On September 9, 2019, the Eurasian Patent Organization (EAPO) members states adopted the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention (the Protocol).
From June 1, 2021 the Eurasian Patent Office, one of the two bodies of the EAPO, will accept Eurasian design applications. An Eurasian design patent will be valid on the territory of Azerbaijan, Armenia, Kazakhstan, Kyrgyzstan and Russia - these are the countries, where the Protocol is already in force.
The EAPO Administrative Council has adopted regulations necessary to implement the Protocol. The normative legal acts of the Eurasian Patent Office defining the rules of drafting, filing and examining applications for Eurasian design patents, procedures for certification and registration of Eurasian patent attorneys specializing in industrial designs, procedures for filing opposition against Eurasian design patents, as well as other normative legal acts provided for by Part II of the Patent Regulations under the Eurasian Patent Convention are under preparation.
The Eurasian Patent Organization (EAPO) is an international organization set up in 1995 by the Eurasian Patent Convention (EAPC) to grant Eurasian patents. The headquarters of the EAPO is in Moscow, Russia. The current member states are: Russia, Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan.
From November 8-10, 2021 The 42nd edition of MAKINOVA was held, the International Exhibition of Inventions, Innovations, New Technologies and Products, Technical Advances, Industrial Design, Trademarks, Youth Research and Creativity, as well as the 19th edition of ECONOVA, International Exhibition of Innovations, inventions and ideas aimed at promoting environmental innovation.
The Intellectual Property Agency BERIN has traditionally taken part in both events. Namely, B.Sc. Eng. Kristina Chachovska from the Patent Department of the BERIN Agency, was a member of the jury, which this year evaluated the exhibits on line (virtually).
The awards ceremony took place on November 17, 2021. in hotel Continental, where the two representatives from BERIN, Kristina Chachovska and Bogoljub Ilievski, presented the special awards from BERIN for the most successful participants in the category "young participants".
In the category "MAKINOVA 2021" - Young participants, the award from BERIN was taken by Martin Milchevski and Luka Damjanov from SETUGS "Mihaljo Pupin" - Skopje, under the mentorship of Professor Daniela Sandeva, for the project "LUMA-Ergonomic chair".
In the category "EKONOVA 2021" - Young participants, the award from BERIN went to Gala Arsovska from OSTU "Natse Bugјoni" - Kumanovo, who under the mentorship of Professor Slavica Karanikic, developed the project "Natural protection of bees from parasites".
The organizer of the two manifestations "Narodna Tehnika" awarded Acknowledgments to BERIN, for the long-term support of both manifestations, and to Kristina чоaвскаovska, for participation in the jury.
EPI C91 Council meeting took place on 13 November 2021 by videoconference. A total of 188 participants attended the meeting, including three representatives from MK: B.Sc. eng. Bogoljub Ilievski in the capacity of Vice President of the Institute and prof. Dr. Gjorgji Filipov (the two permanent members of the Council) and M.Sc. eng. Marija Kjoseska, as a substitute member of the Council.
Council members heard a presentation from EPO President, Mr António Campinos, on the latest developments at the EPO. The presentation was followed by a Q&A session which focused on the following topics: EQE, EPO Academy, oral proceedings by ViCO, , quality, digitalization, teleworking and cybersecurity.
Council adopted the strategic plan of the Institute that was first presented during the last Council meeting (C90), and voted the budget for 2022.
On 8 November 2021, EPO President António Campinos met online with Mr Daren Tang, Director General of the World Intellectual Property Organization (WIPO). The organisations renewed their commitment to further improving the international patent system's support for innovation and signed a new Memorandum of Understanding on bilateral co-operation.
The agreement aims at improving the procedural framework of the Patent Cooperation Treaty (PCT) with a view to increasing its attractiveness and efficiency for applicants. Further focus areas for co-operation between the EPO and WIPO include classification, data exchange and the dissemination of patent information.
The organisations emphasised the need to support the innovation ecosystem with regard to sustainable growth, including when it comes to fostering synergies between the EPO's network of patent information centres (PATLIBs) and the WIPO's Technology Innovation Support Centres (TISCs).
Moreover, the EPO and WIPO will join forces on enhancing their respective information technology systems in order to optimise workflows and processes. This includes the digitalisation of all paper-based bilateral PCT dataflows by the end of 2023.
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.
*“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).