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I. GENERAL OVERVIEW OF RECENT DEVELOPMENTS IN TRADEMARK INFORMATION ACTIVITIES CARRIED OUT BY THE OFFICE
Reviewing the drafts of international agreements within the framework of the Eurasian Economic Union, in particular Treaty on Trademarks, Service Marks and Appellations of Origin of the Eurasian Economic Union (EAEU) , as well as Instruction to this Treaty
Outline of main policies and plans aimed at development of trademark information activities and expected time frames for their realization
Organization of regional seminar within the framework of EAEU on customs measures towards goods containing IP subject matters (including trademarks).
In cooperation with WIPO Sub regional seminar on protection IPRs was organized on October 21-22, 2016. Representatives of judicial, law-enforcement, custom bodies and other stakeholders of Central Asia and Belarus attended to this seminar. The issues concerning balanced approach to the IPRs protection, international legal framework on protection of IPRs, protection of Central Asian IPRs practices were discussed during this seminar. This event had practical meaning for representatives of judicial, law-enforcement and custom bodies, for right holders and specialist of Kyrgyzpatent on the issues of IPRs protection, learning world trends and foreign experience of rights enforcement, legal cases, including combating distribution of counterfeit and piracy production in Kyrgyzstan.
New projects launched or resumed this year in the context of the policies and plans mentioned above, short description: aims, partners, tasks
On April 13, 2015 Kyrygzpatent in cooperation with the State Tax Service of the Kyrgyz Republic, USAID and IFC project on taxation issues in Central Asia held regional meeting in the Batken Region with women entrepreneurs in order to exchange experience and getting information on the role and means of IP, requirements and procedures of registration trademarks and their advantages.
The seminar titled “From idea to profit: how to establish innovative business” took place in Tokomok on November 24, 2015. Inventors, Kyrgyzpatent’s specialists, representatives of the Chamber of Commerce and Industry, businessmen and other stakeholders participated in this seminar. During seminar methods of use new technology in the agriculture sector and light industry, issues combating counterfeit medicines, goods for children, as well as issues protection of unfair competition and role of trademarks in business were discussed.
At the end of WIPO General Assembly, it was agreed with WIPO to hold joint seminar in 2016 titled “Role of Trademarks for Development SMEs”.
Main areas of trademark information activities and related information and communication technology (ICT) practices which were in the focus of attention last year
“National Data Base on Trademarks” created on registered trademarks for searching trademarks by users, and it was installed on the Office’s website.
ventors, Kyrgyzpatent’s specialists, representatives of the Chamber of Commerce and Industry, businessmen and other stakeholders participated in this seminar. During seminar methods of use new technology in the agriculture sector and light industry, issues combating counterfeit medicines, goods for children, as well as issues protection of unfair competition and role of trademarks in business were discussed.
At the end of WIPO General Assembly, it was agreed with WIPO to hold joint seminar in 2016 titled “Role of Trademarks for Development SMEs”.
Statistics: changes in terms of application filings and registrations with respect to previous year; trends or areas experiencing rapid changes
In 2015 on the national procedures 748 applications for registration trademarks have been received. The number of applications increased for 4.8%, comparing to 2014. The share of applications from national applicants amounted 32.5%, from foreign applicants 67.5%. In other words, if total number of applications in 2014 amounted 714 applications, among them 275 from national applicants, 439 from foreign applicants, then in 2015 total number of applications is 748, among them 243 from national applicants, 505 – from foreign applicants.
