Authorized lawyer at Leitzinger
Mr Jukka Kivitie, Master of Laws trained on the bench, has been accepted as our company’s first ”Authorized lawyer”.
From January 1, 2014, only an advocate, a legal aid counsel or an authorized lawyer is entitled to act as an attorney in the general courts of law in Finland. We at Leitzinger Oy are thus able to provide legal representation to our clients in all Finnish courts also in future.
Authorized lawyers are obliged to follow the same professional code of conduct as advocates and legal aid counsels. In addition to the Chancellor of Justice, authorized lawyers are supervised by both a supervisory committee operating in connection with the Finnish Bar Association, as well as by a specific committee for authorized lawyers.
We are presently seeking a qualified European Patent Attorney specialised in the field of electromechanics.
Inquiries: Managing Director Timo Sole, mobile: +358 40 5339833; email: email@example.com
IPR COURT TO BE ESTABLISHED IN FINLAND
The significance of IPR-related matters in the operations of business enterprises is continuously increasing and the disputes concerning them are often complex and of a high financial value. Legislation relating to IPR matters also involves a great deal of regulation on many levels. Therefore, matters relating to immaterial property rights require highly specialised know-how. It has been found that this know-how accumulates best by centralising the handling of these matters within a special court. The centralised handling of IPR-related matters in a special court is believed to improve the standard of the decisions and to create good opportunities for more rapid and economical handling. Centralisation also diminishes the need to appeal.
Along with the IPR court, Finland could also become an inviting site for international judicial proceedings and Finnish judges could acquire know-how also from international assignments.
According to the bulletin of the Central Chamber of Commerce, the plan concerning the IPR court seems to have moved ahead and a new IPR court is to be established in Helsinki in connection with the Market Court. According to published information, the IPR court would start operations in the autumn of 2013. Matters pending prior to this date would not be transferred to the new IPR court.
The matter concerning the IPR court is expected to be confirmed in the near future.
The amended Patents Act will enter into force on November 1, 2011. After that date the specifications of European patents and domestic applications drawn up in English no longer need to be translated into Finnish. However, claims still have to be translated into Finnish.
FINLAND TO BECOME PARTY TO THE GENEVA ACT OF THE HAGUE AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS ON MAY 1, 2011
Finland is to become party to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs on May 1, 2011.
It has been possible for Finnish applicants to use the international design registration system already since the beginning of 2008, when the EU became party to the Geneva Act. Finland’s becoming party to the Geneva Act makes it possible to name Finland as a designated state in an international design registration application.
The number of states and other parties that are party to the Geneva Act is currently 40, including, for example, Germany and France. The USA, China and Japan have not as yet become parties to the Act. A complete list of the contracting states can be found on the WIPO’s home page at: http://www.wipo.int/export/sites/www/treaties/en/documents/pdf/hague.pdf
An international design registration application may be filed directly with the WIPO, an earlier national application or registration not being a prerequisite, as is the case with trademarks. Having received an application, the WIPO examines it formally, after which each designated state examines the application in other respects. The designated states then either accept the international design registration or notify the WIPO of their refusal to accept.
The centralised system reduces costs compared with separately filed national applications and makes possible registration in all the contracting states with a single application. Renewal also takes place in a centralised manner with one application.
The Finnish Parliament has approved the Government’s proposal (HE175/2010) to join the London Agreement and to amend the Patents Act accordingly. The Act is expected to enter into force next autumn, but a corresponding decree has not yet been given. Once the Act has entered into force, the specifications of European patents and domestic applications drawn up in English no longer need to be translated into Finnish. However, claims still have to be translated into Finnish.
New phone numbers
NB! We have a new mobile switchboard as from February 22, 2011 and our previous extension numbers have been replaced with new GSM numbers (see Contact).
Our exchange number + 358 9 685 9920 and fax number + 358 9 685 99210 remain unchanged.
Changes in the registration procedures of Estonian .EE domain names as of July 5, 2010
Until now only Estonian citizens or companies have been allowed to register a .EE domain name. In addition, only one domain name per right holder was allowed. According to the new rules, as of July 5, 2010 the registration of .EE domain names is allowed also to foreigners and the quantitative restrictions have been removed. However, the foreign applicants need to continue to have a local administrative contact in Estonia.
In addition, the current owners of .EE domain names need to reregister their domain names during a 6 months transition period which began on July 5, 2010.
