INFRINGEMENT REPORTS AND THEIR RELEVANCE

In the field of industrial property, an infringement report is a tool that fulfills multiple critical functions for the protection and defense of patent, trademark, and industrial design rights. Its relevance is manifested in several aspects:

Documentation and Evidence:

The infringement report systematically and comprehensively compiles all the evidence that demonstrates the violation of industrial property rights. This includes documents, photographs, product samples, testimonies, and any other relevant proof.

Preventive Measures:

The report not only focuses on the current infringement but can also identify potential weaknesses in the protection of industrial rights. This allows the holder to implement corrective and preventive measures to strengthen their protection and reduce the risk of future infringements. For example, it may recommend improvements in the strategy for registering trademarks, patents, and designs.

Legal Actions:

An infringement report is usually a prerequisite for initiating legal actions, as it provides the set of facts and evidence on which claims or judicial requests are based.

Negotiation and Resolution:

Infringement reports are also useful in the extrajudicial resolution of conflicts. Presenting a detailed and well-founded report can persuade the infringer to negotiate an agreement, thus avoiding a long and costly litigation. Extrajudicial agreements may include economic compensation, usage licenses, or commitments not to infringe in the future.

If you believe your rights have been violated or wish to prevent it by registering your trademarks, patents, or designs, contact us and we will advise you.

New grant announcement for SMEs and the self-employed – EUIPO SME FUND 2024

The Ideas Powered for Business SME Fund is a software of the European Union Intellectual Property Office (EUIPO) that aims to help European small and medium-sized enterprises (SMEs) to protect and manage their intellectual property (IP) rights. This software is part of the Ideas Powered for Business initiative, which aims to raise awareness among SMEs of the importance of IP in the business environment.

The SME Fund provides financial support to SMEs that need help to protect and manage their IP rights. Specifically, the software offers grants of up to ¤1,000 to cover the costs of IP services, such as trademark and design applications in the EU (at national, regional and EU level) or international trademarks and designs outside the EU, provided they are administered by the World Intellectual Property Organisation (WIPO).

SMEs wishing to apply for a grant from the SME Fund must meet certain requirements, such as being registered in an EU Member State, having fewer than 250 employees and an annual turnover of less than ¤50 million, and demonstrating that IP protection and management is essential to their business.

One of the SME Fund’s key features is its focus on financial assistance to SMEs, enabling them to access IP services at a reduced cost. In addition, the software focuses on fostering innovation and business growth in Europe by protecting IP and promoting fair competition in the marketplace.

The main features of the software are outlined in five points:

I. Eligible activities

1. Protection of trade marks and designs in the EU (at national, regional and EU level).

Eligible IP rights are trade marks and designs filed directly with the EUIPO and IPOs in the Member States.

A reimbursement of 75 % of the fees for trade marks and designs in the EU (including application, class, examination, registration, publication and deferment of publication fees) will be available.

2. Trade mark and design protection outside the EU

International trade mark and design rights outside the EU, provided they are administered by the World Intellectual Property Organisation (WIPO).

A reimbursement of up to 50% of the basic fees for trade mark and design application and designation fees is available.

Designation fees originating from EU countries as well as processing fees charged by the office of origin are excluded.

II. Grant Amount

The SME Fund is a reimbursement software which issues vouchers that can be used to partially cover the fees for eligible activities.

The voucher can be obtained for a maximum amount of EUR 1.000 per beneficiary.

III. Beneficiaries

Small and medium-sized enterprises (SMEs) from the 27 EU Member States. Individual entrepreneurs registered as self-employed may also be beneficiaries.

IV. Deadline for submission

The deadline for submission of applications is 6 December 2024. Applications submitted will be evaluated on a weekly basis and the results will be notified 10 working days after the Friday of the week in which the application was made.

V. Period of validity Voucher

The voucher received must be activated within two months of being granted, extendable for a further two months.

After activation, a non-extendable period of six months is established for its application in any of the procedures described in section I.

