Source: EURLEX
Language: en
Format: md

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| CALL FOR EVIDENCE  FOR AN EVALUATION / FITNESS CHECK | |
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| Title of the evaluation | Evaluation of Regulation (EU) 2017/1001 on the European Union trade mark |
| Lead DG – responsible unit | DG GROW – Unit C.4 |
| Indicative timetable  (planned start date and completion date) | Q4 2022 – Q4-2023 |
| Additional information | – |
| This document is for information purposes only. It does not prejudge the final decision of the Commission on whether this initiative will be pursued or on its final content. All elements of the initiative described by the document, including its timing, are subject to change. | |
| A. Political context, purpose and scope of the evaluation | |
| Political context | |
| The European Union trade mark system, including the European Union Intellectual Property Office (EUIPO), was created by Council Regulation (EC) No 40/94 of 20 December 1993. This was amended by Regulation (EU) 2015/2424, which entered into force on 23 March 2016. The amending Regulation introduced changes to the trade mark procedures to increase their efficiency and consistency, and adapting them to the internet era. The reform brought changes to the trade mark fee system and aligned its governance with the Common Approach on decentralised agencies [1](#footnote2) . This reform also equipped the EUIPO with the legal basis to assume additional tasks (including, to promote convergence, cooperation with Member State industrial property offices and the Benelux Office for Intellectual Property). The amending Regulation was subsequently codified as Regulation (EU) 2017/1001 (the Regulation) and entered into force on 1 October 2017.  As a decentralised agency of the EU, the EUIPO is responsible for the registration and management of the European Union trade mark, for the registered Community design under Council Regulation (EC) No 6/2002 of 12 December 2001, and for European and international cooperation in the field of intellectual property.  In 2011, to foster convergence of practices and the development of common tools in cooperation with Member State industrial property offices and user associations, the EUIPO set up the European Union Intellectual Property Network. With the entry into force of Regulation (EU) 2015/2424, cooperation with national and regional IP offices became part of the EUIPO’s core business. Collaboration within the Intellectual Property Network has resulted in the creation of IT tools that support IP offices and users by facilitating trade mark and design registration workflows.  On 26 April 2022, the European Court of Auditors (ECA) published a special report on EU intellectual property rights (IPRs). It assessed the protection of IPRs in EU trademarks, designs and geographical indications in the single market, whether IPRs are sufficiently enforced, and whether the EU IPR regulatory framework works properly [2](#footnote3) .  The ECA’s main conclusion was that the EU’s legal framework for the protection of intellectual property rights is generally solid and robust, but some shortcomings still exist. It concluded that the Commission provided the necessary regulatory framework and support measures, and that the EUIPO has implemented its assigned tasks for the administration and promotion of EU trademarks and designs. Nevertheless, it found some flaws, in the governance and accountability framework, methodology for determining fees, consistency in decision-making and criteria for financial support to Member States. This evaluation will take into account the results of the ECA report by focusing on its findings and recommendations. | |
| Purpose and scope | |
| The Commission is undertaking the evaluation in line with Article 210 of the EU Trade Mark Regulation. The purpose of this evaluation is to assess the implementation of the Regulation, the legal framework for cooperation between the EUIPO and Member State IP offices, including the Benelux Office, and the work of the EUIPO.  In accordance with Article 210 of the Regulation, the evaluation covers the assessment of the following:  a)implementation of the Regulation;  b)the legal framework for cooperation between the EUIPO and Member State IP offices and the Benelux Office, paying particular attention to the financing mechanism laid down in Article 152 of the Regulation;  c)the impact, effectiveness and efficiency of the EUIPO and its working practices, and in particular examining the possible need to modify the mandate of the EUIPO, and the financial implications of any such modification.  The evaluation period applies from the entry into force of the Regulation, i.e. 1 October 2017, until the date of the commencement of the evaluation in Q4 2022. The evaluation will not include an assessment of the implementation of tasks and objectives based on the legislative acts referred to in Article 151 of the Regulation (which specifies the tasks of the EUIPO), i.e.: Council Regulation (EC) No 6/2002, Regulation (EU) No 386/2012 and Directive 2012/28/EU, since they are subject to separate reviews and evaluations. | |
| B. Better regulation | |
| Consultation strategy | |
| With this call for evidence, the Commission is consulting the wider public and stakeholders. There will be no public consultation, since the EUIPO regularly consults users of its services and tools on the performance of its work and processes [3](#footnote4) . The evaluation will make use of the results of such consultations. Moreover, stakeholders that have a particular interest in this evaluation can be more efficiently contacted with targeted consultation activities and detailed questionnaires. Such stakeholders include public authorities at national, EU and global level, business associations, consumer associations, users of EUIPO services and tools, and non-governmental organisations that (a) are affected by IPR policy, or (b) have an interest, reflected in their past activities, in IPR policy or the activity of the EUIPO under the Regulation.  Furthermore, interviews with senior EUIPO representatives and both its governing bodies (the Management Board and the Budget Committee) and with representatives from Member State IP offices will feed into the evaluation.  A synopsis report summarising all the results of the consultation and interviews will be added as an annex to the evaluation staff working document. | |
| Why we are consulting? | |
| - | |
| Target audience | |
| - | |
| Data collection and methodology | |
| The evaluation will look at a mix of evidence and information, including the following:  Previous evaluations  a)ECA Opinion of 30 April 2019 concerning the proposal for regulation BC-01-2019 of the Budget Committee of the European Intellectual Property Office laying down the financial provisions applicable to the Office [4](#footnote5) ; and  b)ECA special report 6/2022 on EU intellectual property rights.  EUIPO documents  a)relevant decisions of the EUIPO’s Management Board and Budget Committee [5](#footnote6) ;  b)EUIPO annual activity reports and annual work programmes 2017-2022 [6](#footnote7) ;  c)EUIPO Strategic Plan 2025 [7](#footnote8) ; and  d)10-year anniversary report of the European Union Intellectual Property Network [8](#footnote9) .    The Commission’s work will be supported by a study carried out by an external contractor. It will look at existing information and collect additional knowledge and evidence, including by targeted consultation and interviews. With this, it will provide further data for the assessment under the evaluation in line with Article 210 of the Regulation. | |

:   [(1)](#footnoteref2)
       
    <https://europa.eu/european-union/sites/europaeu/files/docs/body/joint_statement_and_common_approach_2012_en.pdf>
    .
:   [(2)](#footnoteref3)
       Special report 06/2022: EU intellectual property rights - Protection not fully waterproof, 
    <https://www.eca.europa.eu/Lists/ECADocuments/SR22_06/SR_EU-IPR_EN.pdf>
    <.>
:   [(3)](#footnoteref4)
       
    <https://euipo.europa.eu/ohimportal/en/strategic-drivers/ipexcellence/customers>
    .
:   [(4)](#footnoteref5)
       
    <https://www.eca.europa.eu/Lists/ECADocuments/OP19_01/OP19_01_EN.pdf>
:   [(5)](#footnoteref6)
       
    <https://euipo.europa.eu/ohimportal/en/governance>
:   [(6)](#footnoteref7)
       
    <https://euipo.europa.eu/ohimportal/en/publications>
:   [(7)](#footnoteref8)
       
    <https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/contentPdfs/about_euipo/strategic_plan/SP2025_en.pdf>
:   [(8)](#footnoteref9)
       
    <https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/contentPdfs/news/10_years_connecting_the_world_of_IP_en.pdf>

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