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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/).
Information 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.
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All necessary information for searching is stored in different databases, which contain information on:
- filed applications for trademarks and industrial designs;
- trademark trademark certificates and industrial design patents registered in Ukraine;
- international trademark registrations;
- armorial bearings, flags, and other state emblems of the Paris Union countries as well as adopted by them official signs and hallmarks indicating control and warranty according to Article 6ter of the Paris Convention for the Protection of Industrial Property;
- marks recognized as well-known;
- list of non-private names for pharmaceutical substances, issued by the World Health Organization;
- 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);
- International Classification of Industrial Designs (Locarno Classification).
Administrative management electronic systems (register, legal status, statistics, and administrative support)
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).
International exchange with foreign patent offices has been the main source of foreign industrial property documentation of the PPDC, including information on trademarks, over extended periods of time. Such international cooperation allowed accumulating a considerable amount of current and retrospective foreign patent documentation, in particular, official bulletins from 44 countries with information on trademarks.
During 2015 the PPDC was updated with current national and foreign documentation in the sphere of industrial property mainly on optical disks, in particular, official bulletins.
The PPDC provided for possibility to get information on trademarks published in the Official Bulletin "Promyslova Vlasnist" (Book 2) on paper/electronic carriers as well as official bulletins of foreign Offices.
In 2015 the PPDC was attended by 105 users, 10% of which were legal entities and 90% – individuals.
Information concerning the contents of the PPDC and its quarterly updates was published in the "Information resources" section on the web-portal of SIPS (http://sips.gov.ua), web-sites of Ukrpatent (http://ukrpatent.org) and the Innovations Department (http://iii.ua).
Proper storage of the PPDC documents meeting specified requirements and guaranteeing their safety was ensured during 2015.
The PPDC is located in the premises of the
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Innovations Department in three specially adapted and equipped areas (two depositaries with the total area of 81 sq. m. and a reading room of 40 sq. m.). The PPDC is equipped with 12 up-to-date computers with appropriate licensed software, as well as scanners, printers and xerographic copying
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machines.
To enable users to make online access to the electronic patent information resources, such as the Digital Patent Library, the Internet access based on Wi-Fi technology was provided in addition to the traditional Internet access for users convenience.
The Innovations Department provided, including on the PPDC basis (intellectual property office library), all necessary consultations as well as services both paid and on free of charge basis.
Consultations were provided on a free-of-charge basis concerning better ways to carry out information search, documentation search on CD-ROMs and in distant databases via the Internet etc.
The Innovations Department also provided commercial services, including carrying out different types of search of information and documentation.
In 2015, the following commercial services related to trademarks were provided:
- 199 consultations on regularity of preparing application materials for trademarks registration – the most common issue is a preliminary decision on compliance of a claimed mark with terms of granting legal protection based on results of information searches in databases of registered marks for similarity and identity (about 1,350 of such consultations over the year);
- 351 consultations in the form of guidelines on preparing application materials for trademarks registration;
- 6,396 searches for similarity and identity of marks;
- 193 title (firm) searches as for all IPRs, including trademarks, upon requests of arbitration managers and liquidators of enterprises in default;
- 48 monitorings as for owners and clients;
- 14 sets of materials for filing trademark applications for international registration.
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.
Publications related to different business procedures and trademark information sources available to users, for example, books, brochures, Internet publications, etc.
Information on trademarks is published in Annual Reports and Annual Technical Reports of the Office available at the SIPS web-portal. Statistics on trademarks is also published in quarterly issues of the Internet review "Industrial Property in Figures" which includes basic indicators of the activities of SIPS and Ukrpatent and is accessible for free at the SIPS web-portal and Ukrpatent web-site.
Methodological recommendations on certain matters relating to trademark applications examination are available at the Ukrpatent web-site.
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.
Cooperation with universities, technology and innovation support centers, etc.
Over the reporting year, with the purpose of updating patent collections of certain state and national libraries, bodies of national system of scientific and technical information and universities, departments of which are entrusted with the appropriate information functions, the Official Bulletin "Promyslova Vlasnist" on CD-ROM was sent free of charge to the specified and some other organizations of Ukraine.
