EU-funded Twinning Project pays its attention to the Appeal Chamber
On the 7th and 8th of July 2016 an additional seminar for the Chamber of Appeal was held at the SE “Ukrainian Intellectual Property Institute” (Ukrpatent) in the framework of the EU-funded Twinning Project “Strengthening the protection and enforcement of intellectual property rights in Ukraine” (Ukrpatent).
In his welcoming speech, Mr. Pablo Rodenas, Resident Twinning Adviser, stressed that this meeting is an informal exchange of opinions between Ukrainian and European experts concerning the structure and the specificities of the Chamber of Appeal in a Patent Office: how oppositions and appeals against decisions of the Patent Office in cases of registration of trade marks and industrial designs.
The main part of the training was delivered by Mr. Luis Gimeno, head of the Appeal Chamber of the Spanish Patent and Trademark Office (SPTO), PhD and LLM of the Queen Mary University in London. He started presenting the audience with changes introduced by the new EU Directive on trademarks, that is: new requirements to representation in the register which will enable registering sound marks; changes in absolute grounds of refusal; procedural changes, etc. Mr. Gimeno then presented the appeal procedure in the SPTO; gave examples of conflicts between signs and cases of registration of signs that are similar to well-known trade marks.
The second day of the seminar was dedicated to industrial designs. The criteria of protection of this intellectual property right were analyzed, as well as other notions existing at the stage of registration: novelty, individual character, degree of freedom of the designer, saturation of the field, informed user. The following cases were presented: Samsung vs Apple, Karen Millen Fashions Ltd vs Dunnes Stores, Fun Factory vs Life is Short, Yves Saint Laurent and others.
The seminar was held as an active dialogue between Ukrainian and European experts. Experts of the State Intellectual Property Service of Ukraine and of the Ukrpatent seized this opportunity to clarify the questions related to the appeal procedure.
You may download the presentations, provided by Spanish experts, following the links below (in Ukrainian):
«Trade marks: final session» (PDF, 1,64 ΜΑ)
«Industrial designs: final session» (PDF, 13,5 ΜΑ)
«Industrial designs: p. 2» (PDF, 1,64 ΜΑ)