, primarily judges of the national courts
and rights protection) identified by ICANN have
(civil/commercial and criminal), and also police
When carrying out the study, and particularly
yet to be adequately addressed.
and customs officers.
when formulating the needs for and proposals
for improvement, ECTA considers it important
More resources should be allocated to facilitate
that due recognition is given to the fact that 90 Annick Mottet Haugaard is the first vice-
information exchange between IP players such as
percent or more of all entities active within the president of ECTA, and a partner and leads
customs authorities, by supporting and hosting
EU are small and medium-sized enterprises. The the IP team at Lydian. She can be contacted at:
a unique and common database ensuring access
true needs of these companies must be clearly annick.mottet@lydian.be
for all EU customs authorities to the information
understood when attempting to improve the
provided by rights owners on their products European trademark system.
and rights referred to in their EU and national
customs applications. More resources should also
SMEs demand the further harmonisation of
be allocated in order to create more complete
national trademark regimes and the improvement
databases of court decisions.
of the CTM system, including their respective
practices. When doing this, consideration must
These proposals are without doubt in line with be given to the relevant benchmarks to be used.
users’ needs and will help to accomplish the aims
of the Cooperation Fund.
Some of the features of other trademark systems
(such as the US system) could be helpful. ECTA
2009 also saw another significant development and the Commission will therefore organise a
Annick Mottet Haugaard
in the EU’s trademark system. The foundations separate roundtable on March 23, 2010 to study
for reform of the system were laid down. The and compare what particular benchmarking
Annick Mottet Haugaard’s practice
European Commission launch in July 2009 of a exercise should be adopted.
encompasses areas linked to the launching
tender for the study of the overall functioning
and marketing of products and services,
of the trademark system in Europe was the first
ECTA believes in the need to strike a fair and
focusing on IP issues. She has solid experience
stone of the edifice.
equitable balance between Community and in negotiating and litigating in these areas,
national trademarks, which is of fundamental for which she is recommended in the most
The objective and scope of this study is to assess importance to promoting the harmonious prestigious legal guides. Mottet will become
the current state of play of the Community and development of economic activity and the
ECTA president in June 2010.
national trademark systems, identify the potential continuous and balanced expansion of an
24 World Intellectual Property Review Digest 2009 www.worldipreview.com
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