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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
THURSDAY, 16 SEPTEMBER 2010
MARQUES RELOADED: Berlin brief no.4

Following the previous evening's social event -- a trip to the Adagio (above) for a taste of Berlin's Cabaret culture, it was not surprising that today's session began a few minutes late. The first session (chaired by GI genie Miguel Angel Medina, of Elzaburu) belonged to the World Intellectual Property Organization (WIPO), which is continuing to display an increasingly accessible, user-friendly and open approach which is greatly appreciated by those who can remember the "bad old days" of highly talented multilingual men in grey suits turning up, delivering the year's statistics at breakneck speed and then disappearing from sight. It's good to see WIPO taking the time and making the effort to engage effectively with the users of its systems. The WIPO team this year consisted of Marcus Hopperger (who reviewed trade mark, design and domain name/UDRP issues, plus internet headaches) and Matthijs Geuze (geographical indications GIs] and appellations of origin [AOs]), both of whom affirmed WIPO's willingness to listen and to improve the IP environment.  The introduction of a "dynamic framework" for dealing with change -- something that the old IP treaties and conventions sadly lack.

Of the two presentations, that of Marcus had the advantage of being more obviously related to the interests of MARQUES' corporate members and the practices of those who work with them in filing trade marks and designs, particularly internationally.  His review of the current state of play in terms of WIPO's immediate agenda and next steps demonstrated not just the direction in which WIPO is travelling but the speed at which it is moving.  Matthijs' topic -- though not of everyday relevance to most brand owners -- is however of great interest at government level and has important economic consequences too. Progress towards international cooperation and harmonisation is bound to be slow, given that there are three different regional systems for protecting GIs and/or AOs and that different systems -- and the Lisbon System itself -- cover different product ranges.  WIPO cannot lay down standards, but can only assist its members in making progress.  All sorts of fascinating issues arise here: one is the controversial proposition that GIs should be incapable of becoming generic; another is the need for joint applications between countries where an area of production under a particular designation crosses international borders.

Next came this year's keynote speaker, Christiane von Trotha (Director-General of KPM Königliche Porzellan-Manufaktur).  Berlin-based KPM, one of Germany's oldest brands, was in royal ownership until 1918 which explains the vagaries and inconsistencies in its brand image. 

Right: Class 46 is delighted to discover that this polar bear cub is an example of KPM's contemporary output.  

KPM has to rely on trade mark and design protection, which is not so easy when some of its product ranges are older than the protecting legislation (the KURLAND dinner service design has been made since 1790). The company has many imitators and thus sees many examples of non-KPM hand-painted products that are brought in for valuation by consumers. Within the Geman ceramics industry, a habit has developed of respecting pattern names, which certainly makes things easier. 

Posted by: Blog Administrator @ 09.39
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