The following table shows the trend by contrast 2014 from national applicants (KG):
Fields
| 2014 Total amount 275 | 2015 Total amount 243 | ||
Natural person -68 | Legal entity 207 | Natural person - 61 | Legal entity - 182 | |
Pharmaceutical, veterinary preparations (05 cl.) | 1 | 3 | 1 | 9 |
Printed matter (16 cl.) | - | 2 | - | 6 |
Building materials (non-metallic) (19 cl.) | 1 | 6 | 7 | 7 |
Furniture (20 cl.) | - | 2 | 2 | 1 |
Clothing, footwear, headgear (25 cl.) | 11 | 15 | 9 | 2 |
Food production (29, 30 cl.) | 29 | 49 | 3 | 24 |
Production of agricultural products (31 cl.) | - | - | - | 3 |
Beers; mineral and aerated waters and other non-alcoholic beverages (32 cl.) | 2 | 27 | 3 | 11 |
Alcoholic beverages (33 cl.) | 2 | 41 | - | 41 |
Advertising; business management; business administration; office functions (35 cl.) | 12 | 63 | 28 | 40 |
Financial affairs; monetary affairs; (36 cl.) | 2 | 10 | 4 | 13 |
Building construction (37 cl.) | 1 | 1 | 5 | 4 |
Telecommunications (38 cl) | - | 8 | - | 11 |
Transport; packaging and storage of goods; travel arrangement (39 cl.) | 1 | 5 | - | 5 |
Education; providing of training; entertainment; sporting and cultural activities (41 cl.) | 4 | 6 | 2 | 9 |
Services for providing food and drink; temporary accommodation (43 cl.) | 8 | 17 | 11 | 7 |
Medical services; hygienic and beauty care for human beings or animals (44 cl.) | 1 | 3 | - | 7 |
Legal services (45 cl.) | - | - | - | 1 |
Other matters and useful links (URLs): annual report of the Office, news page, statistics, etc.
http://www.patent.kg/index.php/ru/report/ofitsialnye-izdaniya/godovye-otchety.html - Annual Report
http://www.patent.kg/index.php/ru/statistika.html -Statistic
II. SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE
Kyrgyzpatent provides service on presenting information search on registered trademarks
Information and support provided by the Office to applicants regarding filing on paper and/or e-filing (instructions, seminars, etc.) - URLs
http://patent.kg/index.php/ru/trademarks-and-service-marks.html – Information on trademarks
Kyrgyzpatent has developed for the convenience of applicants regarding filling on paper:
- Rules on compiling, filing and examination of application for registration of trademark and service mark;
- Information for applicants “Registration of trademarks and service marks”.
In addition applicants may use “Methodological recommendations on examination signs, claimed for registration as trademark”
Availability of the application dossier in electronic form
No access due to absence of e-application. However preparation works for transition to the e-application and e-documentation of trademarks are undergoing.
Matters concerning classifying
(i) Classification and reclassification activities; classification systems used, e.g., International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), International Classification of the Figurative Elements of Marks (Vienna Classification), other classification
The following classifying in use under examinations:
1) International International classification of goods and services (ICGS) (Nice Classification);
2) International classification of the figurative elements of marks (Vienna Classification)
(ii) Use of electronic classification systems and pre-defined terms of the classification applied
During examination the MGS (Madrid Goods Madrid Goods & Services Manager) is exploiting where it is required
Matters concerning processing of different types of non-traditional marks (e.g., three-dimensional, motion, hologram, color mark, etc.)
According to the Law of the Kyrgyz Republic “On Trademarks, Service Marks and Appellations of Origin” only tridimensional marks are registering out of types of non-traditional marks. In case of claiming a tridimensional designation, the image of general view should be glued on space under the code 54 of application. In addition images of all necessary projections of claimed designation that gives a comprehensive picture should be submitted. The image of designation should have a qualitative graphic design which allows reproduce an unlimited number of copies.
Kyrygzpatent in its turn scans this image and uploads to the data base.
Other activities
New instruction booklet “Registration of trademarks, service marks” for applicants has been published
III. SOURCES OF TRADEMARK INFORMATION PROVIDED BY THE OFFICE
Official Bulletin
Main types of publications in the field of trademark information, outline of the content and medium (on paper, on CDs, online - URLs)
Kyrgyzpatent publishes information on paper, CD and on its website the following types of publications:
Official publications:
- Official Bulletin “Intellectualdyk Menchik”
- Indicators
- Annual Report
Official Gazettes: main types of announcements, frequency of publication, medium (on paper, on CDs, online, URL), etc.
Official Bulletin publishes monthly on paper, CD and web-site.
