The “European trade mark reform legislative package” was adopted on 15th December 2015. The new Directive 2015/2436 will be transposed in France within 3 years. Regulation EC 2015/2424 which modifies Regulation EC 207/2009 shall apply as from 23rd March 2016.
In order to understand the new European trade mark and identify the future issues involved by this reform regarding French trade marks, Osmose Avocats will present, in partnership with Francis Lefebvre Formation, the following conference: Actualité du droit des marques : les impacts du « Paquet Marque »

The European legislative framework was finally adopted on 15 December 2015 by the European Parliament (see our news of 10 June 2015).

The new Regulation on the European trademark will come into force 90 days after the its publication in the Official Journal of the European Union which is expected in January 2016.

The new Directive will come into force 20 days after its publication and shall be implemented by the Member States within the three following years, except for the dispositions relating to the administrative forfeiture and annulment procedures which can be transposed within seven years. The French Office has however recently expressed its will to make these new procedures operational as quickly as possible.

By decision dated 6 October 2015 (Case C-362/14), the Court of Justice of the European Union ruled that the Commission’s Safe Harbor enabling cross-border flows between Europe and United States (provided that recipient companies join the Safe Harbor principles) is invalid.
Further to the revelations made in 2013 concerning the access to the personal data by the United States intelligence services, a Facebook user lodged a complaint in order to object to the transfer of his personal data to the United States. The case was heard by the High Court of Ireland which asked to the Court of Justice of the European Union to give a preliminary ruling.
On October 6 this year, the Court of justice of the European Union declared that the Commission’s US Safe Harbor decision is invalid considering that the Commission did not justify that the United States “ensures” an adequate level of protection by reason of its domestic law or its international commitments.
The national supervisory authorities will have to look at the data transfer to the United States considering that the United States does not ensure an adequate level of protection of personal data.
The CNIL reacted swiftly and explained on its website that it is no longer possible to transfer data to the United States on the basis of the Safe Harbor. The CNIL also indicates through a press release that it will meet its counterparts in the G29 in order to precisely determine the legal and operational consequences of this decision regarding transfers that have made on the basis of the Safe Harbor.
Many economic operators are affected by this decision. In fact, the Safe Harbor agreement is indeed one the most commonly used for European companies in order to transfer data to the United States. Several solutions may be found out, in particular the introduction of standard contractual clauses or Building Corporates Rules.

The creation of Osmose makes the front page of the letter Option Droit & Affaires: “Création d’Osmose, boutique originale en IP/IT”.

http://www.optionfinance.fr/droit-affaires/la-lettre-doption-droit-affaires/la-lettre-du-22-avril-2015/creation-dosmose-une-boutique-originale-en-ip-it.html

Melanie Comert joined Osmose as a partner. With a team of 6 lawyers, Osmose offers its client a broad expertise in intellectual property, new technology and business-competition-consumer.

Lauren Bonnet, Lucie Corvisier, Antoine Gendreau, Alexandra Le Corroncq et Alexis Vichnievsky are happy to announce the creation of Osmose.