The Impact of VIDOC-19 on Intellectual Property

The measures taken to slow down VIDOC-19 have, as everyone knows, very significant impacts on businesses. Our firm remains in business, although our lead times are slightly longer during this period. Rather than the telephone, if you wish to contact us, please prefer to send us an email to the following address contact@yamark.eu. What about the consequences for your industrial property rights? What are the measures taken by the Offices to adapt to the situation?

The consequences of COVID-19 in France

The deadlines

Following an order of March 25, 2020, all time limits under French law are frozen, and are postponed to one month following the end of the state of emergency. More precisely, all time limits expiring between March 12 and 1 month after the end of the state of emergency, will expire 1 month after the end of this period if the initial time limit was 1 month, and 2 months after the end of this period if the initial time limit was 2 months or more. Here are a few concrete examples:

• your trademark has been recently filed and you have received notification from an examiner giving you 1 month to respond. This deadline was due to expire on April 4, 2020. For the time being, this period is frozen (which does not prevent you from replying to the notification to speed up the procedure). If the state of emergency ends, for example, on 25 April 2020, your deadline will expire on 25 June, i.e. 1 month after the end of the state of emergency + 1 month.
• you wish to file an opposition against a trademark filed by a third party. The opposition period (which lasts 2 months) expires in principle on 15 April 2020. If the state of emergency ends, for example, on 25 April 2020, the time limit for filing opposition will expire on 25 July, i.e. 2 months after the end of the state of emergency + 1 month.

As a result, the time limits for ongoing proceedings (mainly registration and opposition deadlines) will be significantly extended. We will have to be patient.

Organization of the profession of Industrial Property Attorney

In principle, the duty hours normally provided by the ICCs at the INPI are cancelled until at least mid-April. However, you can find a great deal of information on trademark law at the following websites our guideor contact us at contact@yamark.eu. Most ICC firms have adopted teleworking. The internal organisation of the profession has also changed: our "order", the CNCPI, has also switched to teleworking and has cancelled all the events in progress, except for the GA which was planned in dematerialised form from the outset. Long live technology! The oral examinations for the professional qualification examination for the title of Industrial Property Attorney have been postponed. Our courageous collaborator Juliette had already braved the Paris strikes for the writings (which she passed with flying colours) but will remain well protected until a new date is set. These exams will remain engraved in the memory of the profession!  

The consequences in Europe

The EUIPO (European Union Trademark Office) sent out a statement this morning. By decision of the Director of EUIPO, all deadlines expiring between 9 March 2020 and 30 April 2020 will be automatically extended to 1 May 2020. This will provide some breathing space in view of the communication difficulties that can result from the profound changes in working habits around the world. Indeed, European trademarks are being registered from all over the world, most of which are affected by the COVID-19 epidemic. The EPO (European Patent Office) has also indicated that all deadlines expire on or after 15 March, will be extended until 17 April 2020.  

Consequences of COVID-19 in the rest of the world

Most national offices and local firms have confirmed that they remain operational. For its part, WIPO (World Intellectual Property Organization) has has already confirmed that it remains operational. and could continue to receive applications for international trademarks, designs and patents. At this time, we have no information on the possible extension of certain deadlines. As you will have seen, the world of industrial property is not spared by the epidemic. However, we remain at your side to filing, management and renewal on your marks during this time of crisis.