The Eurasian Patent Organization is an international organization created in 1995 that manages through the Eurasian Patent Office (EAPO) the protection of inventions and industrial designs for several of the Contracting States of the Eurasian Economic Union (EAEU) through the Eurasian patent. We talked about its origins in previous entries of the blog.

Patentes euroasiáticas

It is a regional patent for the protection of inventions that allows unifying the application, examination and granting process of a patent for all the member States of the Eurasian Patent Organization. At the moment it is made up of 8 states, after the departure of Moldova in 2011.

The current member states are: Armenia, Azerbaijan, Belarus,Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Russia.

Eurasian designs

From June 1st, 2021 the Eurasian Patent Office has started processing industrial design applications. In this way, it is possible to obtain protection for a design simultaneously for several of the Member States.

At this time these countries are: Azerbaijan, Armenia, Kazakstan, Kyrgyzstan, Russia, Tajikistan. In the coming months the entry into force of the agreement with Belarus to join this design granting system is expected.

Eurasian trademarks: a system about to come into force

The Eurasian Economic Union (EAEU) Trademark Treaty introduces a new regional system for the protection of trademarks and appellations of origin. It was signed in February 2020 by five member states: Armenia, Belarus, Kazakhstan, Kyrgyzstan, and Russia. Through the Treaty, a unified system for filing and registering trademarks and appellations of origin within the member states is created.

Despite entering into force on April 26th, 2021, it is not yet available to applicants and is expected to start operating around July 2022.

La entrada EURASIA: Protecting Industrial Property beyond Russia se publicó primero en San Martín.

Although the exit is effective on February 1, 2020, as regard to Industrial Property rights, the key date will be December 31, 2020, the date on which the so-called “transition period” will end. Until then, European Union legislation regarding the protection of Industrial Property will remain in force for the United Kingdom.

In this article we are going to shed some light in regards to Industrial Property rights.

Patents

The scenario regarding the protection of inventions remains intact. The United Kingdom maintains its system for the protection of inventions through national patents and continues to be part of the rest of the international agreements signed to date in this field, among which are: The PCT (Patent Cooperation Treaty) and the European Patent Convention( EPC).

It never hurts to remember that the European Patent Convention is an international agreement not subject to the legislation of the European Union. This agreement far exceeds the territorial scope of the European Union. It is currently signed by 38 countries and its protection can be extended through validation agreements to countries such as Morocco or Cambodia. So, despite its name, the European Patent is not a figure subject to the regulations of the European Union.

In conclusion, in what it refers to patent rights, everything remains the same.

Trademarks

Trademarks with effect in the United Kingdom can be divided into two types:

A. Trademarks in the United Kingdom and International trademarks designating the United Kingdom.

These rights are not going to be affected at all.

B. Trademarks of the European Union and International Trademarks that designate the European Union.

These trademarks are the ones that will suffer the effect of Brexit, which will affect them differently depending on whether by the key date of December 31, 2020 these registrations are granted or are still pending.

♦ Granted rights

The United Kingdom will proceed to issue titles equivalentto those already registered within the framework of the European Union. These titles will not have an additional cost to holders, and the application dates, priority will be maintained… corresponding to them.

♦ Pending cases

For the cases that are still pending December 31, 2020it will be necessary to file an equivalent application in the United Kingdom to qualify for protection in that territory. This will imply management and representation expenses for applicants. Of course, the date of application will be respected, that of submission to the EUIPO (Office of Intellectual Property of the European Union). The deadline for submitting these new applications in the United Kingdom will be 9 months.

Designs

We find a practically identical situation to that of the brands.

A. Designs in the United Kingdom and International Designs that designate the United Kingdom

These rights are not going to be affected at all.

B. European Union Designs and International Designs that designate the European Union.

All of the above already mention for trademarks apply here. Of course, we must bear in mind that the processing times in the case of designs are infinitely shorter than for brands. In fact, a European Union design can be granted in just 1 or 2 days after its request if no formal defects are detected in the application. Therefore, it will be relatively easy to prevent a European Union design application from being processed on December 31, 2020, if we have planned our protection strategy well.

Brexit is here and 2020 will be a year to update our portfolio of trademarks and designs. We must plan our protection strategy for the moment of truth, December 31, 2020.

From San Martin we are at your disposal to advise you on the management of your portfolio of trademarks and designs.

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On October 3, Vietnam signed the Hague Agreement for the protection of international designs.

As from January 3, 2020, this country will be elegible for designation within the new international design applications submitted.

If you want to know more about protecting your designs internationally, contact us.

Welcome¡

La entrada Israel joins the Hague Agreement on designs se publicó primero en San Martín.

Its entry shall have effect for those applications filed as from 2 January 2020.

For more information, click here.

In addition, as of from that date, January 2, 2020, Samoa may be designated within the newly filed international designs of the Hague.

More information about this issue here.

Welcome¡

If you have any questions about how to protect your inventions or designs internationally, contact us, we will know how to help you.

La entrada Samoa joins the PCT se publicó primero en San Martín.

On September 30 Vietnam signed the Hague Agreement for the protection of international designs.

As from December 30, 2019, this country will be elegible for designation within the new international design applications submitted.

If you want to know more about protecting your designs internationally,contact us.

Welcome¡

La entrada Vietnam joins the Hague Agreement on designs se publicó primero en San Martín.

As far as the parties have expressed their commitment not to harm the interests of rightholders under current Community legislation. These rights encompass European Union trade marks and Community designs.

Once the UK leaves the European Union, European Union trade marks and Community designs will no longer have an effect in that territory. However, measures have been envisaged to ensure that the holders of these registries remain their rights intact. However, subject to UK national legislation.

The Brexit agreement envisages a transitional period to carry out the necessary actions in order to ensure the rights of the holders. The possibility of an unarranged exit only seems to advance those same measures, eliminating the transition period.

European Union trade marks and Community designs granted

There are still many unknowns on the table, but all points to the UK being issued national trade mark titles and designs equivalent to those already registered within the European Union. These titles will not have an additional cost to holders, and the application dates, priority will be maintained… corresponding to them.

Applications pending at the time of Brexit

For cases still in process at the time when the UK’s exit from the European Union takes place, the issue is more complex. In that case it will be necessary to make an equivalent application in the United Kingdom, which will mean management and representation costs for applicants. The deadline for submitting these new applications in the UK shall be 9 months from the date of Brexit. In any case, it will be respected as the date of application, the date of filing with the EUIPO (European Union Intellectual Property Office).

International registration

We must not forget that these changes will also affect international brands and international designs designated by the European Union.
 

It’s time to review our portfolio of trademarks and designs in the European Union!

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