Kluwer has finally released the second edition of its “European Trademark and Design Law” commentary, edited by the eminent Charles Gielen (known to many British practitioners from his expert witness role in the WAGAMAMA case), and the co-editor of this blog, Verena von Bomhard. This work appears as a series of short article by article commentaries, hence the name of the series “Concise”. The handy format and blue cover has given it the nickname Little Blue IP Book; (the addition of “IP” being out of deference to the US paperback brand from the 70s).
This commentary is very practical in that it provides a complete overview over the EUIPO practice and Luxembourg case law relating to the two pan-European IP tools the registration of which lies in the hands of the EUIPO – EU trademarks and Community designs. The comments are easy to find as they are provided article by article. All articles are covered. The book therefore offers not only the interpretation and case law on the core substantive issues of EU trademark and design law, but also covers areas on which it is otherwise often difficult to find anything published in English. The book, for example, includes a short but complete guide to the proceedings before the General Court in cases brought to it against EUIPO decisions, in the commentary on Article 65 of the EU Trademark Regulation.
As this book is not a scientific treatise but meant to be a practical everyday tool, and in order to stay true to the title of the series “Concise”, doctrine is generally not covered. Notwithstanding, the coverage of the relevant case law is impressive and will spare practitioners hours of online searching to find out what the position is on a particular subject.
The EU trademark law reform is of course taken into account and the commentary notes which provisions are new, and which of these do not enter into force before 1 October 2017. The first draft of the codified EU Trademark Regulation, in which, again with effect from 1 October 2017, all article numbers will change following article 9, and which will turn the good-old Article 8(5) into Article 8(6) EUTMR, was published just in time for the commentary to include the correlation table, which ensures that the book remains a valuable practical source also beyond 1 October 2017.
This concise commentary is unique as a quick yet complete legal reference book on EU trade marks and designs in the English language, and, in this blogger’s opinion, should not be missing on the desk of any practitioners who work in these areas of the law, or represent clients before the EUIPO.
You can order your print copy of the book by clicking the following link.
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