Third-party marks

The affixing of any other marking liable to deceive third parties as to the meaning and form of the CE-marking must be prohibited ... 

Where conformity assessment involves intervention of third party, that task is normally carried out by the notified body. The pressure equipment directive enables in addition the national authorities to authorise in their territory user inspectorates for the carrying out of conformity assessment procedures which relate to product verification. These inspectorates shall act exclusively on behalf of the group of which they are part. The placing on the market and putting into service of equipment which has undergone such assessment is however limited to the territory of the authorising Member State and to those Member States which have also proceeded to such authorisation. The equipment concerned shall therefore not bear the CE-marking. 

Principal considerations used to determine whether a prospective mark conflicts with an existing third-party mark include the similarity of the marks and the relationship between the kinds of merchandise for which the marks are used or are intended to be used (2). Without some kind of relationship... 

Plots should be clearly labeled, and the trial/study identity should be marked in the vicinity of the trial. Plots should be clearly triangulated to fixed points so that at a later date independent third parties can identify separate plots on the basis of documentation. 

An overview is presented of the CE marking requirements for manufacturers of medical devices, the role of EU Notified Bodies and third party approval and the provision of relevant data to the manufacturers of medical devices. 

For the manufacturer, the CE mark is based on self-declaration made after the risk analysis on the machine has been made. A third party check, in this case of an ENTAM member, checking the procedure places, an additional, voluntary mark on the machine. This guarantees quality control giving added value to the product. 

EU regulatory authorities can audit manufacturers for compliance, or alternatively they can delegate authority for deciding whether the CE marking is appropriate to approved competent third-party organizations. 

To foil such tactics, you must be in control of setting up transactions, not your customers. They do not call you to set up deals in fact, it s best that they not even have your number, address or real name. Know well the schedules and habits of your customers, and simply call them with very short warning times of your arrival and readiness to do business. Third parties are not invited, wanted or allowed. If they don t have all the cash ready at hand, just front the remainder with an understanding of how long it will take to gather up the balance. Then return similarly unannounced to collect what is owed. By this I don t mean to come back in a couple hours to pick up the marked bills. Rather, the time frame must be sufficiently long so as to make a stakeout by the enemy a real pain and not worth their bother. 

In addition to the CE marking affixed to a product, customers may demand a European third-party (notified body) approval mark, certification, or test report connoting a higher level of quality to ensure safety/EMC compliance. To control non-conforming products the following clause from the Official Journal of the European Communities (OJEC) applies ... 

Is not a mark or certification or approval issued by a third party,... 

Not a mark, certification, or approval from European recognized third-party (e.g., notified body) ... 

The CE marking is not a mark and should not be confused with a mark, certificate, or approval issued by a European recognized third-party (e.g., notified or competent body). The CE marking is a symbol of the manufacturer s declaration. 

D Evidence not available 1 No positive evidence available (e.g., no EU approval mark or third party report). 2 Product manufacturer rejects component, or performs complete testing, according to the relevant standard(s). Testing by EU third-party expert prefeired. Fail... 

Counseling clients regarding the validity and scope of intellectual property rights of a third party is another important role of the intellectual property attorney. A trademark attorney may provide counsel on whether or not another company s mark is sufficiently different to avoid confusion. The attorney may also advise whether the client s mark is too similar to the registered mark of another. The biotech/pharma patent attorney would also provide counsel on infringement and validity issues with respect to patents owned by another party. 

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