30.04.2025
Keltie moderated the EUIPO and Irish Customs webinar which focused on the ‘dos and don’ts’ when filing EU AFAs. This interactive session was well attended by Intellectual Property (‘IP’) rights holders as well as legal representatives. The aim of this session was to raise awareness and encourage IP rights holders to adopt a proactive approach by filing AFAs in order to mitigate the risk of infringing and counterfeit goods crossing borders and reduce the need for filing Ex-officio AFAs where goods have been seized but AFAs are not in place.
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Given the recent change that requires all EU AFAs to be filed electronically and the development of the new mobile app for enforcers, this was a great opportunity to bring the EUIPO together with Irish Customs. The EUIPO developed the IP Enforcement Portal (IPEP) in order to file and manage EU AFAs online.
AFAs are invaluable weapons for IP rights holders to fight against counterfeits and infringing goods inundating the marketplace in the EU, the UK and abroad. AFAs allow IP rights holders to put the relevant authorities on notice of their IP rights (including trade marks, patents, designs, geographical indications and copyright) in order to identify, seize and destroy infringing and counterfeit goods.
Some ‘don’ts’ include: not uploading the entire IP rights portfolio; not uploading the entire product portfolio; and not uploading pages of providers and traders. Some ‘dos’ include: providing information regarding genuine goods as well as information on known counterfeit/infringing goods; grouping product information; uploading photos that focus on authentication signs (not general images from the rights holder’s website); including information on known infringers; entering the main logistics, providers and traders; and uploading a ‘Picture Guide’ on how pictures of detained goods should be taken.
Whilst AFAs can be filed only with mandatory information in the UK and EU, it was clear from the session that further detailed information is extremely helpful in order to assist authorities in the detection of such goods. Further, authorities encourage IP rights holders to use the ‘small consignment’ procedure which enables authorities to seize goods under a certain quantity/size to be destroyed without consultation thereby reducing the administrative burden on IP rights holders and authorities.
The application process is cost effective and relatively quick in the UK and EU- once accepted, authorities will be able to detect suspicious goods and contact IP rights holders/representatives in order to take action. AFAs are maintained throughout the year and renewed annually.
Keltie would be delighted to assist with any queries relating to AFAs. Please do get in touch with eleni.mezulanik@keltie.com for further information regarding AFAs and she will be happy to assist/involve the Keltie Customs team.
01.05.2025
AI-Driven Materials Innovation: Protecting Breakthroughs in Computational DesignThe fusion of Artificial Intelligence (AI) and materials science is changing how industries work, from energy and construction to advanced manufacturing. AI is speeding up discovery, from low-carbon cement to quantum-designed materials. To keep up, your IP strategy needs to evolve, too.
02.05.2025
The Effect of the Unified Patent Court (UPC) on Opposition Proceedings at the European Patent Office (EPO)The introduction of the Unified Patent Court (UPC) has brought significant changes to the European patent landscape. This article, written by Nathaniel Taylor (of Keltie's Opposition and Appeals team), takes a closer look at the impact of the UPC on opposition proceedings at the European Patent Office (EPO). The article draws on a full year's worth of opposition data - available as of 1 April 2025 - for European patents granted since the Unitary Patent system began (i.e., European patents granted between 1 June 2023 and 1 June 2024). The analysis explores overall trends, technology-specific patterns, and the strategic motives behind relative opposition rates.
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