Auteur
Louise Popple

Louise Popple

Senior professional support lawyer

Read More
Auteur
Louise Popple

Louise Popple

Senior professional support lawyer

Read More

25 juin 2020

Brands update - June 2020 – 1 de 10 Publications

Worldwide IPO responses to COVID-19

  • IN-DEPTH ANALYSIS

Here is the fourth edition of our guide detailing how the Intellectual Property Offices (IPOs) in over 70 jurisdictions worldwide are responding to COVID-19. In the UK, deadlines have effectively been extended to at least 6 July 2020. Conversely, the EUIPO has ended the automatic extension of deadlines, although extensions might still be available on a case-by-case basis. Read more on these and other jurisdictions below.

Links to the IPO websites listed below are available here.

Worldwide IPO responses to COVID-19

EUIPO
  • The extension of time limits has now come to an end. (All time limits expiring between 9 March and 17 May 2020 were automatically moved to 18 May 2020. This applied to all procedural deadlines on EUTM and RCD matters before the EUIPO, irrespective of whether they had been set by the Office or were stipulated by regulations. It therefore included statutory deadlines like priority, renewal and recordal. However, it did not apply to non-EUIPO matters eg appeals to the General Court.)
  • The EUIPO has published a guidance note on the end of the extension of time limits. The EUIPO emphasises that extensions of time might still be available on a case-by-case basis.

Links

UKIPO
  • The UKIPO has announced that the automatic extension of deadlines due to the COVID-19 pandemic will come to an end on 29 July 2020. All deadlines which were automatically extended will now fall on Thursday, 30 July 2020, the first normal day of operation. This follows the end to the automatic extension of deadlines by the EUIPO on 17 May 2020.
  • For context, the UKIPO declared 24 March 2020 and subsequent days until further notice to be "interrupted days" as a result of the pandemic. Any deadlines for trade marks, designs, and applications for these rights which fall on an interrupted day are automatically extended to the next non-interrupted day.
  • The extension applies to all deadlines set out in the various relevant UK Acts and Rules, and to all non-statutory deadlines specified by UKIPO staff. However, it does not apply to deadlines set out under the various international IP treaties, such as the Madrid system, where the UKIPO may be acting as a Receiving Office (separate remedies might be available under the various international systems).
  • The UKIPO has been keeping the position under review and regularly extending the period of interrupted days. The latest announcement is that the last interrupted day will be 29 July 2020, meaning that all deadlines which were automatically extended now fall on 30 July 2020.
  • It may still be possible to obtain an extension of time on a UKIPO matter on a case-by-case basis, but an application will have to be made in the usual way. To ease the burden on businesses, the UKIPO is seeking Parliamentary approval to enable the temporary removal of fees for certain time extension requests. 
  • Note that the UKIPO remains operational and able to conduct all forms of business. However, it has published some alterations to its services. 
WIPO
  • WIPO has released an information notice explaining remedies it has taken in recent days. Key measures include the automatic extension of time limits where a national IP office is not open to the public, and urging all brand owners to "use electronic communication to mitigate the negative effects of possible disruptions in mail or delivery services".
  • WIPO will be delivering electronic versions (PDFs) of the following for the foreseeable future: certified copies of certificates of international registration and renewal, attestations, and detailed certified extracts. Paper copies of these documents will be sent as soon as possible. For the foreseeable future, WIPO will not be able to issue simple certified extracts, legalise documents, or offer expedited services. Simple copies of certificates of international registration and renewal can in some cases be downloaded for free using the Madrid Portfolio Manager.
  • The webpage has more information on extensions of time, post and certified documents.

Links

Afghanistan
  • All operations have been suspended until 15 May 2020; deadlines roll over to the first working day after that.

Links

Algeria
  • Limited working hours from 22 March 2020 until 10 April 2020. A grace period of 1 month will be granted once business is back to usual.

Links

Andorra
  • All deadlines for administrative procedures are suspended from 14 March to 14 May 2020.
  • The Office is able to carry out procedures that are essential to trade mark owners (such as applications and assignments). However, the Office will not process any applications received electronically; trade mark agents must physically attend the Office.

Links

Angola
  • The Office resumed activities on 27 April 2020; some deadlines had previously been extended.

Links

Argentina
  • Deadlines suspended from 12 March 2020 to at least 24 May 2020.

Links

ARIPO African Regional IP Office
  • ARIPO has confirmed that its headquarters will be closed until further notice.
  • However, the registry "remains operational" with staff working from home. 

