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.
Thank you
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.
29.04.2025
Case Law Review: Board of Appeal Decision T 1741/22Patent applications related to data processing often fall foul of the EPO’s exclusions on “mathematical methods”. Applicants in the MedTech space in particular may find it far easier to protect the hardware in their wearable devices and tools than to protect the software that processes and analyses that data. A recent board of appeal decision T 1741/22 seems to contradict the Guidelines for Examination and previous Board of Appeal decisions. This decision may shed some light on how the EPO may approach these data processing applications in future.
17.04.2025
IPO Transformation Consultation IIOn 10 April 2025, the Government published responses to the second transformation consultation, which focused on changes to the IPO’s trade mark, design and tribunal services. This follows the first transformation consultation, published on 1 August 2023, which centred around the new digital patents service.
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