Annual Technical Report on Trademark Information Activities in 2015 submitted by STATE INTELLECTUAL PROPERTY SERVICE OF UKRAINE
I. GENERAL OVERVIEW OF RECENT DEVELOPMENTS IN TRADEMARK INFORMATION ACTIVITIES CARRIED OUT BY THE OFFICE
Outline of main policies and plans aimed at development of trademark information activities and expected time frames for their realization
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At the end of 2015 the project was completed, the NLC AW was put into operation.
[1] The terms "mark for goods and services", "mark" and "trademark" are used interchangeably in this text, regardless of whether the registration concerns goods or services.
Main areas of trademark information activities and related information and communication technology (ICT) practices which were in the focus of attention last year
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in 2014 – 18,796, in 2015 – 24,652, i.e. 31.16 % increase with respect to the previous year.
Registered Certificates (national route):
in 2014 – 14,698, in 2015 – 12,388, i.e. 15.72 % decrease with respect to the previous year.
From January 1, 2015 to December 31, 2015 within the test period of the electronic filing system for IPRs Ukrpatent received 2,118 trademark applications (30.74 % increase with respect to the previous year).
In 2015, the highest percentage of applications was filed according to the following classes of the Nice Classification:
Class 35 "Advertising; business management; business administration; office functions" (21.9%);
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Class 25 "Clothing, footwear, headgear" (3.8%);
Class 43 "Services for providing food and drink; temporary accommodation" (3.7%).
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http://sips.gov.ua/en/normative_acts.html
http://ukrpatent.org
II. SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE
Information and support provided by the Office to applicants regarding filing on paper and/or e-filing (instructions, seminars, etc.) - URLs
Information on various procedures and sources of information on trademarks for users, in particular, trademark legislation information, services and activities of the Office relating to trademark information, statistical information etc. is available at the SIPS web-portal (http://sips.gov.ua) and Ukrpatent web-site (http://ukrpatent.org).
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All application materials for trademarks, regardless of the way they are filed to Ukrpatent (through the electronic filing system, on paper carriers, by email, Fax or other telecommunication networks), automatically or after scanning the paper carriers are entered and stored in the electronic archive of documents and used by technological systems within the pendency of applications.
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In 2015 trademark applications made the majority of the total number of electronic applications received by Ukrpatent.
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For classifying in 2015 the NCL (10-2015) and VCL (7) translated into Ukrainian were used.
(ii) Use of electronic classification systems and pre-defined terms of the classification applied
In 2015 the following electronic classification systems were used:
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- IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification). Tenth edition, version 2015" and IRS "Classification of the Figurative Elements of Marks (Vienna Classification). Seventh edition" – by a wide range of users, primarily applicants (available for free at the SIPS and Ukrpatent web-resources).
When WIPO publishes a new version/edition of the NCL, new version of the current edition translated into Ukranina is formed by administrative tools for technological automated systems.
Matters concerning processing of different types of non-traditional marks (e.g., three-dimensional, motion, hologram, color mark, etc.)
The TMAS tools provide for processing of sound, color marks.
Other activities
III. SOURCES OF TRADEMARK INFORMATION PROVIDED BY THE OFFICE
Main types of publications in the field of trademark information, outline of the content and medium (on paper, on CDs, online - URLs)
Information of the Office concerning trademarks is provided in the following publications (offcical editions, information products on optical carriers, free electronic DBs and IRSs:
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(http://base.uipv.org/searchBUL/search.php?dbname=apptmc);
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IRS "Information on Prosecution Status of Applications for Marks for Goods and Services" (http://base.ukrpatent.org/searchInvStat/);
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IRS "Classification of the Figurative Elements of Marks (Vienna Classification). Sixth edition" (not effective, for information purposes only) (http://base.uipv.org/vienna6/).
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Information on trademarks is published in Book 2 of the Official Bulletin "Promyslova Vlasnist" in the following sections: "Information on the issue of certificates of Ukraine for marks for goods and services", "Information on Well-Known Marks in Ukraine", "Information on Marks Registered under the Madrid Agreement Concerning the International registration of Marks and/or the Protocol to the Madrid Agreement Concerning the International registration of Marks, protected in Ukraine", in indexes to each of the sections listed and the section of Notices. Color images of marks for goods and services (if any) are published in the relevant section.
