NEWS
The new EU design legislation
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On November 18, 2024, Regulation (EU) 2024/2822 of the European Parliament and of the Council of October 23, 2024, amending Council Regulation (EC) No. 6/2002 on Community designs and repealing Commission Regulation (EC) No. 2246/2002, as well as Directive (EU) 2024/2823 on the legal protection of designs, were published in the Official Journal of the European Union, thus completing the legislative reform in this area.
The European Parliament adopts proposals for a Regulation and a Directive on Community designs
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On December 5, 2024, the European Parliament and the Council of the EU reached the necessary agreement on the protection of Community designs, which led to the adoption by the European Parliament on March 14 of proposals for a Regulation and a Directive on Community designs.
After more than twenty years in force, Regulation (EC) No. 6/2002 needed to be modernized to adapt to the digital era and to bring this protection closer to independent creators and SMEs.
The Council of the EU will presumably formally adopt these two texts, which will subsequently be published in the Official Journal of the EU.
The creation of the Spanish Copyright Office
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The Spanish Council of Ministers has approved the draft bill for the creation of the Spanish Copyright Office, which will entail -once the law has been approved- the creation in 2024 of an autonomous entity whose main functions will be: the supervision of the sector’s management entities for a fair distribution of the collections, a greater protection of authors against Artificial Intelligence, the registration of Intellectual property, the resolution of conflicts and arbitration, as well as the fight against piracy.
The aim is to respond to the new challenges posed by the sector in the new digital world and artificial intelligence, to improve measures and regulations for the defense of copyright in a more agile way, and to reach the level of other European countries.
SPAIN IMPLEMENTS THE ADMINISTRATIVE PROCEDURE FOR THE CANCELATION OF MARKS AS OF JANUARY 14, 2023
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Several amendments were entailed to Spanish Trademark Act 17/2001, after the transposition of Directive (EU) 2015/2436 of the European Parliament and of the Council, of December 16, 2015.
Among these modifications, as of January 14, 2023, the Spanish Patent and Trademark Office will have direct and exclusive jurisdiction for the substantiation of proceedings for the declaration of invalidity or revocation of a trademark, with the exception of the possibility of raising these claims through counterclaim actions.
In this regard, the civil jurisdictional procedure is replaced by an administrative procedure, which is expected to involve lower costs and less time.
The SPTO has published a guide (Manual Informativo sobre Nulidad y Caducidad) available through its official website, in order to resolve possible queries and uncertainties about these new procedures.
Legislative developments in Spain
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While the Spanish Government has begun the process to amend the laws of Trademarks, Designs and Patents, with the aim of adapting national regulations to the reality of the dynamic market of Industrial Property and, with this, providing greater clarity and legal certainty to the industrial property system users (the text of the Bill can be consulted here).
EUTM in the UK after Brexit
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The Brexit transition period is coming to an end. EU trade marks will no longer have force in the UK from January 1, 2021. EUTM will be still in force in all the other 27 EU Member States.
The European Commission has just published the Report on the evaluation of EU legislation on design protection.
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The purpose of this study is to analyse to what extent the EU legislation on design protection has achieved its objectives in terms of efficiency, effectiveness, relevance, coherence and EU added value.
