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September 2022

IP NEWS

Romania Implements SPC Manufacturing Waiver

On August 22, 2022, the Romanian Intellectual Property Office issued Order No. 84/2022 implementing the supplementary protection certificate (SPC) manufacturing waiver introduced by EU Regulation 2019/933.

The Order enables companies in Romania to produce a generic or biosimilar version of an SPC-protected medicine during the SPC term, for the purpose of:

  • Exporting to countries where SPC protection is not available or not enforceable; or
  • Stockpiling during the final six months of the SPC term in order to place the product on the EU market once the SPC expires.

According to EU Regulation 2019/933, before the medicine production begins, manufacturers must notify the SPC granting authority of the EU Member State in which the production is to take place. In this case, the Romanian IPO must be notified at least three months ahead of the production start date, or at least three months before the first related and necessary pre-production activity takes place.

The Order introduces a standard notification form – manufacturers or their legal representatives are required to submit a hard-copy of the completed form to the IPO, which then verifies the information and notifies the manufacturer regarding any deficiencies or regarding the publication date in the Official Bulletin. Notifying the IPO is free of charge.

Prepared by: Monica Viciu

For more information, please contact romania@petosevic.com.

Kazakh IPO Amends Official Fees

The Kazakh Intellectual Property Office has introduced amendments to certain official fees, which entered into force on September 19, 2022.

The trademark registration fee, which ensures protection for a period of 10 years, now only covers up to three classes of goods/services, and not all classes applied for, as previously. Each additional class over three now implies an additional fee of EUR 21.

Following recent amendments to IP laws which provide for the extension of the industrial design protection term for an additional five-year period (for a total maximum term of 25 years, as opposed to the previous total maximum of 20 years), the IPO introduced a maintenance fee for years 21-25 of the protection term, the amount of which is the same as the fee amount for years 16-20.

Finally, the IPO amended the fee payable for recording a name/address change regarding registered IP rights by excluding the wording “fee per each change”. IP right holders will now pay only one fee to record all changes to a registered IP right. However, when recording changes to applications there is still a fee for each change separately.

By: Aliya Madiyarova

For more information, please contact Aliya Madiyarova at our Kazakhstan office.

Hungary Reintroduces Patent Maintenance Fees for The First Three Years of Patent Duration

On August 7, 2022, the Hungarian Intellectual Property Office published a notification informing that Decree No. 675/2021. (XII.3.), which abolished patent maintenance fees for the first three years of patent duration, expired on June 1, 2022, meaning that patent maintenance fees are again payable, as provided for by the Hungarian Patent Act.

On August 6, 2021, the Hungarian Government published Decree No. 474/2021 (VIII.6.) abolishing patent maintenance fees for the first three years of the patent protection period for national and European patents filed in Hungary on or after August 7, 2021. This Decree was in force until December 3, 2021, when it was replaced by Decree No. 675/2021 (XII.3.) which also abolished patent maintenance fees for the first three years of the patent protection period.

This Decree was intended to be in force during the coronavirus-related state of emergency in Hungary, i.e. until the date of expiry of Act I of 2021 on the Containment of the Coronavirus Pandemic, which expired on June 1, 2022.

Prepared by: Balázs Csányi and Erika Farkas

For more information, please contact hungary@petosevic.com.

EUIPO Extends Deadlines for Ukraine Parties

On August 29, 2022, the European Union Intellectual Property Office (EUIPO) published Decision EX-22-8 extending all time limits expiring between September 2 and November 1 until November 2, 2022 for all parties in proceedings before the EUIPO who have their residence or registered office in Ukraine.

This extension follows Decisions EX-22-2, EX-22-4 and EX-22-5 which previously extended all deadlines which expired starting from February 24, 2022.

Prepared by: Djurdja Krivokapić

For more information, please contact ukraine@petosevic.com.

Hungarian Customs Detain Fake Accessories, Toys, Footwear

The Hungarian National Tax and Customs Administration officials recently detained more than 245,000 phone accessories, toys, wallets and shoes infringing the Apple®, Samsung®, Pokémon®, Nike®, BMW®, Toyota® and Audi® trademarks.

The goods, estimated to be worth approximately EUR 841,000 (USD 809,300), were discovered during the inspection of a truck arriving from Greece, as part of a roadside check near the town of Gyula in eastern Hungary.

Prepared by: Erika Farkas

For more information, please contact hungary@petosevic.com.

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