EU: Amendments to the Rules of Procedure of the EUIPO’s Boards of Appeal

Amendments to the Rules of Procedure of the EUIPO’s Boards of Appeal

On December 22nd, 2023, the Official Gazette of the European Union published Regulation (UE) 2023/2437, amending the Rules of Procedure of the Boards of Appeal of the European Union Intellectual Property Office (EUIPO). This Regulation entered into force on March 1st, 2024.

One month after its entry into force, we analyze the main amendments introduced by the new Regulation, highlighting its implications for the parties and their representatives.

These modifications aim to improve procedural efficiency, transparency and accessibility within the European Union Intellectual Property (IP) framework.

We summarize in our “Complete Bulletin in PDF” the main changes, which refer to: (I) extensions of time; (II) suspension of proceedings; (III) alternative dispute resolution at the appeal stage; and (IV) quality control of decisions.

Overall, the amendments introduced by Regulation (EU) 2023/2437 reflect a significant step in strengthening the appeals procedure, facilitating inter partes agreements and eventually improving the protection of IP rights. It also promotes, at the same time, a more accessible and transparent system.

Regulation (EU) 2023/2437 represents a comprehensive effort to improve the procedural framework regulating the resolution of European Union Trademarks and Community Designs disputes within the European Union. By focusing on simplifying proceedings, improving transparency, promoting accessibility and inter-party agreements, as well as quality assurance, this Regulation seeks to strengthen the efficiency and effectiveness of the appeals procedure within the EUIPO.