MARQUES
geographical indication registration systems that are administered by the World Intellectual Property Organization (WIPO). Marques is an official non- governmental observer at WIPO and has a healthy working relationship with WIPO’s International Bureau in all areas that are relevant to trademarks, industrial designs and geographical indications.
In March 2011, Marques participated in a WIPO- sponsored mission to Tailand and the Philippines to promote the Madrid System. Marques was also invited as a speaker to the Worldwide Symposium on Geographical Indications, jointly organized by WIPO and the National Institute for the Defense of Competition and the Protection of Intellectual Property (INDECOPI) of Peru, which took place in Lima, from June 22 to June 24, 2011. Marques representatives regularly take part in the meetings and sessions of the WIPO Standing Committee on Trademarks, Industrial Designs and Geographical Indications, the Lisbon Agreement Working Group and the Working Group on the Legal Development of the Madrid System for the International Registration of Marks.
As a part of the working group’s ninth session in July 2011, Marques presented a comprehensive review of the so-called Norwegian proposal, a communication concerning several aspects of the Madrid System, which was first put forward by the Norwegian Industrial Property Office in 2008. Te Norwegian proposal suggested that the basic application or registration requirement, which is a requirement under the Madrid System for international trademark registrations, should be removed. Abolishing the basic application/ registration requirement from the Madrid System would lead, among other things, to the possibility of filing international trademarks applications with WIPO directly, and removing their dependency on original national trademark registrations and applications. Effectively, an international trademark registration would no longer be subject to a central attack from a third party because of the statuses of any national trademark registrations or applications that it is based on.
Supporting the Norwegian proposal, Marques said that abolishing the basic registration/ application requirement would benefit the international trademark system and its users. It would simplify the registration procedure as an international trademark would be filed directly with WIPO and, if necessary, the home country can be designated through the Madrid System.
Removing the possibility of centrally attacking an international registration, which was originally included to strike a balance between the benefits of the Madrid System for international applicants and the interests of third parties with
www.worldipreview.com
THE HAGUE SYSTEM FOR INTERNATIONAL INDUSTRIAL DESIGNS SHOWS THAT THERE IS NO REAL NEED FOR A BASIC REGISTRATION/ APPLICATION, AS IT HAS NO SUCH REQUIREMENT ITSELF.
prior trademark rights, would shiſt the balance in the direction of international applicants. However, central attacks can result in costly and burdensome national trademark filings, which is unfair on international applicants. Te Hague System for international industrial designs shows that there is no real need for a basic registration/ application, as it has no such requirement itself. It is a perfect example of a simplified and economic procedure that offers the possibility of obtaining protection for industrial designs in several contracting parties by means of a single international application filed with WIPO.
Here to help
Te challenges facing brand owners and IP right holders today may be immense. Given the demands on time and resources, many IP in-house counsels find it invaluable to work alongside, and network with, their peers in other organisations and benefit from the extensive work undertaken by and through Marques. To assist, during 2011 Marques organised and endorsed a number of one-shot seminars and workshops for in-house counsels of right owners and private IP experts; a one-day seminar on parallel trade in Brussels; a dinner meeting in collaboration with the Toronto IP Group in Toronto, Canada, on cost-effective trademark strategies for Europe; a half-day workshop on trademarks in a global market in Buenos Aires, Argentina; and a workshop on the review of the Max Planck Institute study on the functioning of the European trademark system in London.
Recently, the Marques team that works on regulatory matters presented a product placement survey, reporting on how product placement is regulated according to European Directive 2007/65/EU and national laws in both the EU and non-EU jurisdictions. Team members who focused on unfair competition and unfair trade practices compiled a chart summarising
regulations concerning the protection and infringement of look-alikes throughout Europe.
Te Marques team also publishes a review of decisions on the validity of registered Community designs. Tis review was first published in January 2007 and reached its fourth edition in February 2011. Te Marques review on registered community designs aims to assist designers, rights owners and legal practitioners by condensing, simplifying and publishing the relevant jurisprudence to date.
More information about Marques, upcoming events and initiatives, and the latest European trademark news from the Class 46 blog, is available at
www.marques.org
Nunzia Varricchio is chair of Marques and a senior trademark counsel for DSM, a global science-based company, active in health, nutrition and material. She can be contacted at:
nunzia.varricchio@
dsm.com
Nunzia Varricchio has more than 20 years of in-house IP experience in Europe and abroad. She specialises in the strategic management of acquired portfolios and the development of internal IP resources.
World Intellectual Property Review e-Digest 2012
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