Publications of the Official Bulletin "Promyslova Vlasnist" include:
- for section "Information on the issue of certificates of Ukraine for marks for goods and services" – bibliographic data, list of goods and services, black-and-white images of marks;
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- for section "Information on Marks Registered under the Madrid Agreement Concerning the International registration of Marks and/or the Protocol to the Madrid Agreement Concerning the International registration of Marks, protected in Ukraine" – information on marks in the scope defined by the Office, list of goods and services, black-and-white images of marks.
The Official Bulletin "Promyslova Vlasnist" was issued twice a month – 24 issues of the bulletin were issued during 2015. The Annual Index of the Official Bulletin for the previous, 2014, year was also published.
The National CD-ROM "Marks for Goods and Services Registered in Ukraine" was issued with the same frequency and includes the following information: bibliographic data, images of marks, list of goods and services grouped by the NLC classes.
Publications in electronic information resources include:
- DB "Electronic Version of the Cumulative Official Bulletin "Promyslova Vlasnist" – information on the issue of certificates of Ukraine for marks for goods and services and information on well-known marks in Ukraine. Moreover, information concerning legal status of certificates (as an extra operational element) is provided in the section "Information on the issue of certificates of Ukraine for marks for goods and services";
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- DB "Information on Well-Known Marks in Ukraine" – information on marks in the scope defined by the Office, list of goods and services, images of marks.
Besides that, to fulfill its obligations to ensure transparency and openness in its activities, on October 1, 2015 SIPS released information on all applications for marks for goods and services that are under the qualifying examination (substantive examination).
Since October 2015, using the Interactive DB "Applications for trademarks for goods and services admitted to examination", right holders are able to timely monitor filed applications that may infringe their rights and to prevent registration of such marks by filing a corresponding opposition.
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The section also contains publication of changes to information about international registration of marks protected in Ukraine.
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The said information is available at http://sips.gov.ua and http://ukrpatent.org.
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- information and reference sources mainly in electronic form.
imes New Roman","serif";mso-fareast-font-family: "Times New Roman";mso-ansi-language:EN-US;mso-fareast-language:UK'>- DB "Legislation of Ukraine";
- DB "ROMARIN;
- DB "6ter Express";
- DB "ROMARIN;
- DB "6ter Express";
- DB "- DB "WIPO Gazette of International Marks";
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See also part 1 of Section 5 Promotion activities aimed to support users in access and efficient use of trademark information for information on services available to external users.
The Official Bulletin "Promyslova Vlasnist" on CD-ROM was distributed for free in the framework of updating patent collections of certain organizations of Ukraine by national patent documentation according to the Registries of free-of-charge distribution approved by SIPS.
External users could also purchase the Official Bulletin "Promyslova Vlasnist" on CD-ROM with a search system and the National CD-ROM "Marks for Goods and Services Registered in Ukraine", retrospective accumulative optical disc DVD "Marks for Goods and Services Registered in Ukraine" as well as the current NCL (10-2015) translated into Ukrainian on CD-ROM with search system.
Annual Reports of the Office (in Ukrainian and English), Annual Technical Reports of the Office in Ukrainian, quarterly review "Industrial Property in Figures" which includes basic indicators of the activities of SIPS and Ukrpatent are also accessible for free on the SIPS web-portal and the web-site of Ukrpatent.
See also part 1 of Section 5 Promotion activities aimed to support users in access and efficient use of trademark information for information on services available to external users.
Legal status information (kind of information, coverage, medium, etc.)
Information concerning legal status of the registered certificates of Ukraine for marks for goods and services to the extent prescribed by the applicable law of Ukraine is published in the Official Bulletin "Promyslova Vlasnit" in the section "Notices" both on paper and in electronic form (CD-ROM "Official Bulletin "Promyslova Vlasnit" and DB "Electronic Version of the Cumulative Official Bulletin "Promyslova Vlasnit").
In addition, such information is provided in the IRS "Information on Certificates of Ukraine for Marks for Goods and Services Deemed to be Invalid or Expired" and (as an extra operational component) in the relevant sections of the DB "Electronic Version of the Cumulative Official Bulletin "Promyslova Vlasnit" and DB "Marks for Goods and Services Registered in Ukraine".
Other sources
IV. ICT SUPPORT TO SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE
Specific software tools supporting business procedures within the Office: general description, characteristics, advantages, possible improvements
The main activity within the Office is processing of applications. Support of this process is performed by means of the TMAS. The automated system software is built on the Client-Server technology. The structure of the TMAS database allows for storing all bibliographic data and provides extensive search facilities.
