大会议题包括多瑙河沿岸地区及周边的环境危机及对应策略，如何采取保护措施，大学在技术与创新方面的角色，如何为这一方向做出的贡献。大会发言人包括塞尔维亚科学研究院(SANU)主席Vladimir Kostic，欧洲科学研究院院士Felix Unger，“欧洲的母校”（ Alma Mater Europaea）主席、斯洛文尼亚研究院主席Andrej Kranjc院士、欧洲理事会代表Miroslav Veskovic博士教授。大会发言者还包括欧洲理事会的Johannes Khan博士。在院士Vladimir Stevanovic 和 Dejan Popovic的主持下，发言人还包括Thomas Hein博士教授、 Wolfram Graf、Andrea Funk、Gertrud Haidvogl、Florian Pletterbauer、Rafaela Schinegger、 Astrid Schmidt-Kloiber、Daniel Trauner、Gabriele Weigelhofer、Jasmina Šinžar-Sekulić博士教授、Aljoša Tanasković博士、Momir Paunović博士、Bela Csányi博士教授、 Rumen Kalchev博士教授、Jovan Despotović博士教授、Marko V. Ivetić博士教授、Mihajlo Gavrić先生、Aleksantar Šotić博士、Nicolae Panin院士、Cristian Hera院士、 Boris Bourkinsky院士、Oleg Rubel博士教授、Pavol Shajgalík博士科学家、 Sybille Reichert博士教授、Ivanka Popović博士教授、Alojz Kralj博士教授、Marijana Vidas-Bubanja博士、Georgi M. Dimirovski博士教授、Vojislav V. Mitic博士教授、Marcel H. B. Van de Voorde博士、H.J. Fecht博士教授、Ljubiša M. Kocić博士教授及Dejan B. Popović院士。
Two representatives of the Intellectual Property Agency "Berin", prof. Dr. Gjorgji Filipov and Ivona Sekulovska, MA, participated in the 39th Аnnual Цonference of the European Community Trademark Association (ECTA) held in Vienna (Austria) from 21-22 October 2021.
On the first day of the conference, 21.10.21, sessions of the various ECTA committees were held: Advisory; Against abuse; Copyrights; Data protection; Design; Geographical indications; Synchronization; International trade; Internet; Right; Professional issues; Supervisory Board; Membership and discipline; Programs; Publications; WIPO and the Committee of Leaders. Previously scheduled meetings of business partners from the EU, candidate countries, as well as ECTA associate members from various non-EU countries were held in separate rooms of the Hilton Park Hotel. In the evening, the organizer organized a cocktail party for all participants, which was used to establish the first contacts "live" after almost two years of online communication.
The plenary session started on 22.10.21, at which Anette Rasumussen, ECTA President, Mladen Vukmir, Vice President, Andrea Scheichl and three local representatives, trademark and patent attorneys from the Sonn company spoke. Daren Dang, DG WIPO also addressed the conference via video link. Kamil Kiljanski from the European Commission and Andrea Di Carlo, Vice President, spoke at the IP News and Trends session, moderated by Carina Gommers. Director of the European Intellectual Property Office (EUIPO). At the session on brand ethics, goodwill and reputation, chaired by Carolin Kind, Prof. Dr. Giorgio Spedicato, from the University of Bologna, as well as Mojca Pesendorfer from Slovenia and Poonam Majithia, an intellectual property advisor from UEFA. The Conflict of Interest session was moderated by Lamberth Pechan and addressed by representatives from Germany, France, Italy and the United States. Representatives from the United States, Sweden and Spain spoke at the roundtable on customer acquisition and online networks, moderated by Lauren Somers. The session on wine stamps, marketing and geographical indications, especially important for the two Macedonian participants, led by Boris Osgnach from Italy, was addressed by Francis Fay, Head of the Geographical Indications Department of the European Commission, Carola Onken, Germany, Ivan Ćuk from Croatia and Maria Obermayer from Austria. The final part of the working day, which was related to the update of intellectual property cases in the European Union, moderated by Benjamin Fontaine, was addressed by Dimitris Botis, Director of Legal Affairs at EUIPO, Sven Stürmann, Chairman of the Second Court of Appeal and Accredited Mediator of EUIPO, Andrea Ringle, as well as Maria José Costeira, Judge of the EU General Court in Luxembourg. The gala dinner, at the same time a real opportunity for informal meetings and exchange of views on various issues between the participants was held at the Museum of Applied Arts of Austria, founded in 1863 by Emperor Franz Josef I.
During the conference, the Macedonian delegation had several meetings, but especially important were the meetings with ECTA President Anette Rasumussen, Vice Presidents Vukmir and Gommers, EUIPO Legal Director Dimitris Botis, Geographical Indications Moderator Osgnach and Professor Spedicato. But the most interesting was the meeting with Ms. Majithia (Magdia), Legal Advisor for Intellectual Property of UEFA, to whom we thanked for the proper procedure of this European football organization for the legally correct position regarding the jerseys of the Macedonian football players and the insignia of the country. (MK and MKD) during the last European Football Championship.
