Ukrainian IPO Reorganizes and Transitions to UKRNOIPI, Online Filing System Re-Launched
As part of the ongoing institutional reform of the Ukrainian intellectual property system, the Ukrainian Intellectual Property Institute (Ukrpatent) functions have been transferred to the Ukrainian National Office of Intellectual Property and Innovations (UKRNOIPI).
In its recent announcement, the Ukrpatent informed about the entry into force of the ordinance of the Cabinet of Ministers of Ukraine, dated October 28, 2022, No. 943-r “Some issues of the National Intellectual Property Authority” under which the UKRNOIPI is designated as an entity absorbing the functions of the Ukrpatent.
When the ordinance entered into force on November 8, the transition process was still ongoing. Only paper filings were accepted, while there was a short delay in re-launching the e-filing system. Online filing was re-launched on November 28, so no further filing delays are expected.
By: Oleh Karpenko
For any questions, please contact Oleh Karpenko at our Ukraine office.
EPO Sets Start of Unitary Patent Transitional Measures to January 1, 2023
Following the Unified Patent Court’s publication of the implementation roadmap, projecting the Unitary Patent (UP) system’s entry into operation on April 1, 2023, the European Patent Office (EPO) adjusted the starting date of its transitional measures to January 1, 2023.
The EPO’s transitional measures were first intended to take effect once Germany deposited its instrument of ratification of the Unified Patent Court (UPC) Agreement. Because the UPC’s roadmap projects Germany’s ratification by the end of December 2022 and consequently anticipates the sunrise period to begin on January 1, 2023, the EPO has decided to support the early uptake of the Unitary Patent and to make its transitional measures available ahead of the UP system’s entry into force.
As of January 1, 2023, two transitional measures will be available for European patent applications that have reached the final phase of the grant procedure, i.e. for which a communication under Rule 71(3) EPC has been dispatched. The two measures are interrelated but separate from a procedural perspective:
Early Unitary Effect Request
This measure will allow applicants to file early requests for unitary effect, allowing the EPO to apply the unitary effect immediately upon the UP system’s entry into force, provided all other requirements are met.
Delay in Issuing Grant Decision
This measure will allow applicants to request that EPO delays issuing its grant decision so that the patent is granted on or after the date of the UP system’s entry into force. This is to avoid that applicants for European patents due to be granted shortly before the start of the new system miss the opportunity to obtain a UP in the transitional phase.
The EPO website provides further details about the two transitional measures including examples.
Prepared by: Djurdja Krivokapić
For more information, please contact mail@petosevic.com.
Changes to Madrid System Regulations Enter into Force
Amendments to the Regulations under the Protocol Relating to the Madrid
Agreement entered into force on November 1, 2022.
Under the amendments, it is possible to renew international trademark registrations as early as six months before their expiry date, up from three months. In addition, the International Bureau of WIPO will record the renewal, issue the renewal certificate and notify all designated contracting parties as soon as it confirms that the holder has paid the required fees, instead of waiting until the expiry date to record the renewal.
It is also no longer possible to appoint a representative before the International Bureau through a signed letter. While it is still possible to appoint a representative using downloadable Madrid System forms, WIPO recommends using the “Manage your Representative” section available under the eMadrid online service.
By: Roxana Sarghi
For more information, please contact Roxana Sarghi at our Romania office.
Holiday Recess for Hungarian IPO
On the basis of the Act on Government Administration, the Hungarian government has decreed an administrative recess for government administrative bodies, including the Hungarian Intellectual Property Office, from December 22, 2022 to January 6, 2023.
The most significant implications for right holders are the following:
- The substantive processing of requests submitted during the recess will start on January 9, 2023;
- During the recess, documents may be filed electronically, on paper using the IPO automatic terminal and by fax;
- The Patent Department will extend the time limits for services due during the recess by the same number of days as the recess’s duration, i.e. 16 days; any requests received during the recess will be entered into the IPO system with the date of January 9, 2023;
- Deadlines concerning international trademark registrations and applications at WIPO will not be extended; all requests that the IPO will transmit to WIPO, for which the relevant deadline falls during the recess, should be filed by December 16, 2022;
- Deadlines for trademark searches supplemented by registrability opinions requested during the recess will also be extended by the same number of days as the recess’s duration, i.e. 16 days; any requests received during the recess will be entered into the IPO system with a date of January 9, 2023;
- If the last day of a procedural deadline falls during the recess, the deadline – including the 30-day period for submitting requests for review – will expire on January 9, 2023;
- Requests for expert opinions submitted after December 21, 2022 will not be processed until January 9, 2023.
Prepared by: Erika Farkas
For more information, please contact hungary@petosevic.com.
Hungarian Customs Detain Fake Apparel
The Hungarian National Tax and Customs Administration officials recently detained EUR 500,000 worth of apparel infringing numerous trademarks, including Louis Vuitton®, Gucci®, Dior®, Dolce & Gabbana® and Prada®.
The goods included more than 800 tops, sweaters and pullovers, and were discovered during the inspection of a Bulgarian truck on the M5 motorway in central Hungary.
Prepared by: Erika Farkas
For more information, please contact hungary@petosevic.com.
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Anamarija Stančić Petrović and Ivan Matić Win Client Choice Awards
PETOŠEVIĆ Brussels Representative Anamarija Stančić Petrović and PETOŠEVIĆ Serbia Senior Associate Ivan Matić were recently announced as Lexology 2022 Client Choice Award winners.
Anamarija Stančić Petrović, who is also a Croatian Patent, Trademark and Design Attorney, is the exclusive winner in the Franchising category for Croatia, while Ivan Matić is a winner in the Intellectual Property – Trademarks category for Serbia.
The Client Choice awards recognize legal practitioners from around the world who stand apart for the excellent client care they provide and the quality of their service. Law firms and practitioners can only be nominated for this recognition by corporate counsel.
For more information, please contact Anamarija Stančić Petrović or Ivan Matić.
Ana Radoman Presents at ELSA Conference in Belgrade
On November 5, 2022, PETOŠEVIĆ Serbia Associate Ana Radoman held a presentation during an IP law conference recently organized by the European Law Students' Association (ELSA) at the Faculty of Law of the University of Belgrade.
Almost 90 ELSA members from Albania, Bosnia and Herzegovina, Montenegro, North Macedonia and Serbia attended this conference, which was also supported by the Italian Ministry of Foreign Affairs and the Regional Youth Cooperation Office (RYCO).
Ana introduced law students to IP law practice, the process of protecting IP rights, and the importance of brand protection. Ana covered different types of IP rights, focusing mostly on trademarka and designs.
For more information, please contact Ana Radoman at our Serbia office.
Branislav Krnetić Presents at Educational Seminar for Customs Officials and Market Inspectors
On November 10, 2022, PETOŠEVIĆ Serbia Senior Associate Branislav Krnetić presented at a training seminar aimed at educating local customs officials and market inspectors on how to recognize counterfeit products.
While holding a presentation on behalf of a client, Branislav shared useful information, examples and tips that will help the officials in their fight against counterfeit goods.
Around 100 customs officials and market inspectors attended the presentations by representatives of 15 brands.
The educational seminar took place at Hotel Palace in Belgrade.
For more information, please contact Branislav Krnetić.