The TMAS information support is a set of system-oriented data representing the basic descriptions dictionary adopted by the system (classifiers, typical modes, elements of automation, document formats, etc.) and updated data on application information at all stages of the life cycle.
The TMAS is integrated with other internal computerized systems: the Central Electronic Documents Archive (CEDA), the Fees Accounting AS, the electronic filing system, Internet databases and information and reference systems, the document type classification and identification system.
All incoming documents are registered and entered into the electronic documents archive. Thus, the electronic archive contains all the application materials filed to Ukrpatent in electronic form ("the electronic application dossier'').
The system provides for the function of document routing and controls actions of the staff at all stages of documents creation and execution. All personnel actions are recorded in the system protocol. A document card contains complete information on an electronic document, including dates, resolutions, assigned persons and information on performed operations.
In 2015, system integration functions for general and technological document management systems were completed in the process of testing and trial operation of the general Electronic Document Management System in order to provide transport of documents from the general document management system to the TMAS.
The necessity for transporting such documents to the technological systems is determined at the stage of their processing.
Hardware used to supporting business processes of the Office
Network infrastructure consists of the WatchGuard XTM-520 device which contains the VPN and Firewall modules to communicate with the Internet and internal router (built in Unix server) to support the internal network. Availability of two firewalls increases the overall security.
The Cisco and HP equipment is used as network switches.
The internal network is divided into ten virtual networks (Vlan).
Legal status information (kind of information, coverage, medium, etc.)
Information concerning legal status of the registered certificates of Ukraine for marks for goods and services to the extent prescribed by the applicable law of Ukraine is published in the Official Bulletin "Promyslova Vlasnit" in the section "Notices" both on paper and in electronic form (CD-ROM "Official Bulletin "Promyslova Vlasnit" and DB "Electronic Version of the Cumulative Official Bulletin "Promyslova Vlasnit").
In addition, such information is provided in the IRS "Information on Certificates of Ukraine for Marks for Goods and Services Deemed to be Invalid or Expired" and (as an extra operational component) in the relevant sections of the DB "Electronic Version of the Cumulative Official Bulletin "Promyslova Vlasnit" and DB "Marks for Goods and Services Registered in Ukraine".
Other sources
IV. ICT SUPPORT TO SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE
Specific software tools supporting business procedures within the Office: general description, characteristics, advantages, possible improvements
The main activity within the Office is processing of applications. Support of this process is performed by means of the TMAS. The automated system software is built on the Client-Server technology. The structure of the TMAS database allows for storing all bibliographic data and provides extensive search facilities.
The TMAS information support is a set of system-oriented data representing the basic descriptions dictionary adopted by the system (classifiers, typical modes, elements of automation, document formats, etc.) and updated data on application information at all stages of the life cycle.
The TMAS is integrated with other internal computerized systems: the Central Electronic Documents Archive (CEDA), the Fees Accounting AS, the electronic filing system, Internet databases and information and reference systems, the document type classification and identification system.
All incoming documents are registered and entered into the electronic documents archive. Thus, the electronic archive contains all the application materials filed to Ukrpatent in electronic form ("the electronic application dossier'').
The system provides for the function of document routing and controls actions of the staff at all stages of documents creation and execution. All personnel actions are recorded in the system protocol. A document card contains complete information on an electronic document, including dates, resolutions, assigned persons and information on performed operations.
In 2015, system integration functions for general and technological document management systems were completed in the process of testing and trial operation of the general Electronic Document Management System in order to provide transport of documents from the general document management system to the TMAS.
The necessity for transporting such documents to the technological systems is determined at the stage of their processing.
Hardware used to supporting business processes of the Office
Network infrastructure consists of the WatchGuard XTM-520 device which contains the VPN and Firewall modules to communicate with the Internet and internal router (built in Unix server) to support the internal network. Availability of two firewalls increases the overall security.
The Cisco and HP equipment is used as network switches.
The internal network is divided into ten virtual networks (Vlan).
To provide Ukrpatent activities the network To provide Ukrpatent activities the network uses the following technical means:
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The anti-virus server "Eset Endpoint Antivirus" provides centralized control of all anti-virus programs on the users computers, anti-virus databases updates, report generation on database updates and existing threats.
The Microsoft software product – System Center Data Protection Manager (DPM) – which provides continuous data protection for reliable recovery of Windows servers is used for data backup. The plan of all servers and services upgrading after a failure was adjusted.
