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Patent Attorney Axel H Horns' Blog on Intellectual Property Law.

 

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Wednesday, January 18, 2006

 

EU to join TLT.

There is a new EXTERNAL LINKDocument SEC(2005)1793 final of the Secretary-General of the European Commission titled "Recommendation for a COUNCIL DECISION authorising the Commission to open negotiations for Community participation in the Diplomatic Conference to be held in Singapore on 13 to 31 March 2006 by the World Intellectual Property Organisation (WIPO) to adopt the revised Trademark Law Treaty".
"[...] A Diplomatic Conference is to be held in Singapore on 13 to 31 March 2006 by the World Intellectual Property Organisation (WIPO) to prepare and adopt a revised Trademark Law Treaty.

The Trademark Law Treaty concluded in Geneva on 27 October 1994 (hereinafter referred to as 'TLT 1994') deals with procedural provisions intended to simplify administrative procedures regarding trademarks. It does not address substantive rules related to trademarks. There are no compatibility problems with other international instruments, in particular with the Agreement on Trade-Related Aspects of Intellectual Property Rights (the 1994 TRIPS Agreement), which it supplements. [...]

The planned revised Treaty concerns the European Community in that the provisions in question could apply to the Community trademark1 if the Community were to decide to accede to the Treaty in future. As for national trademarks, the current Community harmonisation concerns aspects which are not covered by the planned Treaty. It is therefore up to the Member States to express themselves with regard to the issues related to national trademarks.

The Community trademark justifies the exercise of jurisdiction by the Community. [...]"


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