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Updates

New updates, improvements, and notable regulatory changes.

The ‘Standard’ of Use Evidence in the EU: Advertising and Promotion Can Be Enough to Show Genuine Use

Does evidence of booking, advertising, and selling services within the EU constitute genuine use of a registered trademark, even if the actual service provision occurs abroad?

In a recent decision, the General Court of the European Union (EU) addressed a critical question: Does evidence of booking, advertising, and selling services within the EU constitute genuine use of a registered trademark, even if the actual service provision occurs abroad? The case, T-768/20 (Standard International Management LLC v EUIPO), sheds light on the intersection of trademark law, advertising, and cross-border services.

Background

Standard International Management LLC (SIM), a hotel operator, owns the EU logo mark “The Standard,” registered in 2011. However, the hotels operating under this brand are all based in the United States. Asia Standard Management

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UK PTSI Act: Compliance vs Sanctions and £10m in Fines

UK joins a collective effort towards bolstering product security standards by applying the new product safety requirements for connected products, effective as of 29th April 2024. These regulatory changes align with the EU’s Cyber Resilience Act.

UK joins a collective effort towards bolstering product security standards by applying the new product safety requirements for connected products, effective as of 29th April 2024. These regulatory changes align with the EU’s Cyber Resilience Act.

The Product Security and Telecommunications Infrastructure Act 2022 (PTSI) outlines the specific security measures applicable to "connectable products," consolidating previously voluntary cybersecurity practices under the Code of Practice for Consumer IoT Security.

All businesses involved in the supply chain of these connected products must ensure compliance with the legislation, whether they function as manufacturers, importers, or distributors.

Products within the scope of the

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Amendments to Harmonised Standards for Medical Products

The European Commission issued Implementing Decision (EU) 2024/815, amending Implementing Decision (EU) 2021/1182 as regards harmonised standards for medical.

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AliExpress Faces Formal Proceedings Under EU's Digital Services Act: Lessons of Compliance for Economic Operators

AliExpress was designated as a VLOP under the EU's DSA and is now facing formal proceedings for potential breaches. The Commission is investigating areas such as content moderation, transparency of advertising, and the traceability of traders.

Intro: AliExpress is an online platform where many manufacturers, typically based in China, offer their products and manufacturing services. The platform is popular with trading companies and online sellers. It is common that the products you buy on Amazon, Wish, or your local e-commerce platform are originally sourced from AliExpress. 

AliExpress was designated as a Very Large Online Platform (VLOP) under the EU's Digital Services Act and is now facing formal proceedings for potential breaches of the DSA. The Commission is investigating areas such as content moderation, transparency of advertising, and the traceability of traders. If proven, these failures

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EU Digital Battery Passport: From Challenges to Opportunities

The Digital Product Passport isn’t just about data—it’s about action. Technical hurdles, data standardisation, and cross-sector coordination require careful navigation. Lessons learned from battery passports can inspire and guide other product groups toward sustainable practices.

The Digital Product Passport (DPP), introduced as part of the new EU regulatory frameworks for ecodesign and batteries, is a groundbreaking tool. Its purpose? To revolutionise the way we collect and share product-related data among supply chain actors. As the first of its kind globally, the DPP aims to bridge existing information gaps for products and components throughout global supply chains. But what makes it truly transformative? Its role as a key enabler for circular business models.

Batteries are the first product group for which the use of a DPP will be a legal requirement as of 2027 ( See the

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EU to Introduce Legislation Promoting Sustainable Product Design

The Ecodesign Regulation, Repair of Goods Directive, and Empowering Consumers Directive are all part of the EU's broader Green Deal initiative to achieve climate neutrality by 2050.

The European Union is set to implement three key pieces of legislation aimed at encouraging more sustainable product design and extending product lifespans with a focus on energy-intensive products initially.

The Ecodesign Regulation, Repair of Goods Directive, and Empowering Consumers Directive are all part of the EU's broader Green Deal initiative to achieve climate neutrality by 2050.

The Ecodesign Regulation focuses on product development and manufacturing, setting new requirements for endurance, reusability, repairability, and energy and resource efficiency. The Empowering Consumers Directive places information obligations on sellers to help consumers make sustainable purchase decisions and avoid greenwashing claims. On the

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Toy Safety Standard in Need for Urgent Revisions. Germany Calls

Germany has filed a formal objection to the toy safety standard EN 71-1 due to concerns raised after a child sustained a significant finger injury while playing with a three-wheeled ride-on toy.


