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Trade Marks in Europe – An industry perspective

Trade Marks in Europe – An industry perspective. Sophie Bodet GlaxoSmithKline PTMG Conference – Brussels (20 th March 2012). Overview of today’s talk . ‘Evolution, not revolution’ Principle of coexistence between Community Trade Marks and National Trade Marks

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Trade Marks in Europe – An industry perspective

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  1. Trade Marks in Europe – An industry perspective Sophie Bodet GlaxoSmithKline PTMG Conference – Brussels (20th March 2012)

  2. Overview of today’s talk • ‘Evolution, not revolution’ • Principle of coexistence between Community Trade Marks and National Trade Marks • Areas of law which need improvement: • parasitic copying in Europe • Trade Mark issues around the EU - let’s travel together!

  3. We like choice!

  4. Evolution, not revolution • Align Trade Mark Directive and Community Trade Mark Regulation • Reinforce cooperation between OHIM and NPTOs – convergence programmes • Simplification of registration procedures, e-tools, e-payments...

  5. Principle of coexistence between Community Trade Marks and National Trade Marks

  6. Fees level • What should be the criteria for setting the level of fees? • value of the rights, or • cost of the services • Relationship between NPTOs and OHIM

  7. Fees for multiple classes...and now for the odd-one-out ....

  8. Genuine use requirements • use in one country? • or, just genuine use!

  9. 5 or 3 years – grace period? • What would be the benefit of a shorter or longer grace period? • Impact on pharmaceutical trade marks • 50% of names submitted for regulatory approval at the EMA are rejected

  10. Description of goods and services • Class headings • Intent to use requirement

  11. Parasitic copying in Europe • Free riding on the back of the brand’s reputation, investment and innovation 2010 UK examples courtesy of British Brands Group

  12. Recent focus • MARQUES comparative chart • European Commission DG Markt (Hogan Lovells) Study on Trade Secrets and Parasitic Copying (Look-alikes) • Intellectual Property Office (UK) - major study into parasitic copying underway through Intellectual Property Institute (IPI) • What next?

  13. Trade Mark issues around the EU - let’s travel together! • France – 29th December 2011 • Impact on colour and design marks in relation to generic drugs • Article L.5121-10-3 of the French Health Public Code: • “ The owner of IP rights protecting the appearance and the texture of oral pharmaceutical forms of a reference product […] may not prohibit the oral pharmaceutical forms of a generic drug substitutable to this products [...] from showing a similar or identical texture and appearance”.

  14. ....and now flying to Gibraltar! • Do Community Trade Marks cover Gibraltar? • Seniority claims? • Community Trade Marks courts?

  15. Another odd-one-out ...free movement of services

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