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OHIM Universities Network

The OHIM Universities Network was set up in 2008 in order to promote a better knowledge of Community trade marks and designs at European universities.

With the formation of the network, OHIM’s cooperation with universities changed from the previous focus of encouraging students to write research papers in order to compete for an annual prize, to having closer alignment with IP Masters programmes.

Two students from each participating university are invited to write their Masters theses on topics on the CTM or CD system, proposed by OHIM. These students come to present their (interim) results during research meetings, held at OHIM, where they have interchanges with senior OHIM staff acting as “research advisers”.

Some 20 European universities are taking part in this programme.

For more information on the conditions for taking part in the programme see:

OHIM Universities Network 2012-2013 (PDF)
Questionnaire for Universities interested in taking part (MS Word)

 

OHIM Universities Network – Year 2011-2012

The opinions expressed by the authors in their master thesis are strictly personal and do not necessarily reflect the views of the Office for Harmonization in the Internal Market (Trade Marks and Design). All rights reserved. No part of this publication may be reproduced, stored in retrieval systems, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior authorisation of the authors. The Office shall not be held liable, nor shall its liability be sought, in connection with any copyright or author’s right issues arising out of these theses.

First research session

What is the evidential standard for proving detriment and/or unfair advantage within the meaning of Article 8(5) CTMR, following the Judgments of the Court of Justice in Intel and L’Oréal?

Introduction by Mr. Dimitris Botis, Head of Litigation Service

Second research session

Which are the formal and substantive conditions for protecting an earlier Geographical Indication against a later CTM application within the context of Article 8 (4) CTMR? Does this protection cover only European GIs or also national? Does it also extent to bilateral agreements between the EU and third countries? How clear is the case-law of the Court of Justice in this area?

Introduction by Mr. Dimitris Botis, Head of Litigation Service

Third research session

The CTM and the use territorial question: acquired distinctiveness, genuine use and reputation.

Introduction by Mr. Giuseppe Bertoli, Member of the Boards of Appeal of the OHIM

Fourth research session

The overlapping protection conferred by trademark and design law.

Introduction by Mr. Giuseppe Bertoli, Member of the Boards of Appeal of the OHIM

  • First Speaker: Ms Eva Schneiderova, Metropolitan University Prague
  • Second Speaker: Mr . Eliott Kalfoun, University of Montpellier
     

Fifth research session

Specification of goods and services and scope of protection of the trade mark and design rights.

Introduction by Mr. Theophile Margellos, Chairman of the First Board of Appeal of the OHIM

  • First Speaker: Ms Katarzyna Stryjniak, University of Krakow
     

Sixth research session
Marks that are descriptive in languages other than English or in minority languages.

Introduction by Mr. Theophile Margellos, Chairman of the First Board of Appeal of the OHIM

Seventh research session

Functional shapes: Does Art. 8 RCD apply where alternative shapes exist?

Introduction by Mr. Arnaud Folliard-Monguiral, Litigator of the OHIM before the ECJ

  • First Speaker: Ms Zeliha Feyza İşeri, Istanbul Bilgi University
     

Eighth research session

Preliminary injunctions and seizures based on Community design rights: the competence of national courts and its extent.

Introduction by Mr. Arnaud Folliard-Monguiral, Litigator of the OHIM before the ECJ

Ninth research session

Public order and morality as grounds of refusal. European concept and comparative approach.

Introduction by Mr. Gregor Schneider, Litigator of the OHIM before the ECJ

Tenth research session

The concept of trade mark series: origin and implications for the scope of protection.

Introduction by Mr. Gregor Schneider, Litigator of the OHIM before the ECJ

Eleventh research session

Is a trade mark consisting of a personal name (Christian name and/or surname) more distinctive than another type of word mark, or less?

Introduction by Mr. Detlef Schennen, Chairman of the Fourth Board of Appeal of the OHIM

  • First Speaker: Ms Bénédicte Cuylits, University of Maastricht
  • Second Speaker: Mr. Andres Ruiz de Zárate, University of Alicante
     

Twelfth research session

Is a Community trade mark registered in Cyrillic characters (eg, filed by a Bulgarian applicant) to be deemed to be registered in its Latin characters transliteration also?

Introduction by Mr. Detlef Schennen, Chairman of the Fourth Board of Appeal of the OHIM

OHIM will publish PhD theses

In the OHIM’s Strategic Plan, emphasis was placed on an ambition to become a world leading organisation in the field of Industrial Property (SP page 43), and a commitment to organisational excellence and international cooperation - which constitute the two pillars of the OHIM’s vision for 2015.

In order to achieve this ambition, the Academy has been set up to contribute, inter alia, to the creation of a knowledge repository. The Strategic Plan emphasizes that “in the context of the European Trade Mark and design network that is the hallmark of OHIM’s vision of the future, sharing knowledge with OHIM stakeholders - whether colleagues from IP offices, universities, professionals networks, or members of user organisations - is an important feature of a knowledge-based organisation” (SP page 56).

This line of action is developed further, in Key Initiative 18, which specifies that “a successful knowledge management strategy consists of a framework and tools that enable knowledge sharing, access and continuous learning” (SP page 57).

At the level of academic research and analysis, PhD theses are the most elaborate synthesis and sources of reflection in our field, but often are directed at, and remain, too narrowly confined to a limited community of academic specialists; they are not sufficiently promoted outside of this circle. This is unfortunate as, frequently, they contain valuable information and critical elements of analysis, which would help practitioners to progress with new ideas during the future construction of the IP world, in our global economy.

For this reason, and to complement its other initiatives undertaken in partnership with the academic world, the OHIM wishes to publish PhD theses addressing (i) the Community Trade Mark or (ii) Community Design systems and (iii) European IP enforcement issues on its website, in order to promote them to a wide public audience

If you want your PhD thesis to be published on the OHIM website, please send an electronic version of your PhD thesis to: UniNet@oami.europa.eu. This request must be accompanied by a short recommendation letter, preferably in English, written by the supervisor of your thesis, the head of your Research Centre, or the head of the Jury. This recommendation letter must explain briefly why your work deserves to be published by the OHIM. The PhD thesis will be published in the version (except for corrections requested by the Jury) in which it was passed. Publication will be free of charge for the students, and free of royalties for the OHIM. The OHIM shall be free not to publish PhD work that falls outside of the three scopes of interest indicated above, and to withdraw any theses which it considers offensive. The PhD theses will be published in a PDF (or equivalent) format. The work will be published in its original language, but the OHIM may also publish any translation in other languages that you may have prepared.

Once accepted for publication, the PhD theses will be published with the following warning: “The opinions expressed by the authors in their master thesis are strictly personal and do not necessarily reflect the views of the Office for Harmonization in the Internal Market (Trade Marks and Designs). All rights reserved. No part of this publication may be reproduced, stored in retrieval systems, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior authorisation of the authors. The Office shall not be held liable, nor shall its liability be sought, in connection with any copyright or author’s right issues arising out of these theses.”