The official fees of the National Board of Patents and Registration of Finland (NBPR) will change as of 1 April 2010
The official fees of the National Board of Patents and Registration of Finland (NBPR) will change as of 1 April 2010. These changes concern national patents, national utility models, patents and utility models according to the Patent Cooperation Treaty (PCT), European patents, supplementary protection certificates, layout-designs of integrated circuits, and the Register of Patent Attorneys.
The implementing provisions of the decree state that if an annual fee for a patent application or a patent is due for payment on or after the day on which the decree comes into force, and is paid in advance (in this case, before 1 April 2010), the fee must be paid according to section 1 of the above decree. It is therefore important that the correct amount is paid; if not, the difference must be paid on the due date at the latest. Failure to do so will result in an increased annual fee.
25.11.2009 Russia starts the registration of Cyrillic domain names
As of November 25, 2009 Russia starts the registration of Cyrillic domain names (.РФ- domain i.e. so called .RF-domain). Until the end of March 2010 the registration is reserved for those who already own corresponding .RU- domains. After this the domain names shall be released on a first come, first served basis.
Changes in .EU- and .DE domain name practices
As of 10.12.2009 it will be possible to register .EU- domain names with any national signs of all the official languages of EU, such as “ö”, “ä” or “å” as well as Cyrillic and Greek alphabets. For instance not all e-mail software necessarily supports national signs which should be taken into consideration in registering a domain with national signs.
The German registry DENIC decided to allow the registration of one- and two-digit domains as well as domain names composed exclusively of numerals. The release will be made on October 23, 2009, on a first come, fist served basis.
From 1.9.2009 the registration and renewal for .FI domains may also be done for five years period
As of the beginning of September, it will be possible to register fi-domain names for the maximum of five years, in addition to previous one year and three years periods. This applies also to the renewals of those domain names that have already been granted. This comes from the amendment to the Finnish Domain Name Act. Furthermore, the waiting period (release to register anew) of domain names will be shortened. The waiting period after the termination, revocation or expiration of a domain name will be shortened form three months to one month, where after the domain can be registered to a new holder.
Reductions in the fees of the EU Trademark Office as from 1.5.2009
As from May 1, 2009, the former two-stage method of payment for community trademarks (application fee + registration fee) will change into a single payment payable at the application stage. The overall fee payable to the Patent Office will at the same time be reduced by approximately 40 %, that is, for example for an online application filed by us, the reduction is EUR 700. Our clients will be granted this benefit in full.
Changes in the fees of the National Board of Patents and Registration concerning trademarks and design rights as from January 1, 2009
The official fees of the National Board of Patents and Registration of Finland (NBPR) concerning trademarks and design rights will increase as from January 1, 2009. At the same time, oppositions filed against trademarks will become subject to a fee (the official opposition fee is EUR 215,-). Oppositions filed against design rights will continue to be free of charge. Reductions in fees will no longer be granted for entries concerning assignments, changes of name or other changes made in connection with renewals.
New domain .TEL open for registration via us
.TEL domain names are for expediting and making it easy to contact the domain holder company. In provides easy accessible contact info, with automated means for making the contact and to keep contact info updated in real time. Companies and individuals interested in enhancing considerably ways to get contacted should consider registering .TEL domain.
.TEL registration will start on 3 December 2008. Period until 2 February 2009 (Sunrise period) is reserved to those having registered trademarks. The commonly open phase (Landrush) starts on 3 February 2009. We suggest anyone who is interested in enhancing realising better means for contacts in practice to consider registration. Contact us for the registration and/or inquiries.
Official fees concerning the application fee, fees for patent claims, publication fees and annual fees will change on April 1, 2008.
An important change to the official fees is that as from April 1, 2008 the official publication fee will be fixed instead of the current practice which is based on the number of pages to be published. The fixed official fee is EUR 300, if the documents to be published are submitted electronically and EUR 400 when they are submitted on paper.
If the annual fee for a patent application or a patent falls due for payment on 1 April 2008 or thereafter the fee must be paid according the fee schedule valid on the due date.
INTERNATIONAL DESIGN SYSTEM
The EU has joined the Geneva Act of the Hague Agreement concerning international designs. As from January 1, 2008, citizens and businesses in the European Community will be able to apply for international design registration by filing an application either directly with the WIPO or through their respective national offices. In addition to the European Union, in the application may also be designated other states that have joined the Hague Agreement. So far, 47 countries have become party to the Agreement. Finland is most likely to join the Agreement during 2008, after which Finland may be named as a designated state in the application.
The centralized system reduces costs compared with individually filed national applications and makes it possible to obtain registration with a single application in all the countries party to the Agreement. Renewals will also take place in a centralized manner by means of a single application.
