February 2025 | Bulletin num.174 |
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Public participationThe opinion of citizens, organizations and associations is very important when drafting a regulatory project or to obtain additional contributions in the case of a regulatory project already drafted. Within this framework of public participation, the SPTO has opened the following procedures: 1. Hearing and public information on the Draft Royal Decree regulating the national procedure for the processing of applications for registration, modification of the specifications and cancellation of geographical indications of artisanal and industrial products in the European Union Register. Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications of artisanal and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 brings with it the creation of a new industrial property title, unique for the entire European Union. To this end, the European Regulation provides for a registration procedure to be executed in two phases: a first national phase, performed by the competent authority designated by the Member State of origin of the geographical indication, and a second European phase (provided that the national phase was favorable to the application), where the European Union Intellectual Property Office (EUIPO) grants or refuses registration of the indication. The purpose of this Royal Decree is to regulate the national phase of the procedure for geographical indications within the competence of the State, that is, whose territorial scope exceeds that of an autonomous community. It also regulates the action of the Spanish Patent and Trademark Office, O.A. (SPTO) as liaison between the competent bodies of the autonomous communities and the EUIPO in the case of applications whose territorial scope extends to a single autonomous community, which are therefore dependent on the respective autonomous community administration. It also regulates the possibility of making amendments to the specifications, the possibility of cancelling the geographical indication whose territorial scope exceeds that of an autonomous community, once registered, as well as the official control regime for such geographical indications for artisan and industrial products. It also provides for the creation of channels for the coordination of the administrations with competence in geographical indications for handicraft and industrial products. Any interested party may make their contributions until March 14, 2025. The consultation can be accessed from here and contributions can be made by sending an e-mail to: coordinacionjuridica@oepm.es. 2. Prior public consultation on the Preliminary Draft Law to amend Law 20/2003, of July 7, 2003, on the legal protection of industrial design to transpose Directive (EU) 2024/2823 of the European Parliament and of the Council, of October 26, 2024 on the legal protection of designs and models. Any interested party may make their contributions until March 6, 2025. The consultation can be accessed: https://www.mintur.gob.es/es-es/ParticipacionPublica/Paginas/DetalleParticipacionPublica.aspx?k=705) and contributions can be made by sending an e-mail to coordinacionjuridica@oepm.es. IG artisanal and industrial products
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