Germany has filed a formal objection to the toy safety standard EN 71-1 due to concerns raised after a child sustained a significant finger injury while playing with a three-wheeled ride-on toy. This incident has highlighted safety deficiencies within the current standards, prompting the need for urgent revisions to ensure toy safety.

Upon closer inspection, this ride-on toy, classified under the Toy Safety Directive (Directive 2009/48/EC) and EN 71-1, revealed several danger points that demand immediate attention. 

Identified Danger Points:

1. Crush Risk: The design flaw in the wheel spokes and the gap between the wheel fork

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Stricter Rules for Toy Safety

The new EU toy safety rules are crucial in proving additional support for manufacturers, particularly SMEs. These measures are designed to protect children and improve market transparency.

The European Parliament is backing stricter rules for toy safety to protect children and address emerging challenges such as online shopping and digital technologies. The new directive aims to reduce unsafe toys in the EU market.

  • Key changes include a ban on harmful chemicals, requiring digital product passports for toys, and ensuring safety, security, and privacy standards in digital toys.
  • The regulations also promote fair competition for EU toy manufacturers, addressing challenges posed by online shopping and digital technologies.
  • The regulation enhances market surveillance, strengthens border checks, and facilitates consumer access to safety information.
  • The directive aims to safeguard children's
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New Cybersecurity Requirements

The EU aims to enhance the resilience of its digital ecosystem and mitigate the increasing cyber threats through CRA.

The Cyber Resilience Act (CRA) has been approved by European parliamentarians and the Council, bringing new cybersecurity requirements to protect digital products in the EU from cyber threats. The act introduces mandatory cybersecurity obligations for the design, development, production, and sale of hardware and software products. Manufacturers will be responsible for meeting these obligations, including providing cybersecurity risk assessments and cooperating with authorities. The act also includes transparency obligations for consumers and requirements for manufacturers to ensure the ongoing security of their products. The CRA will complement existing cybersecurity legislation and will apply three years after it becomes law. European

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EU Blacklisted 31 Dangerous Chemicals Since Brexit; UK Banned Zero

Interesting Politico article on the challenges of Brexit for the UK's chemical industry.

Campaigners are concerned U.K. chemical regulation has been left to “wither on the vine,” Politico reports. The article discusses the challenges of Brexit for the UK’s chemical industry.

The aftermath of Brexit has defied earlier predictions of a sharp economic downturn in the UK, with GDP growth rising by 0.5% in the third quarter, surpassing initial forecasts by the Bank of England. The chemicals industry, the fifth largest in the EU, has outperformed other sectors, experiencing positive trends in production and exports due to the devaluation of the pound. Major investment projects, such as those by Ineos

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Product Repairs - Accessible and Cost-Effective

EU negotiators have reached a provisional agreement on a bill that promotes the repair sector and reduces waste by making product repairs more accessible and cost-effective.

EU negotiators have reached a provisional agreement on a bill that promotes the repair sector and reduces waste by making product repairs more accessible and cost-effective. The agreement includes measures such as an obligation for manufacturers to repair common household products, informing consumers about a manufacturer's duty to repair, options for consumers to borrow a device or opt for a refurbished unit while their product is being repaired, and free access to indicative repair prices. The agreement also requires manufacturers to make spare parts and tools available at a reasonable price and prohibits them from obstructing repairs. Additionally, an online

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Commission Published Guidance on Medical Devices Labeling Requirements

The Commission and the EU Member States have created MDR and IVDR tables with an overview of language requirements for manufacturers of medical devices.

The Commission and the EU Member States have created MDR and IVDR tables with an overview of language requirements for manufacturers of medical devices.

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Proactively Navigating Amazon's New Regulations: A Guide to GPSR Compliance

Selling non-food products on Amazon's EU platforms? Your business will be impacted by the General Product Safety Regulation (EU) 2023/988.


If you sell non-food products in the EU and Northern Ireland, you are impacted by GPSR new compliance requirements that you need to be aware of to avoid potential consequences.

Although the General Product Safety Regulation (EU) 2023/988 (GPSR) comes into effect on December 13, 2024, by staying informed and proactively addressing the requirements, sellers can ensure a seamless transition and continue thriving in the ever-changing landscape of e-commerce.

While GPSR does not apply in Great Britain (England, Scotland, and Wales), it does apply to sales in Northern Ireland under the Northern Ireland Protocol. This means that all Amazon

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ECHA CHEM, The New Solution for Publishing Information on Chemicals Is Now Available!

ECHA CHEM, the new EU platform with comprehensive and reliable information on chemical substances has been published.