Education and training: training courses, e-learning modules (URLs), seminars, exhibitions, etc.
SIPS pays a lot of attention to the skills upgrading of experts involved in the state IP protection system.
During the past year, as the part of exchange of experience, training and skills upgrading, officials of the state IP rights protection system participated in numerous events arranged by international organizations, governments and foreign IP offices, studied at the higher educational institution – the Intellectual Property Institute of the National University "Odessa Law Academy" in Kyiv.
In 2015, within the TWINNING Project, SIPS hosted working meetings with European experts, as well as training sessions and courses for SIPS and Ukrpatent experts, patent attorneys, officials of the Ministry of Internal Affairs of Ukraine, the Office of General Prosecutor of Ukraine, customs authorities of Ukraine, judges of the economic and administrative courts, and local courts of general jurisdiction, attorneys, Internet providers and other professionals involved in IP.
In 2015, with the aim of spreading knowledge on intellectual property, SIPS together with Ukrpatent held seminars and roundtables on the topics: "Specifics of Examination of Applications for Marks and Industrial Designs", "Practice of Forensic Examination: Problems and Solutions", "Practice of Disputes Settlement on Intellectual Property in Courts of Ukraine", "Practice of Handling Objections by the Chamber of Appeals of the State Intellectual Property Service of Ukraine", "Execution of Judgments: Practice and Problems".
Within the educational events under the title "Exercise and Enforcement of Human Rights in the Sphere of Intellectual Property" conducted in the framework of the All-Ukrainian Week of Law – "Intellectual Property and Pharmaceutics" – the Ukrainian Chamber of Commerce and Industry held a special research-to-practice conference of the School of Young Scientists of the FARMAK PJSC covering a wide range of intellectual property issues, including trademarks.
On July 20-26, the Taras Shevchenko National University of Kyiv (KNU) welcomed the Summer School on Intellectual Property. The work of this year's Summer School was supported by the Scientific and Research Institute of Intellectual Property of the National Academy of Sciences of Ukraine jointly with the Department of Intellectual Property of the KNU, along with SIPS.
During the course, the participants, among them the final-year students, teachers and young intellectual property specialists, mastered a theoretical course on intellectual property and had the opportunity to participate in thematic workshops.
The full list of events of the state system of intellectual property legal protection dedicated to intellectual property issues, held in 2015, is contained in the Annual Report.
In the reporting year, SIPS received 35 applications for certification of potential patent attorneys, the consideration of which resulted in 35 candidates admitted to pass qualifying examinations and certification by the Certification Commission.
Qualifying exams for potential patent attorneys were held in the higher educational institution, specified by SIPS – the Intellectual Property Institute of the National University "Odesa Law Academy" in Kyiv. This institution is licensed to conduct educational activities related to the preparation and training of specialists with a degree in "Intellectual Property" and it has the relevant material and technical resources for such qualifying exams.
As a result of qualifying exams 28 persons were certified as professional intellectual property representatives (patent attorneys).
As of December 31, 2015 there were 467 registered patent attorneys in Ukraine, who render services in the field of intellectual property rights protection.
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.
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.
In 2015, in the framework of international exchange Ukrpatent received official bulletins with information regarding trademarks from eight foreign Offices. The Official Bulletin "Promyslova Vlasnist" on CD-ROM was sent to exchange partners.
Participation in international or regional activities and projects related to trademark information
In 2015, the SIPS and Ukrpatent representatives took part in sessions and meetings of the WIPO Committees and Working Groups. In the framework of international cooperation the specialists of Ukrpatent experts participated in the work of the Committee on WIPO Standards Task Forces on development of a new WIPO Standard ST.68 for the electronic management of sound marks.
Cooperation of the state system of intellectual property legal protection specialists with WIPO, beginning from 2013, resulted in creation of the Ukrainian language version of the Madrid Goods and Services Manager (MGS). The Ukrainian version became the 17-th language version of MGS and has been functioning since February 2015 on the WIPO official web-site (https://webaccess.wipo.int/mgs/). The Ukrainian version of MGS provides access to the Alphabetical List of goods/services and Class Headings of Nice Classification translated into Ukrainian.
Assistance to developing countries
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VII. OTHER RELATED MATTERS
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.