Marqués & Ferrer can manage the application for aid on behalf of our clients, as well as the activation and application of the voucher in all trademark, design and model applications.

If you are interested, please do not hesitate to contact us for further information using our contact form or email info@marques-ferrer.com

(c) Image EUIPO

 

 

job search concept, inscription and magnifier in hand on a yellow background
job search concept, inscription and magnifier in hand on a yellow background

WHAT IS THE IET?

The IET, or Report on the State of the Art, is a report issued by the Spanish Patent Office (OEPM), in the context of a patent application, which gathers all the technical information of any kind that could be relevant to the claimed invention, i.e. patents, articles, videos, etcetera.

This report aims to determine whether the invention is novel, i.e. whether it has not been disclosed before. It also assesses whether the invention is inventive, i.e. whether it has a technical character that is not obvious to a person skilled in the art.

The EIT is accompanied by a written opinion of the examiner in charge of the search on the patentability of the invention. This opinion is preliminary and non-binding, but can be very useful for the applicant, as it gives him the opportunity to make amendments to the application.

If you have any questions, contact us and we’ll help you solve them!

Magnifier focuses on the word patent. Concept of patenting or copyright protection
Magnifier focuses on the word patent. Concept of patenting or copyright protection

INTERNATIONAL PATENT (PCT)

The PCT system (Patent Cooperation Treaty) enables the protection of an invention in its member states through a single international application.

It is not a patent granting system; rather, it is a system that consolidates the processing before grant during the national phase.

The application can be filed through WIPO or the chosen contracting state’s administration.

After the international phase, the applicant must apply for the patent in each desired country, where the application will follow the procedure according to national laws.

At Marques & Ferrer we accompany and advise you throughout the registration process, so that all you have to worry about is ensuring the continued success of your company. Shall we begin?

INTERNATIONAL TRADEMARK

The International Trademark is a system that provides simultaneous protection in various countries, governed by the Agreement and/or Protocol of Madrid on International Trademarks. The application follows a process similar to the national one in each selected country and can be approved or denied independently.

A requirement is to have a granted trademark registration (for countries bound by the Agreement) or a subsequently granted application (for countries under the Protocol).

At Marques & Ferrer we accompany and advise you throughout the registration process, so that all you have to worry about is ensuring the continued success of your company. Shall we begin?

AMAZON JOINS THE IPEP

Amazon joins the Intellectual Property Enforcement Portal of the European Union (IPEP). This centralized platform brings together rights holders, customs authorities, and market surveillance to combat counterfeiting.

IPEP facilitates the identification of counterfeit products, with over 1,400 brands and 81 enforcement agencies already participating. The addition of Amazon will strengthen this collaborative effort.

With the rise of e-commerce, the EUIPO has opened IPEP to online markets, developing features to support cooperation between them and rights holders. This is just the beginning, as they will work on new functions to share information with authorities in the European Union.

IPEP will not replace existing notice and takedown channels, but it will benefit all online markets seeking to protect their users from counterfeit products. As a rights holder, Amazon will also use these functions to support its own intellectual property rights.

Source: https://www.euipo.europa.eu/en/news/amazon-joins-the-euipo-ip-enforcement-portal

New edition of the Nice Classification

As of 01/01/2024, the 12th version of the Nice Classification, which includes significant changes to the previous version, comes into force.

The International Bureau of WIPO will apply the 2024 version of the Nice Classification as from 1 January 2024 for all applications for international registration received by the Office of origin on or after that date. In addition, it will apply to applications received by the International Bureau of WIPO after the two-month time limit laid down in Article 3(4) of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.

In line with the recommendation of the Committee of Experts of the Nice Union at its thirty-third session in May 2023, the International Bureau of WIPO will identify international registrations classified according to the 2024 version of the Nice Classification with the abbreviation “NCL(12-2024)” in notifications to designated Contracting Parties, in registration certificates and in publications. This change ensures a smooth transition and the correct implementation of the new edition.

For more information, please click on the link: www.wipo.int/classifications/nice/es/