Trade mark reform approaches final stage
In July the Council agreed a general approach to the reform of EU trade mark legislation. The most contentious issue which had delayed Council agreement was the proposal to prevent the transit of counterfeit goods. The provision was proposed on the back of the Philips-Nokia ruling, viewed by lawmakers and rights holders as creating an unfortunate loophole in EU trade mark legislation.
The Council agreed that the proprietor of an EU trade mark is entitled to prevent the transit of counterfeit goods as proposed by the Commission. However, this does not apply if the consignor of the goods can prove that the EU rights holder does not hold any rights in the country of final destination.
Negotiations between Parliament and Council are set to commence this autumn in order to finalise the reform. The two legislators are not too far from each on the main substantive issues and it is expected the main battle will be over fees and whether Parliament gets a say therein.
In this issue
- Respect revived
- Adoption: when should contact continue?
- Family values
- Designs on IP law
- Section 29 claims, time bar and service
- Sharing the rewards
- Reading for pleasure
- Opinion: Lauren Wood
- Book reviews
- President's column
- Making the big changeover
- People on the move
- Another leap forward
- LBTT: aligning payment and registration
- The (legal) people have spoken
- Powers of attorney: another angle
- Greatness begins with a pin badge
- Jackson: has it delivered?
- The test for causing alarm
- When do licensed premises "cease to be used"?
- Empowering communities
- Has clawback lost its tax bite?
- Scottish Solicitors Discipline Tribunal
- Property Law Committee Update
- Call it a comeback
- Refereeing the referendum
- Law reform roundup
- From the Brussels office
- What's next for SYLA?
- Mediation first
- When life begins at 60
- With growth there is risk? (2)
- Ask Ash
- Sustainable future: new ideas for the training contract
- Mentoring - why?
- Lender Exchange: what's it about?
- A bar removed