Common Practices of the EU Intellectual Property Network as Soft Law and Beyond

This paper examines the Common Practices of the European Union Intellectual Property Network as instruments of soft law. The reform of trade mark law in 2015 authorised the Intellectual Property Offices who belong the Network to converge their practices. This is done in cooperation with stakeholders from the private sector, who are the users of trade mark system. The Common Practices adopted so far harmonize trade mark procedures across European Union, with the aim to enhance transparency, legal certainty, and predictability for both examiners and users. The study discusses the legal significance of Common Practices as European Union soft law in general, contemplating their validity and legitimacy within the European legal framework and highlighting that their effectiveness stems from both internal recognition in European law and normative expectations. The European Court of Justice has recognised legal effects that soft law instruments may have, including self-binding effect and the obligation of Member State courts to take such instruments into consideration while deciding cases. While Common Practices are not legally binding, they exert influence by creating normative messages that guide the behaviour of trade mark offices and applicants. Keywords: Soft Law; Trademarks; Common Practices; EU Intellectual Property Network