Page 20 - 2017 INTA Annual Report
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EUROPE
INTERVIEW WITH: Hélène Nicora Chief Representative Officer
QWhat are some of the other key policy issues that your office addressed in 2017?
QFurther, regarding Brexit, what has INTA been doing from an advocacy standpoint to
protect brand owners?
QHow has the Europe office monitored and informed INTA members about IP issues
related to the United Kingdom’s referendum to exit the European Union?
ABrexit was at the top of our mind in 2017, given that it will trigger a number of changes for brand owners. For instance, with the United Kingdom out of the European Union, EU trademarks and Community designs will no longer offer protection in the United Kingdom. While many questions about the impact of Brexit remain unanswered, INTA has followed developments to ensure that our international membership has access to the latest information on Brexit that can affect businesses that own or rely on intellectual property.
Toward that end, in 2017, INTA organized a webinar, published several articles in the INTA Bulletin, and created a specific Brexit topic portal on the INTA website to provide updates on key milestones. We also published INTA’s Brexit Brands Toolkit: Preparing Brand Owners for Brexit—a practical guide to help companies identify key issues and anticipate the necessary allocation of resources to prepare for Brexit.
A To augment INTA’s pre-existing advisory Brexit Rapid Response Group, in March INTA established a Brexit Cross-Committees Task Force which is charged with identifying relevant issues and drafting the Association’s policy recommendations. The Task Force produced a position paper that was approved by the Board
of Directors on November 7.
The paper provides concrete recommendations for both the United Kingdom and the 27 EU member states on intellectual property rights (IPRs) that would be most impacted by Brexit, namely unitary rights such as European Union Trade Marks and Community designs; IPR enforcement, including border measures and anticounterfeiting actions; and geographical indications. Our core principles for brand owners and right holders emphasize minimal disruption of trade, minimum costs, maximum retention of rights, and maximum transparency and legal clarity.
In addition, the Europe office participated in several Brexit-related meetings, including those held by representatives of the European Commission’s Taskforce on Article 50 and the UK Intellectual Property Office, aimed at identifying issues and potential solutions related to trademarks and designs. INTA’s goal is that the outcome of the next phase of Brexit negotiations will have as little impact as possible on IPR holders, while securing harmonization with the European Union as much as possible.
AAt a global level, the Europe office contributed to many of INTA’s submissions on draft legislation and practices, as well as to Board resolutions on designs and geographical indications.
In Europe, specifically, our advocacy efforts included submitting comments to the EU Intellectual Property Office’s draft guidelines for EU trademarks and for registered Community designs. We also took action in support of the Association’s efforts to improve draft trademark legislation and to combat brand restrictions and counterfeiting. Near year-end, INTA’s proposed amendment stressing the harmful impact of counterfeiting on jobs and tax revenues was included in the European Parliament’s report on digital trade strategy.
We also have been taking a much broader view of the European landscape, assessing how various changes may affect brand owners. In addition to Europe’s challenging and unstable political environment, our way of doing business, of communicating, is undergoing a spectacular metamorphosis with the advent of new technologies. The boom in social media, 3D printing, and artificial intelligence is reshaping society. The Europe office seeks to anticipate what these changes mean in terms of both challenges and opportunities for brands.
Raising the profile of IP in this context is not easy, and it makes our role even more important. The Europe office is our members’ interface with INTA in Europe. We strive to enhance the Association’s visibility and influence here, acting as a key contact for members, national policymakers, and other stakeholders—always with an eye on ensuring that the rights of brand owners and consumers are protected.
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