1 October 2010Trademarks

MARQUES conference 2010

What have been the major challenges for the association over the past year?

First, and every company has to deal with it at the moment, the financial world as it is. We are also affected by the different currencies—for invoicing, for example. So the financial side has really been watched carefully.

Going into the other more content-focused issues, we have our VIP programme. It’s about visibility in the IP world. You can do a lot as an organisation internally and those who are members of that party know what’s going on. But it must also be brought to the attention of others as well. Otherwise, you are not recognised. The press plays a part in that. We have great teams working on many issues in different areas, but if that’s not broadcast, then people may not believe it or know about it, except the team members.

The third point is about conferences, where Marques started its business. We have the big September conference, but then we also have an interesting winter meeting, in February, where the teams come together and discuss the work that they have done in the past year on their different areas.

Then there are local conferences, in say Italy and Germany, in between the September conference and the winter meetings. The final point is that the more we grow as an organisation, the more organisational and management issues there are to deal with. That can get quite complicated.

Can you talk us through some of the major achievements?

There have been a lot, especially in OHIM [Office for Harmonization of the Internal Market], in the debate on the corporation fund, of using the access money they have in stock. We are a member of the observers of the budget committee, and the Max Planck Institute study on the functioning of the internal market is an issue in which we actively participate.

We have a team with WIPO [World Intellectual Property Organization], with the standing committee. On trademark and signs, classification has been an issue. We are very much involved in the ICAAN discussion, the danger of enlargement of top level domains, and all the discussions about sunrise periods and so on.

As an amicus curia, we have focused on the Nokia case, which is a very burning issue for enforcement. On the Onel issue, we were involved and engaged. Then there’s the China team—many things going on there. We’ve been talking to OHIM and WIPO. We met with Francis Gurry [director general of WIPO] in April with a delegation from Marques, including myself.

As chairman of council, what is your role in promoting the work of the organisation and how is it organised?

We are an organisational body. The prime decision-maker is the council, which reports annually at the annual general meeting. The real work is done in the council. We have 35 members—really a good representation of many people and countries. Decisions are prepared and the day-to-day work runs through the executive committee, a smaller body of about six people. They also do monthly telephone conferencing on the issues.

Then we have a secretariat and two permanent officers—one is an external relations officer and the other is an internal relations officer. The internal relations officer focuses on organisational issues, management issues and the teams’ work, including making sure that if a team wants to publicise anything, it goes on the website. Then the external relations officer is the main contact for WIPO and other NGOs.

What are your aspirations for the Marques conference in Berlin?

I’m very excited, because we are tackling this issue of a brave new world—the technological area. We are embarking upon this because the Internet is really the first invention of human kind that is absolutely international. Many people have not realised that the Internet does not just provide opportunities, but also carries many, many risks. They are hiding away and using the borders that still exist in the real world, which do not exist on the Internet, apart from in terms of language.

Everybody has software and hardware, and can use it, but the law is still very much local. There, something needs to be done. How would you solve that problem? Because it’s truly international, not just European, it must be solved on a global scale. I think WIPO would be the best body to do it, and it must be done by an international treaty.

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