| Trade mark protection will be cheaper, quicker and more reliable for businesses under new rules backed by the Parliament’s Legal Affairs Committee on Thursday. These new rules, to be endorsed by the Parliament as a whole at a Strasbourg plenary session in December, will also help to fight against counterfeit goods in transit.
”The trade mark system in Europe functions well but is in need of a modernisation. The parliament has consistently kept the users of the system at the forefront of the discussion and we are glad to see a system that will provide a lot of added value for users,” said rapporteur Cecilia Wikström (ALDE, SE).
“The reforms that we are now agreeing to will not imply a revolution of the European trade mark system but will bring the legislation in line with the times we are living in. The new rules will allow better protection for rights holders through a strengthening of both the national and European trade mark systems. At the same time we have safeguarded public interests such as the right of parody and the access to generic medicines for developing countries. The governance and transparency of the European institutions will also be significantly improved and as a visible sign of this modernisation the responsible agency known up until now as the office for the harmonisation of the internal market (OHIM) will be renamed into the European Union Intellectual Property Office,” she added.
Cheaper and quicker trade mark registration
While preserving the dual system of national and EU trade mark, the new rules will further harmonise national and European trade mark registration procedures and the rights guaranteed by a trade mark. The registration of new type of trade mark, such as sound, will also be easier in future.
The registration would also be on average cheaper, especially for SMEs, as under the new “one-class-per-fee” provision the EU-level trade mark could be registered for only one product class, instead of three classes. In addition, MEPs managed to secure a significant reduction of the renewal fees.
Combating counterfeit products
While ensuring that legitimate trade interests are not affected, the new rules will provide better means to fight against counterfeit goods in transit through the territory of the EU. Throughout the negotiations, MEPs stressed the need to ensure smooth transit of generic medicines to developing countries.
“European Union Intellectual Property Office”
The new rules also include several improvements to the structure and governance of the EU office responsible for trade marks (OHIM), which will be called “European Union Intellectual Property Office”. MEPs ensured that the Parliament would also have a seat in the management board of the office.
Next steps
The trade mark reform package, which was approved by the Council on 10 November 2015, is expected to be endorsed by the Parliament as a whole at a Strasbourg plenary session on 15 December (TBC).
Procedure: Co-decision (Ordinary Legislative Procedure), 2nd reading agreement
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