Links

Australia
  • A streamlined process for extension requests is available until at least 30 June 2020; extensions of up to three months are available.
  • However, some time periods cannot be extended; brand owners are advised to contact their advisers to check if an extension is possible.
  • All hearings are now taking place by video link, telephone or written submission.
  • eServices are available for payments and filings.

Links

Austria
  • All office deadlines in proceedings before the registry (eg notice periods) are ex officio extended until at least 30 April 2020 without the need for users to request a further extension. However, deadlines "directly resulting from the law" (eg deadlines for submitting appeals, for paying annual and protection fees, and due to EU law) cannot be extended.
  • The Office has been open in the mornings from 18 May 2020.

Links

Azerbaijan
Bahrain
Belize
Benelux
  • Special regulations have been in force since 16 March 2020 until further notice.
  • The Benelux Office will not withdraw any requests or procedures because of a missed deadline.
  • The Benelux Office will determine when it is reasonable for IP professionals in the Benelux to work normally again. This date (BAU date) will be communicated by the Director General.
  • All deadlines until the BAU-date and all deadlines less than one month calculated from the BAU-date, will be extended to one month from the BAU-date.
  • The Benelux Office currently intends to use 25 May 2020 as the BAU date, but a legally binding BAU date will only be set after a new communication from the Director-General has been published.
  • Note that Registry information might be accurate

Links

Bermuda
Bolivia
Brazil
Canada
Chile
China
Croatia
Czech Republic
Denmark
Djibouti
Egypt
Estonia
Ethiopia
Finland
France
  • All deadlines expiring between 12 March 2020 and 24 June 2020 will be extended to 24 July 2020 or 24 August 2020 (depending on the length of the initial period).
  • By way of example, if a 1-month deadline falls due to 10 April 2020, this deadline is now postponed to 24 July 2020. If a 2-month deadline falls due on 10 April 2020, this deadline is now postponed to 24 August 2020.
  • This includes all deadlines set by law, such as renewal deadlines.

Links

Gaza
Georgia
Germany
  • Time limits granted by the German IPO are extended, and no decision will be made because of the expiration of any time limit, until 4 May 2020; separate notices concerning these extensions of time will not be issued.
  • Deadlines set by law cannot be extended and continue to apply.

Links

Hong Kong
Hungary
India
Indonesia
Iran
Iraq
Ireland
Israel
Italy
Japan
Jordan
Kazakhstan
Kurdistan (North Iraq)
Kuwait
Latvia
Lebanon
Libya
Lithuania
Malaysia
Mexico
Moldova
Morocco
Mozambique
New Zealand
Norway
OAPI African IP Office
Oman
Pakistan
Peru
Philippines
Poland
Portugal
Puerto Rico
Qatar
Russia
Saudi Arabia
Singapore
Slovakia
Slovenia
South Africa
South Korea
Spain
Sudan
Sweden
Syria
Thailand
Tunisia
Turkey
UAE
USPTO
  • USPTO operations are currently proceeding without interruption.
  • Any deadline for the following falling between 27 March and 31 May 2020 will be considered fulfilled if filed on or before 1 June 2020 provided the filing is accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak as defined below:
  • claims of priority under the Paris Convention based on a foreign application or registration
  • claims of priority under the Madrid Protocol based on a basic application or registration
  • responses to Office actions
  • requests for Reconsideration of Final Refusals
  • Ex Parte Appeals to the Trademark Trial and Appeal Board from Final Refusals
  • Notices of Opposition or Requests for Extensions of Time to file Notices of Opposition
  • Statements of Use or Requests for Extensions of Time to File Statements of Use
  • Affidavits or Declarations of Use or Excusable Non-Use (due the sixth and every 10 years after registration)
  • Applications to Renew (due every 10th year after registration)
  • Transformations of Extensions of Protection to the United States into United States Applications.
  • A delay is due to COVID-19 if “a practitioner, applicant, registrant, or other person associated with the filing or fee was personally affected by the COVID-19 outbreak, including, without limitation, through office closures, cash flow interruptions, inaccessibility of files or other materials, travel delays, personal or family illness, or similar circumstances, such that the outbreak materially interfered with timely filing or payment".
  • For matters not covered above, specific advice should be sought. Extensions of time might still be possible.
  • If an application goes abandoned because an applicant was unable to timely reply due to COVID-19, the USPTO will waive the corresponding revival petition fee.
  • All in-person interviews and meetings that were scheduled to take place at USPTO offices have been stopped. These can be conducted remotely by video or telephone.
  • The USPTO has also waived the requirements for an original handwritten signature for certain correspondence and filings.

Links

Vietnam
West Bank
Yemen

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