Convergence Programme

1. Convergence Programme Alicante May 2012

2. There are three strategic initiatives: European TM and Design Network 2

3. Overall Vision Common Tools Converged Practices

4. European TM and Design Network Third initiative: 4

5. Convergence Programme Vision Vision “To establish and communicate clarity, legal certainty, quality and usability for both applicant and office”

6. Convergence Programme Outcomes Outcomes • Document on Common Practice, in all EU languages • Implementation / Adherence Plan • Communication Strategy • Analysis on how best to follow up on the continuity of the Common Practice

7. Convergence Programme Benefits Benefits • Users: • Easier and more efficient access to protection • Enhanced legal security • User protection strategy not conditioned by divergence in practices • Offices • Transparency and predictability • Increased consistency • Better service to the users • Efficient maintenance of practices • Agreement within the EU will • give an important boost to the process • of wider international convergence

8. Projects and Participation • The CP is now taking off: - 5 projects running: • CP 1. Harmonisation of Classification • CP 2. Convergence of Class headings • CP 3. Absolute Grounds – Figurative Marks • CP 4. Scope of Protection B&W Marks • CP 5. Relative Grounds – Likelihood of Confusion - 95 individuals working on the CP from 24 EU offices • - 4 Non-EU offices as observer • - WIPO as observer - 9 User Associations as observer

9. Participation in Working Groups

10. CP Outputs in 2012

11. Convergence Projects – Working method WORK PACKAGES Common practice Survey and analysis Implementation strategy Maintenance analysis Communication strategy

12. Convergence Projects – Working method WORK PACKAGES Pre-project work: Survey and analysis WP 1: Common Practice WP 2: Communication Strategy WP 3: Implementation Strategy WP 4: Continuity analysis

13. Convergence Projects – Working method Pre-project work: Survey and analysis Objective: Get an overview of the current landscape of practices and identify all possible building stones for a new Common Practice • Issues to be addressed: • What is the common ground? • What are the differences? • Benchmarking on consistency of current practices in different situations • Identify all elements that could bring new insights (think-out-of-the-box. Further investigation.

14. WP1 Common Practice Convergence Projects – Working method Work package 1: Common Practice Objective: Develop a clear and commonly acceptable practice that brings consistency of approach and increased level of predictability • Issues to be addressed: • What elements give an added value to the common practice? • Analyse to the opinion of outsiders (University, End consumers,…) • How can we assure consistency? • How can we make sure to have a simple and clear solution?

15. Convergence Projects – Working method Work package 2: Communication strategy WP2 Objective: Agree on a common communication strategy Communication Strategy • Issues to be addressed: • Organize common activities to promote the chosen solution to all stakeholders • Agree to a common timeline for the communications • Set up common communication messages and documentation • Define approach on the communication with courts, legislation organisms and other organisations

16. Convergence Projects – Working method Work package 3: Implementation strategy Objective: Agree on a common implementation strategy WP 3 Implementation Strategy • Issues to be addressed: • Agree on a framework between the partners of the new practice • How the current IT systems and working procedures are affected by the chosen solution • Creation of the action plan and timeline to implement the common practice • Creation of the adherence plan for IP offices that want to join the common practice later on

17. WP 4 Maintenance analysis Continuity analysis Convergence Projects – Working method Work package 4: Continuity analysis Objective: Analyse how to organise the continuity of the common practice • Issues to be addressed: • Which actions should be taken in the future to allow the practice to evolve along with the market? • How can this best be organised? • What tools could support the continuity?

18. Convergence Projects – Working method Working Packages group creation: • Maximum 8 people per group • Mix of practices • Work out solutions with options

19. Implementation Strategy Maintenance analysis Continuity analysis Communication Strategy Convergence Projects – Working method Common Practice Survey and analysis

20. Decision making 10. Implementation 9. Presentation to the AB/BC 8. Document on Common Practice 7. Presentation to the liaison meeting (IP Offices not in working group) 6. Project decisions (work group) 5. Work package iterations (language: English) 4. Creation of the work package groups (active members) 3. Definition of the work packages 2. Creation of the working group (NOs +UAs) 1. Project Brief

21. Liaison meeting – AB / BC • Trade Mark Liaison Meeting • Special role in Convergence Programme • Forum to discuss progress (also with non-participating Offices) • Frequency: 2 TM liaison meetings per year • User Associations participate as observer • Proposals for new convergence projects • ABBC • Presentation of the Common Practice • Endorsement

22. Centre for European Trade Mark & Design Network Continuity analysis

23. BSC indexes for the CF

24. Convergence Projects – Working method Convergence Programme on OHIM website

25. Information: (+ 34) 965 139 100 (switchboard)(+ 34) 965 139 400 (e-business technical incidents)(+ 34) 965 131 344 (main fax)information@oami.europa.eue-businesshelp@oami.europa.eutwitter/oamitweetsyoutube/oamitubes

26. THANK YOU!