Measures for the IT infrastructure improvement were aimed at building a fault-tolerant core of the computer network, increase of its capacity, security and manageability, replacement of obsolete hardware infrastructure components, consolidation and virtualization of servers. Virtualization servers are combined into clusters providing high availability of all systems.
Series of actions were introduced to ensure compliance of the IT infrastructure with requirements of the complex information security system. Security feature is enabled at the network switch ports, making it impossible to connect unauthorized devices to the corporate network. Changes are introduced to the password policy that meets safety requirements. Two-factor user authentication system was implemented and is based on hardware-software device for generation and verification of digital signatures. To manage network equipment, information storages and SAN switches a secure HTTPS protocol and the SSH application layer network protocol were introduced.
In general In general, the corporate network consists of 600 PCs, 30 physical and 40 virtual servers, 10 information storages and commutation equipment.
Connection to the Internet for search and view of information was implemented for information systems users.
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Data from a number of sources (internal and external) are used while carrying out examination of mark applications. Data from external sources are automatically downloaded to the integrated search system.
TMAS Database
Replenished with information on applications and registered national marks for goods and services. Updating of the database is performed while processing applications and within maintenance of the State Register.
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Central Electronic Documents Archive Database
It provides for storage of documents and their attributes in electronic form.
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Information on electronic search file updates is presented in "Internal databases: coverage, updates, interlinks with external sources".
A unique integrated retrieval and search system is developed and put into operation at Ukrpatent for providing a unified access to different information sources which are used while carrying out examination of applications for marks for goods and services.
This retrieval and search system is based on three-tiered architecture which provides for separation of application level from data management. The logic of applications focused on separated software level is realized in the form of application server – a software product, which includes all necessary business logic algorithms. A complex of software tools ensures minimization of time for searching of relevant information and meeting of information requirements of examiners who carry out examination of trademark applications.
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- International Classification of the Figurative Elements of Marks (Vienna Classification);
- International Classification of Industrial Designs (Locarno Classification).
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Administrative support is provided by built-in control tools of DBMS SQL Server 2005.
Other matters
V. PROMOTION ACTIVITIES AIMED TO SUPPORT USERS IN ACCESS AND EFFICIENT USE OF TRADEMARK INFORMATION
Office's library (if deals with trademark information): equipment, collection management, network of libraries in the country, cooperation with foreign libraries
In order to satisfy public needs for patent information in Ukraine, the Public Patent Documentation Collection (PPDC) functions within the structure of the Innovations Department of Ukrpatent (Innovations Department). The PPDC is the most comprehensive patent library in Ukraine available to the public (intellectual property office library).
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- 14 sets of materials for filing trademark applications for international registration.
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Consultations on granting legal protection, exercise, infringement and protection of all IPRs is considered to be the most popular service. The most common issues are those related to the procedure of obtaining legal protection to IPRs, including trademarks. More than 25,600 of such consultations were provided by telephone for the whole year. Individual reception of 1,817 applicants took place.
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Methodological recommendations on certain matters relating to trademark applications examination are available at the Ukrpatent web-site.
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Periodicals, e.g. scientific and practical magazine "Intellectual Property in Ukraine", which is distributed as paper and electronic edition over the territory of Ukraine (by subscription), publish articles (including by the SIPS and Ukrpatent specialists) on various matters and in particular relating to legal protection of trademarks.
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As of December 31, 2015 there were 467 registered patent attorneys in Ukraine, who render services in the field of intellectual property rights protection.
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Other activities
Detailed information on other activities of SIPS, Ukrpatent and the Innovations Department in 2015 is contained in the appropriate sections of the 2015 Annual Report (http://sips.gov.ua/en/year_reports.html)
In 2015 the Innovations Department ensured the functioning of the Industrial Property Internet Exchange the aim of which is to promote to the market domestic IPRs, including trademarks, to encourage the development of inventive and innovative activities, to increase the level of public awareness on the intellectual property importance, to inform the wide range of interested public.
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The Industrial Property Internet Exchange is available at http://exchange.iii.ua.uk.
VI. INTERNATIONAL COOPERATION ACTIVITIES IN THE FIELD OF TRADEMARK INFORMATION
International exchange of trademark information in machine-readable form (e.g., Official Gazettes)
The functions of patent documentation international exchange are performed by Ukrpatent, recognized in 2003 by the law as the Centre of International Exchange of Publications according to the Convention on International Exchange of Publications, adopted on December 3, 1958 by the UN General Conference on the matters of education, science and culture.