THE FINNISH PATENT OFFICE’S LIST OF TRADEMARKS WITH A REPUTATION
The National Board of Patents and Registration is beginning to maintain a list of trademarks with a reputation. Applications for entry in the list will be received by the Patent Office as from August 15, 2007. An entry in the list is valid for five years, after which it may be renewed.
Subsequently, when new trademark applications are being handled, marks with a reputation entered in the list that are confusingly similar are involved in the application process in that an applicant filing a new application and a proprietor of an earlier mark with a reputation are made known to each other. Any further action is left to be decided on by the applicant and the proprietor. The proprietor of a trademark with a reputation thus receives information on a new mark regardless of class boundaries and may file an opposition against the new application. On the other hand, the applicant of the new application is informed of an earlier mark with a reputation which, regardless of class, may be cited in filing an opposition against the new application, thus hindering the application process and possibly even preventing registration.
A prerequisite for being entered in the list is that the mark to be listed has a reputation in Finland. The reputation of the mark is assessed within its target group. Proof of the reputation of the mark must accompany the application.
The aim of the listings is to prevent trademark disputes, to supplement preliminary examinations and examinations of confusing similarity and to lessen copying of the mark in other product groups.
For further information, please contact our trademark attorneys.
New Managing Director
Mr. Timo Sole, M.Sc. (eng.), has been appointed as Managing Director of Leitzinger Oy as from 1 May 2007. Mr. Sole has been at Leitzinger Oy since 1986.
Extended duration of SPC
Extended duration of supplementary protection certificate according to new EU Regulation
As of 26 January 2007, it is possible to request for a six-month extension of the duration of a supplementary protection certificate for medicinal products studied for paediatric use according to Regulation (EC) No. 1901/2006 of the European Parliament and of the Council.
Regulation (EEC) No. 1768/92 of the Council on supplementary protection for medicinal products has been amended by this new Paediatric Regulation.
The duration of a supplementary protection certificate that has been granted or shall be granted by virtue of Regulation (EEC) No. 1768/92 can, with certain preconditions, be extended by six months. The preconditions are laid down in Article 36 of the new Regulation.
An extension of the duration shall be requested at the National Board of Patents and Registration of Finland. According to Article 52 of the Paediatric Regulation:
1) Where the application for a certificate includes a request for an extension of the duration, a copy of the statement according to Article 36(1) of the Paediatric Regulation and, where necessary, proof that it has authorisations to place the product on the market of all other Member States shall be attached to the application.
2) Where an application for a certificate is already pending with the National Board of Patents and Registration, a request for an extension shall include the particulars referred to in item 1) and a reference to the application for a certificate already filed.
3) The request for an extension of the duration of a certificate already granted shall contain the particulars referred to in item 1) and a copy of the certificate already granted.
No separate fee is payable on the request. If the request concerns a certificate already granted, a fee must be paid for the entry into patent register when the request is filed.
The request for an extension of the duration of a certificate already granted shall be filed, at the latest, two years before the duration expires. However, during a transition period that expires on 26 January 2012, such a request can be filed, at the latest, six months before the duration expires.
Section 52o of the Patents Decree will be applied to the annual fees for certificates whose duration has been extended.
Expansion of the EU on January 1, 2007
The European Union will expand by two new member states, namely Bulgaria and Romania, on January 1, 2007. This means that old Community Trademark and Community Design registrations and applications will automatically enter into force also in these new member states. However, if earlier valid national rights to a corresponding mark or design exist in these member states, the holders of such rights shall maintain their rights of use. In other words, an old Community Trademark or Community Design registration extends automatically to cover the new member states, but the right of use only if no earlier national rights to a corresponding mark or design exist in these states. New Community applications filed after the expansion will cover the entire enlarged EU area.
Domains for the new .EU domain extension can be applied from the end of this year in three phases:
Sunrise Phase 1*):
Holders of community trademarks, national trademarks, trademark licensees and public bodies. This phase lasts two months.
Two months Sunrise Phase 2*):
Holders of unregistered trademarks, company names, trade names, business identifiers, distinctive titles of protected literary and artistic work and family names. This phase lasts two months after the end of Sunrise Phase 1.
General Phase 3:
Domain names registered on the first-come first-served basis. General Phase starts after the above Phases have ended.
Only the following categories of companies, organizations and individuals will be able to register a .EU domain:
a) Undertakings having their registered office, central administration or principal place of business within the European Community;
b) Organizations established within the European Community without prejudice to the application of national law;
c) Natural persons resident within the European Community
*) Registrants will have 40 days to provide proof of trademark ownership, and applications will be assessed on a first-come first-served basis.