Annual Technical Report 2013 on Industrial Design Information Activities submitted by Republic of Moldova (CWS/ATR/ID/2013/MD)
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The expression "industrial designs" covers industrial designs and models. Offices which issue design patents should report their design patent information activities in this series of Annual Technical Reports.
I. GENERAL OVERVIEW OF RECENT DEVELOPMENTS IN INDUSTRIAL DESIGN INFORMATION ACTIVITIES CARRIED OUT BY THE OFFICE
In 2013, 382 applications for the registration of 2584 industrial designs were filed with the Agency. Of these, under the national procedure were filed 120 applications (31.5%), including 1586 industrial designs (61.4%), and under the Hague Agreement procedure 261 applications (68.5%) with 998 industrial designs (38.6%). If compared to 2012, the number of filed applications increased by 81 (27%) and that of industrial designs embedded in these applications increased considerably, by 526 (25.6%). The number of applications field under national procedure maintained at the level of the previous year, and the number of industrial designs also increased by 267 (20.2%). At the same time, the number of applications and that of industrial designs field under the Hague Agreement procedure increased by 80 (44.2%) and, respectively, by 259 (35%).
During the period under review, the national applicants have filed 112 applications (29.4 percent of the total number), with 1569 industrial designs (60.7%) covered therein, being attested an increase by 10.9% in the number of applications and, concomitantly, an increase by 21.3% in the number of industrial designs, as compared with the previous year. The total numbers of applications were filed by applicants from the Republic of Moldova under the national procedure.
The foreign applicants have filed 269 applications with 1015 industrial designs, i.e. 70.6 and, respectively, 39.3 percent of the total of those filed, which is by 35.2% and, respectively, 32.7% more as compared to 2012. The absolute majority of them - 261 applications (97%) with 998 industrial designs (98.3%) were filed under the procedure of the Hague Agreement, under the national procedure being filed 8 applications (3%) with 17 industrial designs (1.7%).
As in the previous years, the majority of applications filed under the national procedure (93.3%) proceed from the national applicants, and an absolute majority of applications filed under the procedure of the Hague Agreement (100%) - from the foreign ones.
In addition to applications for registration, 473 registration renewal applications for 1410 ID were filed in 2013, which is by 3.4% and, respectively, 17.5% less compared with the previous year. Most of renewal applications − 425 (89.9%) proceed from foreign applicants, of these 414 being filed under The Hague Agreement.
During the year 2013, there were subjected to substantive examination:
••112 applications with 1204 ID, filed under the national procedure, of which:
--97 applications with 748 ID were accepted totally and 9 applications with 231 ID − partially, other 90 ID included therein being rejected for lack of novelty and conflict with other prior rights;
--14 applications with 37 ID were rejected totally, also for lack of novelty and conflict with other prior rights;
--2 applications and 8 ID were withdrawn;
•• 205 international applications with 845 ID, received under the Hague Agreement, for which:
--188 applications with 719 ID were accepted totally and 8 application - partially, of which 48 ID accepted and 25 ID rejected for lack of novelty and conflict with other prior rights;
--9 applications with 28 ID were rejected totally, also for lack of novelty and conflict with other prior rights.
In the year under review, there were issued 85 certificates of registration for 754 ID, being attested an increase by 80.8% in the number of certificates and by 0.9% in the number of ID, as compared with 2012.
The number of renewed international registrations increased during 2013 by circa 28.3%, compared with the previous year and that of ID − by circa 12.8%. Thus, decisions of renewal were adopted for 453 international registrations containing 1309 ID. In exchange, the number of national renewal certificates decreased insignificantly, being issued 48 renewal certificates (by 4.2% less than in the previous year), for 137 ID. Of the number of registrations, which term of validity was supposed to expire in 2013, the share of renewed international registrations was 81.4% (443 of 544) and of renewed national ones - 79.7% (47 of 59).
On 31 December 2013, of the total number of 1403 ID registration certificates, issued by AGEPI throughout its activity, 564 were valid (40.2%), including 286 renewed, they accounting for 50.7% of the valid certificates. Of the total of 6481 international registrations of ID, which have acquired protection in the Republic of Moldova in the same period, 2582 (39.8%) were valid, including 1770 renewed, they accounting for 68.6% of the valid international registrations.
Statistics: changes in terms of application filings and grants (registrations) with respect to previous year; trends or areas experiencing rapid changes
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URLs of web pages of the Office’s website that:
• provide information on legislation related to industrial designs
http://agepi.gov.md/en/design/legislations.php
• contain the Annual Report of the Office
http://www.agepi.gov.md/en/about/report.php
• if necessary, provide further information related to the topics referred to in the current ATR
• provide open source codes related to industrial design information systems
• contain industrial design-related news regarding the Office
http://www.agepi.gov.md/en/design/
II. SERVICES AND ACTIVITIES RELATED TO INDUSTRIAL DESIGN INFORMATION CARRIED OUT BY THE OFFICE
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Republic of Moldova became a state party to the Locarno Agreement Establishing an International Classification for Industrial Designs (1968) on December 1, 1997.