Information products (coverage, medium, etc.) available to examiners, including external documentation and databases
Available to examiners:
- Legislative documents in the field of trademarks;
- Data base of Kyrgyzpatent;
- Data bases of international organizations (WIPO, WHO)
- Data bases of certain countries;
- Vocabularies, manuals, encyclopedias in the Internet
- Articles published in the Internet, on paper in the field of trademarks
Information products (coverage, medium, etc.) and services available to external users; conditions of access (e.g., free of charge, subscription, etc.)
All information productions of Kyrgyzpatent are available free of charge via the State Patent technical Library and via website.
Legal status information (kind of information, coverage, medium, etc.)
Information on registered trademarks in database are available free of charge on website of Office and in Official Bulletin.
Other sources
IV. ICT SUPPORT TO SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE
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Specific software tools supporting business procedures within the Office: general description, characteristics, advantages, possible improvements
Working process carrying out basing on SQL and ORACLE data ORACLE data bases, as well as DelphiDelphi, Visual – programming languages;
Hardware used to supporting business processes of the Office
In general information network consists of servers, routers, PCs
Internal databases: coverage, updates, interlinks with external sources
Internal data base on trademarks exploiting for examination of trademarks, updating on regular base with connection to the web-site of Office where users may search trademarks.
Establishment and maintenance of electronic search file: file building, updating, storage, documents from other offices included in the search file
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Administrative management electronic systems (register, legal status, statistics, and administrative support)
One of the main tasks of Kyrgyzpatent is the automation of documentation processes of the Office, support and development of databases, providing centralized storage and unloading in various formats for further end-use, which ensures a high level of identity of the final data, providing on-line access to databases and unlimited output in Internet. It carries out maintenance and development website of the Offices www.patent.kg, through which users have access to objects of industrial property statistics
Other matters
At the moment the concept formulation of e-filling application and e-paperwork of Office is under the process.
V. PROMOTION ACTIVITIES AIMED TO SUPPORT USERS IN ACCESS AND EFFICIENT USE OF TRADEMARK INFORMATION
Monthly published Official Bulletin “Intellectuldyk Menchik”, CDs containing information on IP, Annual Report are distributing among libraries, universities, scientific-research organizations of Kyrgyzstan, as well as during the events dedicated to IP issues these materials are distributing among participants.
Office's library (if deals with trademark information): equipment, collection management, network of libraries in the country, cooperation with foreign libraries
State Patent Technical Library is subordinated organization which is state public library with the focus to compilation of patent funds and scientific technical documentation and patent legal literature, information base for development IP system in the Kyrgyz Republic.
In the field of trademarks Library does:
- Compilation and safety of state fund of legal documentation and literature;
- Compiles reference-information fund on trademarks;
- Develop and use systems of processes automation for processing literature and maintaining e-catalogue;
- Organize library-information service for visitors;
- Realize joint activity and exchange information with foreign patent offices, and other libraries in Kyrgyzstan.
Publications related to different business procedures and trademark information sources available to users, for example, books, brochures, Internet publications, etc.
All paper based information sources in the field of trademarks are available at the State Patent Technical Library and library of Kyrgyzpatent. The Office book “Legislation on trademarks, service marks and appellations of origin” has been reduplicated in 2015.
Cooperation with universities, technology and innovation support centers, etc.
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Education and training: training courses, e-learning modules (URLs), seminars, exhibitions, etc.
The State Patent Technical Library organized the following events:
- Group exercises with students of universities on conducting searches of trademarks (twice a year);
- Trainings for State Fund of Intellectual Property staff on conducting searches of trademarks (twice a year);
- Conducting practical exercises with students of universities on industrial property subject matters (14 exercises);
- Conducting workshops in village libraries with demonstration of information products of the State Patent Technical Library on industrial property subject matters;
- Organization of exhibition “Publication of Kyrgyzpatent” dedicated to World IP Day
Other activities
VI. INTERNATIONAL COOPERATION ACTIVITIES IN THE FIELD OF TRADEMARK INFORMATION
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International exchange of trademark information in machine-readable form (e.g., Official Gazettes)
Monthly published an official bulletin "Intellektualdyk Menchik" CDs containing information on intellectual property, annual report distributed to the patent offices of CIS and foreign countries within the framework of the exchange of information programs
Participation in international or regional activities and projects related to trademark information
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