Key Note Speach at the Milestones in Metrology III Conference in Rotterdam/NL (13.05.2009)

1. CE Marking: What Can Legal Metrology Learn from Intellectual Property? Christian Bock Swiss Federal Office of Metrology METAS

3. 13-5-2009 Private Public Intellectual Property Legal Metrology

4. Intellectual Property in a Nutshell 13-5-2009 Copyright Industrial Property Designs Inventions Marks Unfair Competition Literary, scientific and artistic works 70y after † 5 * 5y 20 * 1y + 5y n * 10y

16. What If? 13-5-2009 A collective mark is a trade mark registered by an association or a legal person governed by public law. Unlike an ordinary trade mark a collective mark does not entitle the proprietor to prohibit a third party from using it, provided the use is in accordance with honest practices in industrial or commercial matters (articles 64 ss. Council Regulation (EC) No 40/94). “ The Commission has already initiated the procedure to register CE marking as a Community collective trade mark. National market surveillance authorities will have an additional means to take legal action against manufacturers providing non-compliant products and misusing CE marking. In addition, economic operators/competitors will be entitled to bring proceedings for infringement and to claim for compensation.” Answer (9.1.2008) to the Parliamentary Question No P-5938/07 China Export mark feeding off the reputation of the European Conformité européenne mark

22. The IP Toolbox against Counterfeiting and Piracy 13-5-2009 The EU is proposing to treat all infringements of intellectual property on a commercial scale as a crime . Criminal Sanctions “ The Member States shall lay down rules on penalties for economic operators, which may include criminal sanctions for serious infringements, applicable to infringements of the provisions of this Regulation [setting out the requirements for accreditation and market surveillance relating to the marketing of Products] and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive and may be increased if the relevant economic operator has previously committed a similar infringement of the provisions of this Regulation”. Article 41 Regulation (EC) No 765/2008

23. The IP Toolbox against Counterfeiting and Piracy 13-5-2009 Customs Cooperation

28. Have we gone too far? 13-5-2009