The ECHA CHEM platform aims to provide comprehensive and reliable information on chemical substances. Developed by the European Chemicals Agency (ECHA), ECHA CHEM allows the Agency to better handle the growing diversity and quantity of data, while taking advantage of technological advancements and it is a significant step towards promoting transparency and accessibility in the chemical industry.

What is ECHA CHEM bringing to the industry?

  • a versatile, stable, user-friendly system,
  • comprehensive Data Access,
  • centralized Information hub comprising, to date, 360 000+ chemicals,
  • information from 100,000+ REACH registrations in the first version,
  • the database is set to expand with the
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Advancements in the EU's "Right to Repair" Directive: A Breakdown

On November 21, 2023, the European Parliament marked a crucial milestone by adopting its position on the proposed “Right to Repair" Directive. This article provides an overview of the key developments and implications of the adopted directive.

In November 2023, the European Parliament took an important step by adopting a new directive called the "Right to Repair." This directive aims to change how consumers make choices, reduce harm to the environment, and encourage sustainable product consumption. Here are the highlights of this directive:

1. Overwhelming Support: The European Parliament gave strong support to the "Right to Repair" directive, with 590 members voting in favor, only 15 against, and 15 abstentions. The directive was first proposed by the European Commission in March of the same year and focuses on making manufacturers ensure that their products can be repaired

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EU Parliament Approves Directive Against Greenwashing and Boosts Product Transparency

In a landmark decision, the European Parliament voted overwhelmingly (593-21) to pass a directive targeting greenwashing and promoting transparency in product claims. Pending EU Council approval, the directive is expected to be swiftly endorsed.

In a landmark decision, the European Parliament voted overwhelmingly (593-21) to pass a directive targeting greenwashing and promoting transparency in product claims. Pending EU Council approval, the directive is expected to be swiftly endorsed.

Key Points:

  1. Strict Regulations on Green Claims:
  • Businesses in the EU are prohibited from making vague environmental claims without credible evidence.

  • Terms like 'eco-friendly,' 'environmentally friendly,' 'natural,' 'recycled,' and 'biodegradable' are under scrutiny.

  1. Ban on Carbon Offset Claims:
  • Businesses cannot label offerings as 'climate-neutral' or 'carbon-neutral' if relying on carbon offsetting.

  • Concerns raised about the credibility of certain carbon offsetting schemes.

  1. End
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Investigation Finds New Risks With Philips Breathing Devices After 2021 Recall

In 2021, a widely used breathing device manufactured by Philips was the subject of a safety recall. Now, new reporting shows that the replacement machines sent out to customers might also pose dangerous problems.

In 2021, a widely used breathing device manufactured by Philips was the subject of a safety recall. Now, new reporting shows that the replacement machines sent out to customers might also pose dangerous problems.

Source: https://www.pbs.org/newshour/podcasts

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In an era where sustainability and environmental consciousness are at the forefront, the United Kingdom has taken a significant step towards a greener future. The UK Battery Strategy is a key component of the government's overall commitment to achieving net-zero carbon emissions by 2030. By investing in and promoting the development of advanced battery technologies, the UK aims to reduce its reliance on traditional fossil fuels and accelerate the transition towards renewable energy sources.

The strategy sets forth a bold vision, emphasising four key pillars.

Firstly, the plan calls for significant investment in battery research and development, with a particular

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Research Shows Harmful Substances in Childcare Products

Chemical substances causing cancer, genetic mutations or harming reproduction (CRM) are widely present in childcare products, such as car seats, bibs, and baby changing mats.

The European Chemicals Agency (ECHA) has found that substances causing cancer, genetic mutations or harming reproduction are present in childcare products, such as car seats, bibs, and baby changing mats. The findings published on November 8 2023 show that there is a need for stricter market surveillance, and further regulation.

ECHA’s investigation, drawing on information from 48 different sources, shows that substances which are carcinogenic, mutagenic or toxic for reproduction (CMR) may be present in childcare products (articles). Metals like cobalt and lead, along with phthalates like DEHP, are the most common CMR substances found in childcare products.

CMRs

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EU Commission Extends Effective Date of Expanded Radio Equipment Requirements

The European Commission has extended the effective date of its expanded application of the essential requirements of its Radio Equipment Directive (2014/53/EU).

The European Commission has extended the effective date of its expanded application of the essential requirements of its Radio Equipment Directive (2014/53/EU, also known as RED). Delegated Regulation (EU) 2023/2444, published in late October in the Official Journal of the European Union, extends until August 2025 the expanded application of the RED detailed in Delegated Regulation (EU) 2022/30. That Delegated Regulation includes the cybersecurity of internet-connected equipment under the scope of the RED and was originally scheduled to take effect in August 2024.