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Assistance to developing countries
Other activities
VII. OTHER RELATED MATTERS
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One of the priority objectives of SIPS is to ensure effective functioning of the quality management system (QMS) of the examination procedure for industrial property rights applications introduced in 2012 at Ukrpatent (International Certificate № 321012076 of 17.10.2012).
In September 2015, an independent certification organization carried the audit (re-certification audit) of the QMS compliance with the ISO 9001:2008 standard requirements at Ukrpatent. On the results of the audit the QMS corresponds with the ISO 9001:2008 standard requirements.
Main areas of trademark information activities include examination of marks for goods and services applications, in particular, formation of search databases for internal use at the examination body, performance of searches, publication of information about registered marks in the official bulletin and creating interactive databases and information and reference systems for information service of a wide range of users via the Internet. Publication of information on marks is also provided on optical media.
Examination of applications for marks for goods and services is carried out by means of the TMAS which has full functionality for text processing and management of trademark applications documentation at all the stages from application filing to completing examination and keeping the State Register of Certificates of Ukraine for Marks for Goods and Services.
Information arrays included to the publication of the Official Bulletin "Promyslova Vlasnist" (Industrial Property) are formed with the use of automated workstation at the Editorial Department.
The following resources were introduced for information support of the examination procedure:
- the Nice Classification, the 2015 version of the tenth edition (NCL (10-2015)) translated into Ukrainian;
- the Vienna Classification, seventh edition (VCL (7)) translated into Ukrainian.
For access of a wide range of users to the mentioned classifications the following information and reference systems (IRS) were created and put on the Internet at the SIPS and Ukrpatent web-resources:
- IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification). Tenth edition, version 2015";
- IRS "Classification of the Figurative Elements of Marks (Vienna Classification). Seventh edition".
Data shaping to update databases which provide access through the Internet is performed by using special software features of the TMAS. There are software modules to support the export function of bibliographic data into XML format according to WIPO Standard ST.66 implemented in the TMAS.
A unified mechanism for automatic registration of incoming documents regardless of the way of their receipt (on paper, by email to the official address of Ukrpatent (office@ukrpatent.org), by Fax or other telecommunication networks) was implemented at Ukrpatent in 2015.
A full cycle of works on creation of the Key Certification Center (KCC) was completed at the premises of Ukrpatent. The certificate of accreditation of the KCC was received. Operation of the own accredited KCC provides electronic digital signature services in the full scope to the employees of Ukrpatent, as well as other physical and legal persons who file applications for IPRs through the electronic filing system.
During 2015, a number of measures were implemented at Ukrpatent towards the IT infrastructure development. A new server, data storages (disk arrays), SAN switches for network storage, uninterruptible power supply units were purchased. Up-to-date computer and communication equipment was put into operation in the data processing center (DPC) which provided:
– additional volume of the primary HP 3PAR StoreServ 7200 disc storage to maintain a constant growth of databases;
– high-speed storage of information using HP MSA 2040 SAN;
– organizing of fault-tolerant network storage SAN with two independent factories on the basis of the HP SN3000B and HP SAN switch 8/24;
– additional protection and improvement of reliability of the power supply of critical systems built on clustered systems and data warehouses.
Testing of the Virtual Desktop Infrastructure technology was carried out, in which all elements of the user workstations are located on the server in the DPC. Further implementation of this technology will standardize and unify the users operational environment. Computers that are used as workstations will be gradually replaced with "thin clients" with long service life and high level of information security.
Testing of software from the System Center 2012R2 product family has been completed and put into operation – the Configuration Manager which enables central operating systems and software installation, establishing security policies, implementing technical inventory of computers and software, as well as monitoring the status of computers (workstations).
Standard software was put into operation that provided:
– upgrade of server operating systems to Windows Server 2012R2;
– upgrade of the database management system (DBMS) to Microsoft SQL Server Enterprise 2014 and achievement of a new level of functionality, in particular, the ability to break up large databases into separate parts to increase the capacity and safety of operation and reducing the time of the backup;
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One of the priority objectives of SIPS is to ensure effective functioning of the quality management system (QMS) of the examination procedure for industrial property rights applications introduced in 2012 at Ukrpatent (International Certificate № 321012076 of 17.10.2012).
In September 2015, an independent certification organization carried the audit (re-certification audit) of the QMS compliance with the ISO 9001:2008 standard requirements at Ukrpatent. On the results of the audit the QMS corresponds with the ISO 9001:2008 standard requirements.