Legal Alerts/14 Jul 2016

Legal Alert – Ministry of Economic Affairs and Employment Appoints Working Group to Revise the Trademarks Act

The Ministry of Economic Affairs and Employment of Finland has decided to establish a working group to revise the Finnish Trademarks Act and in this context propose changes to the Act implementing the new Trademark Directive (EU) 2015/2436 (recast) and enforcing the Singapore Treaty on the Law of Trademarks.

The working group’s term of operation starts 15 August 2016 and ends 15 December 2017 when the working group presents a proposal for a new trademark act. The aim is to give the Government Proposal to the Parliament during the autumn session of 2018.

Complete Revision Planned

The present Trademarks Act has played a central role in shaping the legal basis for trademark protection in Finland. The Act is, however, partly outdated and also incoherent due to several changes over the years. A complete revision of the Trademarks Act is therefore planned to be carried out in connection with the implementation of the Trademark Directive. The negotiations concerning the Trademark Directive harmonising national trademark laws of the Member States were concluded in December 2015. The vast majority of the changes introduced by the Trademark Directive must be implemented into national legislation within a period of three years ending 14 January 2019, whereas Article 45 on the procedure for revocation or declaration of invalidity must be implemented by the end of 14 January 2023. The working group will, however, prepare for the implementation of the whole Directive in connection with the revision of the Trademarks Act. In addition, the working group will address other changes in legislation relating to the revision of the Trademarks Act and especially with regard to the Finnish Company Names Act.

Åsa Krook, Partner at Borenius, has been nominated as a member to the working group.

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