The Agency uses the International Classification for Industrial Designs since 1994. All the documents are classified according to the Locarno Classification.
The classification symbols (the 9th edition of the Classification) of an application are allotted by the applicant. It is up to the Agency to afterwards check, and eventually to correct, the classification symbols.
The full texts (Romanian and Russian) of the 9th edition of the Locarno Classification (as in force on January 1, 2009) are provided on the AGEPI website:
http://www.agepi.gov.md/pdf/design/CIDMI-9-ro.pdf
http://www.agepi.gov.md/pdf/design/CIDMI-9-ru.pdf
The classification is used for the novelty examination, for search purposes and for statistics.
III. SOURCES OF INDUSTRIAL DESIGN INFORMATION PROVIDED BY THE OFFICE
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The most important publications in the field of industrial design documentation are the following:
- The Official Bulletin of Industrial Property Protection (BOPI) – monthly publication;
- The National Industrial Designs Register;
- The National Industrial Designs Applications Register
Official Gazettes: main types of announcements, frequency of publication, medium (on paper, on CDs, online - URL), etc.
The Official Bulletin of Industrial Property Protection (BOPI) – monthly publication
BOPI includes Sections V with information on industrial designs. Section V contains:
- BA1L Applications for registration (bibliographic data and graphic reproduction);
- List of industrial designs applications containing a request on publication delay;
- FF4L List of registered industrial designs;
- FG4L List of industrial design certificates, issued in ...(date of issuing);
- ND4L List of renewed industrial designs;
- FG4L List of industrial designs registered in the Republic of Moldova according to the Hague Agreement, ranged in the numerical order and in the order of the ICID;
- ND4L List of renewed industrial designs in the Republic of Moldova according to the Hague Agreement.
Section VI contains various types of notices referring to all amendments occurred to the legal status of the protected industrial property objects (List of amendments, List of cession contracts, Errata, FC9L List of rejected industrial designs, FA9L List of withdrawal industrial designs, MK4L List of industrial design registration certificates the term of validity of which has expired, etc), etc.
The Official Bulletin of Industrial Property Protection (BOPI) is provided on the AGEPI website: http://agepi.gov.md/md/publishing/bopi.php
Information products (coverage, medium, etc.) available to examiners, including external documentation and databases
At the disposal of examiners in their daily practice, there are the following databases:
- National automated searchable database "Industrial Design";
- International applications received in the International Design Bulletin (paper form and CD-ROM);
- Collection of OHIM, RO, RU, UA, HU, UK, FI, SI, CZ, PL, MK, EE, LT, GE, BY applications received in the Design Bulletins (searchable database or CD-ROM).
Moreover, the manual paper search files consist of special books, periodicals, booklets, and a number of other lists and sources.
The examiner's search files are updated on a regular basis.
In 2002 the interface for on-line searches in Data Base “Industrial Design” available in Romanian, English and Russian, was put into operation. At present, the “Industrial designs” Data Base contains information on the applications, published in BOPI, filed from 1993 up to date and on the registered objects. The users have access to the bibliographic data and graphic reproductions of industrial designs.
Data Base “Industrial Design” is provided on the AGEPI website: http://www.db.agepi.md/DMI/Search.aspx
All examiners have access to the Internet at their desks.
In 2004 a Data Base, including the international applications filled under the Hague system and designating the Republic of Moldova, was elaborated. Since 2009, the Data Base contains all the graphic reproductions of industrial designs. This Data Base is used as a register of the industrial designs and for examination procedure. Moreover, this Data Base is used during the substantive examination of trademarks
Information products (coverage, medium, etc.) and services available to external users; conditions of access (e.g., free of charge, subscription, etc.)
