February 10, 2023

A worldwide modernisation of intellectual property systems and collaborations

EAPO

At the turn of the new year, the Eurasian Patent Office amended its schedule of fees concerning industrial designs, with the alterations of costs having entered into force from January 1, 2023.

As per the new fee schedule, the cost for the filing of an application concerning one design has risen by 25% from 20,000 RUB to 25,000 RUB. Each additional design up to 10 has increased from 10,000 RUB to 12,000 RUB, whilst each design thereafter in excess of 10 has seen a rise from 5,000 RUB to 6,000 RUB, constituting an escalation of 20% respectively.

The fees in relation to the granting and publication of designs have inflated by approx. 33% respectively, with the cost pertaining to one design increasing from 15,000 RUB to 20,000 RUB, each additional design up to 10 from 7,500 RUB to 10,000 RUB, and each design in excess of 10 from 3,750 RUB to 5,000 RUB.

The fees concerning design renewal have risen by various amounts depending on the validity years, and are applicable to each individual design. As such, the cost for the renewal of a design for the years 6 to 10 has increased by approx. 14% from 7,000 RUB to 8,000 RUB, whilst years 11-15 have ballooned by approx. 5% from 9,500 RUB to 10,000 RUB. Renewal for years 16-20 will now constitute 14,000 RUB, having risen by approx. 17% from 12,000 RUB, and years 21-25 by approx. 24% from 14,500 RUB to 18,000 RUB.

Türkiye

The Turkish Patent and Trademark Office also implemented new fees as of January 1, 2023, with the new schedule of costs concerning trademarks, patents, utility models, and designs.

Patents

Some of the most significant amendments to patent costs include the fee for the filing of a patent or utility model application, which has increased by approx. 113% to 160 TRY from 75 TRY, whilst the fee in relation to the grant of a patent has increased by approx. 94% from 540 TRY to 1050 TRY.

Patent renewal fees have also experienced sharp increases throughout, with each year experiencing a rise in a similar percentage region. The 3rd year, for example, has inflated by approx. 94% to 1050 TRY from 540 TRY, whilst the 7th year fee has ballooned by approx. 99% to 2400 TRY from 1205 TRY. All years follow a similar trend, with the 20th and final year of patent renewal increasing from 4590 TRY to 8900 TRY, constituting an inflation of almost 94%.

Trademarks

Trademark fees have seen a similar range of increases, with the filing fee for a trademark application in a single class increasing to 760 TRY from 380 TRY, constituting a 100% rise. The trademark registration fee has grown by approx. 92% to 1960 TRY from 1020 TRY.

Inflating by considerable amounts respectively, the fee for the issuance of a certification copy of registration has risen by approx. 174% from 285 TRY to 780 TRY, and the cost for the examination of a well-known trademark application by approx. 120% to 12,140 TRY from 5520 TRY.

The renewal fees have also grown in a similar manner, with the cost of renewal when paid within the 6 months prior to the expiry date increasing to 2450 TRY from 1280 TRY, comprising an approx. 91% inflation. The same fee when paid within 6 months following the expiry date has risen by approx. 82% to 4560 TRY from 2505 TRY.

Designs

Industrial designs have also seen significant increases. As such, the filing fee for a design application has risen by an approx. 104% to 550 TRY from 270 TRY, and the fee for each additional design included in the same application by approx. 83% from 120 TRY to 220 TRY.

The publication fee has seen a growth of approx. 67%, now comprising 100 TRY as opposed to the previous cost of 60 TRY.

The cost for the renewal of one design within 6 months preceding the expiry date has inflated by approx. 104% to 1670 TRY from 820 TRY, whilst the same fee when paid within 6 months after the expiry date has risen by approx. 95% from 1570 TRY to 3060 TRY.

Ukraine

On December 1, 2022, special legislation relating to geographical indications (GI's) was adopted in Ukraine. The newly implemented law aligns national Ukrainian IP legislation with the relevant EU regulations concerning GI's pertaining to alcoholic beverages, and the production of such beverages to EU standards.

Some of the most poignant amendments to the Ukrainian GI field include the introduction of categories of alcoholic beverages for which geographical indications can be registered in the country, as well as clarifying the features of preparation for registration of alcoholic beverages.

Further, the recently adopted legislation provides clarification in relation to the terms regarding such GI's, special requirements for the specifications of alcoholic beverages, and the scope of use and protection, as well as for violations.

The amended GI legislation in Ukraine signifies a positive move toward a more modernized and internationally aligned IP system.

Belize

The Protocol to the Madrid Agreement for the International Registration of Marks is due to enter into force in respect of Belize on February 24, 2023, with the country having deposited its instruments of accession to the Protocol on November 24, 2022.

The system affords applicants the opportunity to file one "international" trademark application, accompanied by a single set of fees, covering any or all of the Contracting States to the Madrid Protocol.

Once enforced, Belize will mark the 129th country to join the protocol, allowing brand owners in the jurisdiction to seek protection of their trademarks in any of the other Member States which are a party to the Madrid System. It will also allow international applicants to designate Belize as a country for trademark protection.

Iceland

As of 16 January 2023, the Icelandic Intellectual Property Office (ISIPO) joined the TMClass harmonized database of goods and services (HDB).

The database affords users the ability to search and translate terms relating to goods and services in any of the 44 languages which are covered by the service. Moreover, users of the database are able to clarify the classification of terms as per the Nice Classification.

The database is a tool connected to TMclass, a system which assists the classification of terms of Goods and Services for trademark protection purposes.

The addition of the ISIPO means that there are now 94 national and regional IP offices which utilize the database, with Iceland marking the 30th IP office outside of the EU to use and accept terms from the HDB.

The adoption of the HDB by ISIPO is a result of the EUIPO’s International Cooperation programme in collaboration with international partners.

Harare Protocol

January 1, 2023 saw several amendments to the Harare Protocol on Patents and Industrial Designs, and the subsequent Implementing Regulations, enter into force.

Among the most significant notable changes, a new provision has been implemented to allow for the issuance of a partial examination report in instances where the IPO considers an ARIPO patent application to lack unity of invention.

Further, the IPO will henceforth only conduct a search and examination in relation to the first mentioned invention or group of inventions. As such, applicants may wish to limit claims to the first mentioned invention, or group of inventions, and to file divisional applications for any additional inventions thereafter.

The newly amended Implementing Regulations to the Harare Protocol now also prohibit patenting of a plant or animal exclusively obtained by means of an essentially biological process.

EPO Peru PPH

January 2nd, 2023 marked the permanent implementation of the Patent Prosecution Highway (PPH) programme between the European Patent Office (EPO) and the IP Office of Peru (INDECOPI).

The move to permanently enforce a PPH agreement came after the success of the pilot programme between the two IP Offices which was initially launched on January 1, 2020.

A PPH agreement is designed to facilitate the fast tracking of the examination procedure for patent applications. As such, IP offices within the scope of a PPH agreement will utilize a collaborative work share setup, whereby a decision on patent examination made by the office of first filing is shared with the patent office of second filing. In turn, this eliminates the necessity for both offices to conduct the same examination procedure, thus expediting the overall patent granting process.

The implementation of a permanent PPH program between the EPO and INDECOPI demonstrates an ongoing international effort toward a more collaborative IP workspace in the global sphere.

Author: Danielle Carvey
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