The Federation and other representative organisations were consulted on the future of UK design law at the Marks and Designs Forum of the UK’s Intellectual Property Office in March 2010. The IPO had noted the overlap of protection be­tween UK and EU rights, and also had raised the possibility of criminal penalties for infringement of registered and unregistered rights.

At the behest of the European Commission, a review is being undertaken by the Max Planck Institute into the workings of the Trade Mark Regulation and the Office for Harmonisation of the Internal Market. The Federation made submissions through BUSINESSEUROPE on the question relating to what geographical area was sufficient to establish genuine use – maintaining that it was a fundamental precept of the common market that genuine use in a single member state was effectively use throughout the European Union, pointing out that to find otherwise would dis­advantage SME’s. The Federation also opposed a suggestion that 50% of re­newal fees should be given to national offices since we could anticipate that such income would be diverted to purposes not directly connected with Community Trade Marks.

EU
On 7 January 2010 talks aimed at modernizing the system of private copy levies in Europe broke down when industry called time. The discussions, dating back to July 2008, had been held in the context of a ‘Stakeholder Platform’ facilitated by the European Commission involving Collecting Societies and industry representatives, with BEUC (the European consumer organization) having observer status. After 18 months, as far as industry was concerned, the talks had failed to deliver any con­crete results and there was no prospect even of agreeing a way forward.

Article 101(1) of the Treaty on the Functioning of the European Union (TFEU) iden­ti­fies in general terms classes of agreements that are incompatible with the inter­nal market, subject to the possibility of exemption under Article 101(3), e.g. where the agreement promotes technical or economic progress. If an agreement is “caught” by Article 101(1) but not exempted under Article 101(3), then it is unenforceable.

One of the IP Federation’s chief lobbying tools is its policy papers.The policy papers on the website represent the views of the innovative and influen­tial companies which are members of the Federation. Members are con­sulted on their views and opinions and encouraged to debate and explore issues of practice and policy. Only after consensus is achieved are external bodies informed of the col­lective views of industry via the Federation.

At the start of its tenth decade of representing the IP interests of industry, the IP Federation is as active as ever in its aim to bring about improvements to in­tel­lec­tual property rights systems throughout the world, to the advantage not only to industry, but in advancement of economic development generally.

ISSN 2046-3049

Trends and Events is our annual publication in which the Federation reviews its previous twelve months’ activities. It provides an overview of those IP issues which engaged industry during that period and tries to look beyond current issues to identify future areas of interest, activity or con­troversy.

ISSN 2046-3049

Trends and Events is our annual publication in which the Federation reviews its previous twelve months’ activities. It provides an overview of those IP issues which engaged industry during that period and tries to look beyond current issues to identify future areas of interest, activity or con­troversy.

ISSN 2046-3049

Trends and Events is our annual publication in which the Federation reviews its previous twelve months’ activities. It provides an overview of those IP issues which engaged industry during that period and tries to look beyond current issues to identify future areas of interest, activity or con­troversy.

ISSN 2046-3049

Trends and Events is our annual publication in which the Federation reviews its previous twelve months’ activities. It provides an overview of those IP issues which engaged industry during that period and tries to look beyond current issues to identify future areas of interest, activity or con­troversy.