Publication of the CP12 Common Practice
On 31 March 2021, the European Union Intellectual Property Office (EUIPO) published its CP12 Common Practice, which contains recommendations and guidance on the evaluation of evidence in trade mark appeal proceedings. The common practice was unanimously adopted by the Management Board, which is composed of the representatives of the Member States, at its meeting in November 2020. The text is available in all EU languages, including Hungarian.
CP12 is the first initiative aimed at convergence between the practices of Member States in the area of trade mark appeal proceedings. The document focuses on the evaluation of evidence, in particular its types, sources, means, presentation, and evidence containing confidential information.
The document is of a recommendation nature, so it does not establish any obligation for its application. Several EU Member States have already indicated that they will apply the guidance laid down in CP12 in their proceedings. The CP12 Common Practice relates to appeal proceedings (except for infringement cases), thus in Hungary it may be applied in court proceedings aiming at the review of decisions of the Hungarian Intellectual Property Office.
The Hungarian courts proceed on the basis of the laws governing judicial proceedings, however, they accept the guidance set out in the document as a recommendation. Certain elements of the common practice already found application in the earlier case law of our national courts.
The Hungarian Intellectual Property Office is in the process of examining whether there are aspects of the CP12 common practice that can be applied in its current procedural practice.