The Swiss Federal Supreme Court confirms cancellation of the shape mark for Nespresso capsules. It was absolutely impossible to register a technically necessary shape, even if it had become established as a trade mark in the market.
The trademark dispute over the well-known Nespresso capsules from Nestlé (Switzerland) has been going on for years, including in Germany. Nestlé had already registered the shape of the Nespresso capsule as a Swiss trade mark in 2000 (number 486 889) and extended this Nespresso trade mark protection internationally (IR trade mark) via the Madrid System of the World Intellectual Property Organization (WIPO), including in EU member states. However, Nestlé was unable to obtain protection as an EU trademark; the EUIPO refused to register the trademark in April 2002 on the grounds that the shape had not acquired distinctive character.
In Germany, however, the trademark registration was accepted, and Nespresso capsules have been protected in Germany since April 2003. But, in summer 2014 the German Patent and Trademark Office (DPMA) decided to cancel the trademark protection for Germany. Since then, Nestlé has been fighting a legal battle in Germany against the Swiss Ethical Coffee Company, but so far in vain. The Federal Patent Court ruled in 2017 that the Nespresso capsules lose trademark protection in Germany. Nespresso capsules were a packaging container with a design only for technical reasons. The Packaging is to be equated with the shape of the goods.
The cancellation request had been filed by Ethical Coffee Company (Switzerland), which developed a biodegradable coffee capsule with a similar shape that is compatible with Nespresso machines. As a result, Nestlé had filed a lawsuit against Ethical Coffee, in Germany – and likewise in Switzerland.
On May 25, 2021, the China National Intellectual Property Administration (CNIPA) issued the Interim Measures for the Processing of Related Examination Businesses Regarding the Implementation of the Revised Patent Law. As the amended patent law has come into effect on June 1, 2021 and the implementation rules are still being revised, CNIPA issued these Interim Measures that have been effective since June 1, 2021. The Interim Measures cover design patent term, partial design examination, patent term adjustment, patent term extension, and other areas. The Interim Measures do not cover patent linkage.
· Applicants can submit partial designs starting June 1, 2021. However, CNIPA will not examine partial designs until the implementation rules are released.
· Applicants can request for both patent term extensions (PTE) and patent term adjustments (PTA) for any patent application granted on or after June 1, 2021. The requests for PTA and PTE must be filed within 3 months of grant of patent or of drug marketing approval from the National Medical Products Administration (NMPA), respectively. CNIPA will examine the requests once the implementation rules are released.
· CNIPA will begin examining applications for good faith requirements (Article 20, Paragraph 1 of the Patent Law) starting June 1, 2021.
· Design patent term is 15 years from filing only for design applications filed on or after June 1, 2021.
The full text (Chinese only) is reproduced below and is available on the following link: https://www.cnipa.gov.cn/art/2021/5/25/art_74_159631.html
The 90th meeting of the Council of the European Patent Institute (EPI) took place on 8 May 2021 by video conference, which was attended by a total of 160 members, including three representatives from MK: prof. Dr. Gjorgji Filipov, B.Sc. eng. Bogoljub Ilievski (as permanent members and Marija Kjoseska, M.Sc., as a substitute member of the Council).
During the meeting, the members of the Council elected a new Secretary General, Ms. Olga SIRAKOVA (BG), in place of Mr. Cornelis Mulder (NL), resigned in January 2021.
Council members also elected members of Committees for which there where vacancies. The updated list of Committee members will be soon available on the epi website (https://patentepi.org/en/epi-bodies).
Council also welcomed Ms. Tatjana LISSAK who started working as Executive Director for EPI on 1st February 2021. Ms. LISSAK gave an insight on epi's current operating model and on organisational objectives going forward.
Amongst the topics discussed, the EQE discussion paper prepared by the Professional Education Committee was presented to Council members and triggered many comments and suggestions.
The EPI Council has 12,300 patent attorneys from 38 European countries. Let us remind that with a three-year mandate in the governing bodies of the European Patent Institute, the following representatives from (MK) have been elected: Bogoljub Ilievski (one of the two vice presidents of EPI), Vancho Damjanski (member of the Disciplinary Committee), Blagica Veskoska (member of the Committee for Finding ), Marija Kjoseska (member of the Committee for Implementation of Proceedings), Valentin Pepeljugoski (member of the Committees for Education and Litigation) and Gjorgji Filipov (member of the Committee for the European Patent Committee).