Services rendered by AGEPI
http://www.agepi.gov.md/en/services/index.php
Industrial designs. Databases
http://www.agepi.gov.md/en/design/databases.php
Search in ID Databases
http://www.db.agepi.md/DMI/Search.aspx
Industrial Designs. Guides on filling in forms
http://www.agepi.gov.md/pdf/forms/forms-ipo/guides/gh-2112_en.pdf
http://www.agepi.gov.md/pdf/forms/forms-ipo/guides/gh-2109_en.pdf
http://www.agepi.gov.md/pdf/forms/forms-ipo/guides/gh-2110_en.pdf
http://www.agepi.gov.md/pdf/forms/forms-ipo/guides/gh-2113_en.pdf
http://www.agepi.gov.md/pdf/forms/forms-ipo/guides/gh-2111_en.pdf
http://www.agepi.gov.md/pdf/forms/forms-ipo/guides/gh-2116_en.pdf
All the AGEPI publications in respect to industrial designs can be accessed on the official website of the AGEPI: http://www.agepi.gov.md/en/publishing/index.php
On the basis of mutual agreements with foreign national IP offices and International and European Organizations, AGEPI distributes on CD-ROM the following periodicals:
- Annual Report AGEPI-2012 in 2 languages (Romanian and English)
- The Official Bulletin of Industrial Property (BOPI), on a monthly basis (CD-ROM (ISSN 1857-050X).
Also, the publications may be accessed online on official website www.agepi.gov.md
Legal status information (kind of information, coverage, medium, etc.)
URLs of web pages of the Office’s website that:
provide information on legislation related to industrial designs
http://agepi.gov.md/en/design/legislations.php
IV. ICT SUPPORT TO SERVICES AND ACTIVITIES RELATED TO INDUSTRIAL DESIGN INFORMATION CARRIED OUT BY THE OFFICE
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In 2002 the interface for on-line searches in Data Base “Industrial Design” available in Romanian, English and Russian, was put into operation. At present, the “Industrial designs” Data Base contains information on the applications, published in BOPI, filed from 1993 up to date and on the registered objects. The users have access to the bibliographic data and graphic reproductions of industrial designs.
Data Base “Industrial Design” is provided on the AGEPI website: http://www.db.agepi.md/DMI/Search.aspx
All examiners have access to the Internet at their desks.
In 2004 a Data Base, including the international applications filled under the Hague system and designating the Republic of Moldova, was elaborated. Since 2009, the Data Base contains all the graphic reproductions of industrial designs. This Data Base is used as a register of the industrial designs and for examination procedure. Moreover, this Data Base is used during the substantive examination of trademarks.
V. PROMOTION ACTIVITIES AIMED TO SUPPORT USERS IN ACCESS AND EFFICIENT USE OF INDUSTRIAL DESIGN INFORMATION
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In the year under review, in order to familiarize managers of enterprises with the benefits offered by the national IP system, AGEPI conducted thematic roundtables, including on the aspects of registration and protection of industrial designs, at AGEPI headquarter or at enterprises, including:
- Participation with report at the seminar at the University of Comrat (31 May 2013).
- Seminar with business representatives of "Bojo-Vin" Ltd and "DEPOFARM" Ltd (August 6, 2013) with the report "Design- a tool for business success".
It should be noted that, during 2013, AGEPI experts participated as organizers and moderators to a series of informational and training seminars and workshops on the protection of intellectual property in the Republic of Moldova and the role of IP in developing a business for economic agents, dedicated to economic agents, participants in the national exhibitions organized at the IEC "MOOLDEXPO". The list of events started with the seminars organized in the context of the Exhibitions "Made in Moldova" and "Food&Drinks, followed by Food Technology. Packaging. Depot". In these seminars were presented reports which covered the topics: "Geographical Indications, Appellations of Origin - New Opportunities for Producers of the Republic of Moldova", "Aspects on Patenting Inventions", "The Role of Trademarks in Promoting the Commercial Success. Trademark Protection at National and International Level", "The Design - A Tool for Business Success", "Tradition Transformed Into Business - Traditional Specialties Guaranteed", etc.
With the purpose to inform the public on the evolution of the national IP system, the actuality of the national and international legislation, AGEPI organized a few press conferences by inviting to discover the advantages of the protection of intellectual property.
Besides the above mentioned activities, with the view to inform the public on the evolution of the national IP system, of the special legislation nationally and internationally, events and actions, including in respect to patent protection aspects, in during the year under review, AGEPI developed and distributed about 30 press releases dispatched and more than 148 materials were published in National Mass-Media.
With the AGEPI specialist efforts were developed/published/broadcasted about 148 materials (articles, interviews, communications) on:
-Radio Moldova
- TV Moldova 1
-"Jurnal TV"
- "Publika TV"
About 148 materials were disseminated by the replica press agencies, these being taken from the AGEPI website or realized with the contest of AGEPI specialists.
To increase the degree of public information, popularization of knowledge in the field of IP, in 2013 were used new thematic information dissemination tools: www.unimedia.md, www.stireazilei.md, www.privesc.eu.md, www.allmoldova.com, www.facebook.com, and of course the official AGEPI website www.agepi.gov.md .
For example, in September 2013, on the UNIMEDIA website (www.unimedia.md) it was published information on Industrial Design as a real tool to promote the domestic business.
