28.10.2024
We refer to our mailshot earlier this year which discussed the protection of intellectual property rights and the prevention of infringing or counterfeit goods from crossing borders by filing Applications for Action (AFAs) with customs in the UK and EU.
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As a reminder, an AFA informs customs of intellectual property rights (including trade marks, patents, designs and copyright) owned by rights holders as well as other pertinent information that allows customs to identify and seize potential counterfeit and infringing goods.
With regard to EU AFAs, the Commission Implementing Regulation (EU) 2024/2399 of 12 September 2024 is now in force and can be read here. As of 03 October 2024, all EU AFAs must be filed, maintained and managed electronically, where computerised systems are in place.
Therefore, rights holders can submit eAFAs to customs through the IP Enforcement Portal (IPEP) at IP Enforcement Portal - Observatory (europa.eu) which is the EU AFA e-filing and management portal for all EU Member States or through the online national systems in Germany, Italy or Spain. IPEP is connected to the central EU customs database, COPIS (Counterfeit and anti-Piracy Information System), where the AFA information is stored and exchanged with customs. Paper copies may only be filed where there is a temporary failure of COPIS or one of the online portals.
We are eagerly awaiting updates regarding the introduction of the digital signature.
Our Irish offices would be delighted to provide any advice in relation to this change and to assist in filing eAFAs on your behalf through IPEP. For any EU AFA enquiries, please do not hesitate to contact Galway@keltie.com and Aisling.Murphy@keltie.com. For any UK AFA enquiries, please do not hesitate to contact Eleni.Mezulanik@keltie.com and Amber.Waynik@keltie.com.
10.07.2024
Recap of Emotional Perception AI v. Comptroller-General of Patent, Designs and Trade Marks [2023]The case of Emotional Perception AI v. Comptroller-General of Patent, Designs and Trade Marks concerns a patent application in the field of artificial neural networks (ANNs) that after several rounds of Examination has resulted in two court appeals to date. In the lead-up to the handing down of the judgement from the Court of Appeal (England and Wales), we provide a recap of the case to date.
16.09.2024
Apple stops abuse of processIt is rare for an abuse of process case to be heard before the UK IPO, but that is what has happened recently. In August 2024, the UK IPO’s Tribunal upheld applications by Apple Inc (“Apple”) to strike out invalidity actions against its ‘iPhone’ trade mark registrations on the basis that the actions amounted to an abuse of process. This article explores the facts, issues and implications of this decision.
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