In 1440 Johannes Gutenber from Germany found the printing machine. That event was a spark that ignited the fire of interest in protecting the rights of inventors and authors in general. In 1469 the government of Venice gave the exclusive right to John of Speyer, the first printer, to be the only one allowed to "print letters". Shortly afterwards, in 1474, the Venetian Law was enacted, which is considered to be the first systematic approach to the protection of an invention in the form of a patent, giving the inventor the exclusive right to dispose of the benefits of its use. The English monopoly law from 1624 was the first law that provided a monopoly on an invention with a limited duration. In 1710 in the United Kingdom, the Anne Act was passed, extending the right to print books to the authors not just to the printers. The words invention and patent first appeared in a constitution in 1788. Namely, the US Constitution of that year speaks of inventions and exclusive rights for creators. It was translated into the first Patent Law in 1790. Immediately afterwards, as a result of the French bourgeois revolution, in France in 1791 the first patent law was passed. In 1877 Germany adopted the first patent law which precisely defined the conditions for granting a patent.
The refusal of many inventors to attend the first World Exhibition of Inventions in Vienna in 1873, due to the lack of an international system of protection of inventions, initiated the signing of the Paris Convention for the Protection of Industrial Property (1883). It was signed by only 12 countries including the young Kingdom of Serbia. The convention guaranteed the same rights to the patent owners in all territories that they'd wished to be protected. Industrial property means the ownership of patent rights, trademarks, industrial designs and geographical names. For similar reasons, to guarantee copyrights in different countries, three years later, in 1886 the Berne Convention for Protection of Literary and Artistic Works was concluded. These include works in the field of literature, science, works of painters, performers, phonograms, shows... Works that belong to industrial property and copyright and related works are collectively called intellectual property.
The Paris and Bern Conventions are the base, and today there are more than fifty international conventions and agreements, which specify protection in accordance with the progress in the scientific, technological and artistic development of mankind. Their administration is most often carried out by the World Intellectual Property Organization (WIPO).
On April 24, 1992, the Ministry of Development of the Republic of Macedonia took over the competencies related to the protection of industrial property and from that date applications for protection of industrial property began to be submitted. The Macedonian Law on Protection of Industrial Property entered into force on 15.07.1993 but the Republic of Macedonia has been considered a member of WIPO since 08.09.1991. The first director of the Institute for Protection of Industrial Property was appointed on November 26, 1993, after which, on December 1, 1993. The Office for Protection of Industrial Property was established. Later, the Office changed its name to the Bureau of IP Protection, and later to the State Office of Industrial Property.
This year, the World Organization WIPO celebrates IP Day with the motto "Helping Smaller Businesses Thrive".
Happy Intellectual Property Day - April 26!
*“专利”一词来自拉丁语 “patere”，意指“摊开”（即供公众查阅），而 “letters patent” 原指皇家颁布给个人或企业的某种特权的证明。
*© 就是英文词语 – “copyright” 的简称；这个词字面意义即 “复制权利”的意思。
1992 : 成立
1993 : 注册
1993 : 专利
1994 : 伙伴关系
1994 : 第一工业设计与商标应用
1995 : 第一次PCT申请
1996 : 发明推广
1997 : 国际商标
2001 : 国际工业设计保护
2004 : 欧洲专利局代表
2005 : OHIM处代表
2009 : 欧洲专利局代表
2010 : 认证
2012 : 国际博览会
2014 : 扩展
2015 : 软件
2016 : 欧洲专利局首个马其顿专利
2017 : 二十五周年
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Intellectual Property Company Berin DOO, Skopje
Macedonia Street, No. 27-2 / 22, 1000 Skopje, North Macedonia
Phone: +389 (0) 2-3130-367, Fax: 389 (0) 2-3130-398
ID number: 4570138, www.crm.com.mk
Intellectual Property Company Berin DOO, Skopje, is an intellectual property representative in the Republic of North Macedonia and an authorized patent attorney before the European Patent Office (EPO), as well as a member of the Association of Industrial Property Representatives (patents and trademarks) of North Macedonia and international organizations EPI, FICPI, INTA and MARQUES. It is a company that is certified for quality management according to TUV Rheinland, Germany (TÜV, and according to ISO: 9001, with certificate number ID: 9105059285). The professional norms on which the work is based are determined by the Macedonian intellectual property laws (Law on Industrial Property and the Law on Copyright and Related Rights), the EPI Professional Standards (European Patent Institute-EPI) (available at: www.patentepi.org) and the FICPI Professional Code (available at: www.ficpi.org).
Berin International GmbH
Jurekgasse 1/1/11, A-1150 Vienna, Austria
Phone: +43 (0) 1 8922960, Fax: +43 (0) 1 8922960
Registration number: FN 424569 Т, Commercial Court Vienna
Tax number: ATU70035838
Berin International GmbH consists of European patent attorneys and consultants for intellectual property and technology transfer for southeast Europe. They are members of EPI, FICPI, INTA and MARQUES. Their work is subject to EPI Professional Standards (available at: www.patentepi.com) and FICPI Professional Standards (available at: www.ficpi.org).