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Six Balkan Countries to Join the EU Single Market

Albania, Bosnia, Kosovo, Montenegro, North Macedonia, and Serbia to join the EU Single Market.

The European Union (EU) has revealed a growth plan for six Western Balkan countries - Albania, Bosnia, Kosovo, Montenegro, North Macedonia, and Serbia. This plan offers these countries access to parts of the EU single market in exchange for substantial reforms. The reforms include improving the regulatory structure for business, fighting corruption, and eliminating organised crime.

The EU's new growth plan allows these countries to enter the EU market in specific areas on a case-by-case basis, provided they demonstrate the required reforms. The areas include goods and services, road transport, energy, electricity, customs cooperation, e-commerce, and cashless payments.

Countries that

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The European Commission has published an update to the list of harmonised standards for the Radio Equipment Directive (2014/53/EU) with a number of corrections.

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The European Commission amends the list of harmonised standards under the Personal Protective Equipment Directive 89/686/EEC

Do you have applied standards to prove compliance in regard to the mentioned regulations? We recommend you to check the new list of standards to see if any of the standards you applied have been updated. If so, you need to re-evaluate your products against the updated standard and update your Declaration of Conformity. See the amendments here

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UK REACH: Deadline Extended until October 2025, published December 2021

The UK government wants to extend the deadline for registrations in the new REACH database. The plan is to extend until October 2025. This is a two-year delay. This gives industry extra time to implement a new safety regime for chemicals. The British industry pertinently opposed to the current plans to set up a new UK chemical safety database. Already in February 2021, the industry demanded an extreme rethink of the existing plans. These will, according to their figures, cost the industry £1 billion.


UK REACH: Deadline Extended
UK REACH: Deadline Extended | Photo Source:
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Amendments Toy Safety Directive 2009/48/EC as published in November 2021: a summary

The European Commission has made changes to the list of harmonized standards under the Toys Safety Directive. These have been published on 16-11-2021. In this article, we summarize the standards on the list that have been amended.


Amendments Toy Safety Directive
Amendments Toy Safety Directive | Graphics: Ellina Goncharova from Alura Group

The following standards are replaced with effect from 28 November 2021:

  • EN 71-7:2014+A2:2018 (Part 7: Finger paints – Requirements and test methods) is replaced by EN 71-7:2014+A3:2020 (Part 7: Finger paints — Requirements and test
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Pressure Equipment Directive 2021 revision Amendment
2021 Amendments Pressure Equipment Directive | Photographer: CHUTTERSNAP | Source: Unsplash

The amendments to harmonised standards under the Pressure Equipment Directive (PED) are published in an executive order. These took effect on October 11, 2021. It covers the harmonized standards for:

  • metallic industrial piping systems;
  • bolted connections for flanges and their joints;
  • flame tube boilers made of corrosion-resistant steel.

Article 12 of Directive 2014/68/EU

In accordance with Article 12, pressure equipment or assemblies thereof [1] shall be presumed to conform to the essential safety requirements [2].

[1]: Article 4(1) and (2) refer to assemblies which are in conformity with

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Europe: Eight New Substances in the SVHC Candidate List

Retailers, brands and manufacturers must notify ECHA about any substance limit over 0,1% in their articles, within six months from the inclusion of that substance in the Candidate List.

You can read all about it [HERE] on ul.com


Europe: Eight New Substances in the SVHC Candidate List
Europe: Eight New Substances in the SVHC Candidate List | Photographer: Trnava University | Source: Unsplash
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The European Commission published a notice of annulment of the Commission Delegated Regulation (EU) No 665/2013 on energy efficiency labeling requirements for vacuum cleaners. This follows a ruling of the General Court of the European Union in November last year in a case brought forward by the company Dyson. The Commission did not appeal and the annulment became in effect on 19 January 2019.

This has the following consequences from 19 January 2019 onwards:

  • Suppliers may no longer place vacuum cleaners on the Union market accompanied by the energy label as was provided for by Commission Delegated Regulation (EU)
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On October 30, 2018 the European Commission published a new version of the Borderline & Classification Manual. This manual is intended to provide guidance on the status of medical devices and in vitro diagnostics and their risk classifications.

The manual adds six new items: two to help determine medical intended purpose, one for classification and three about mobile software.

Borderline ? medical intended purpose

1. Mattress covers against mites (not considered a medical device); 

2. Lubricants intended for body massages and/or to help sexual intercourse; (lubricants for body massages or that are intended only to stimulate sexual intercourse are

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