Every year AGEPI fulfills its role to promote the necessity of IP protection on the national and international level. In 2013, AGEPI organized the Training Course “Protection of Intellectual Property” which brought together 15 attendees, of which 12 got the qualification “Counselor in Intellectual Property”.
VI.INTERNATIONAL COOPERATION ACTIVITIES IN THE FIELD OF INDUSTRIAL DESIGN INFORMATION
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In the year under review, AGEPI continued publishing and distributing on paper carrier, on the basis of mutual agreements with foreign national IP offices and International and European Organizations, and during the main promotion actions organized by AGEPI, periodical provided by its statute, namely:
Annual Report AGEPI-2012 in 2 languages (Romanian and English),
National Intellectual Property Strategy until 2020, published in bilingual brochures (in Romanian/English and Romanian/Russian languages),
National Report on the Enforcement of Intellectual Property Rights in the Republic of Moldova, 2012, in Romanian and English, published with the support of the European Union Border Assistance Mission to Moldova and Ukraine, Collections of communications AGEPI Readings-2012 and AGEPI Readings - 2013, The Official Bulletin of Industrial Property (BOPI), on a monthly basis,Catalog INFOINVENT-2013, 6 special IP laws-related regulations, as amended and supplemented by Government Decision No. 548 of July 16th, 2012, edited in bilingual brochures (Romanian and Russian), Jubilee Album - AGEPI 20 years, Alphabetical Index - Owners of short-term patents granted in the Republic of Moldova, 2009 - 2012.
Also, AGEPI updated the existing publications:
IP magazine INTELLECTUS (on paper), Digest AGEPI-INFO, a supplement of the IP magazine INTELLECTUS, Catalogue INFOINVENT-2013. The new format of the publication AGEPI-Expo-2013, dedicated to the results of the thirteenth edition of the International Specialized Exhibition INFOINVENT.
Participation in international or regional activities and projects related to industrial design information
During the year under review, the AGEPI experts participated to a series of national, regional and international events organized by national authorities and/with support of international institutions. Among them we have to mention the followings:
Participation of national experts to international events:
- Working visit to OHIM and the participation to the Celebration of 10 years of Community Design Conference (April 8 - 10,2013, Alicante, Spain);
- The 7 session of the Working Group on the Development of the Lisbon System (Appellations of Origin) (April 29 - May 3, 2013, Geneva, Switzerland);
- Experience exchange on the protection of trademarks and industrial designs, organized in accordance with the Program Cooperation of Activities between AGEPI and OSIM for 2011-2013 (May 20 24, 2013, Bucuresti, Romania);
- The 29 session of the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) (May 27 - 31, 2013, Geneva, Switzerland);
- The Summer IP School organized by the Organization for Harmonization of Internal Market (July 1 - 5, 2013, Alicante, Spain);
- National Seminar on trademarks protection organized by the Romanian State Office for Inventions and Trademarks in cooperation with World Intellectual Property Organization (August 29 - 31, 2013, Mangalia, Romania);
- The 21st Conference on Actual Problematic Issues of Intellectual Property, organized by State Intellectual Property Service of Ukraine in cooperation with World Intellectual Property Organization (September 16 - 18, 2013, Yalta, Ukraine);
- International Conference "Protection of Geographical Indications and Appellations of Origin", organized by the National Intellectual Property Center of Georgia (SAKPATENTI) and the World Intellectual Property Organization (WIPO) (October 3 - 4, 2013, Tbilisi, Georgia);
- Working Group on the Legal Development of the Madrid System for the International Registration of Marks: Eleventh Session (October 30 - November 1st, 2013, Geneva, Switzerland).
- Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications: Thirtieth Session (November 4 - 8, 2013, Geneva, Switzerland).
Assistance to developing countries
During the year under review, Republic of Moldova got international assistance having as participants and speakers, international names of intellectual field. In respect of that, the international speakers have actively participated to the following national events:
1. Anti-counterfeiting training Seminar AGEPI- REACT- TURCU&TURCU (April 18 – 19, 2013, Chisinau, Moldova), 2. The 15th edition of the Annual Scientific and Practical Symposium AGEPI Readings - entitled Actual Issues of Intellectual Property (April 24- 25, 2013, Chisinau, Moldova),
3. Bilateral meeting between Director General of AGEPI and President of SAKPATENTI (June 3-4 2013, Chisinau, Moldova), 4. AGEPI –WIPO –EAPO Regional Seminar – Current Aspects of Intellectual Property
(July 9 -11, 2013, Chisinau, Moldova), 5. National Workshop AGEPI-WIPO Mediation in intellectual property disputes (October 10, 2013, Chisinau, Moldova), 6. International Exhibition INFOINVENT-2013(November 19 – 22, 2013, Chisinau, Moldova).
VII. OTHER RELATED MATTERS