CWS.ATR.TM.2013.PL

Annual Technical Report 2013 on Trademark Information Activities submitted by Poland (CWS/ATR/TM/2013/PL)

Where URLs are requested below, it is preferred that either URLs which are likely to remain stable over time (three years or more) are provided, or home (main) page URLs are provided with a short explanation of how to access the corresponding information.

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

A number of projects were established within The Cooperation Fund, a lot of them have already been implemented but still on some of them the work is carried out. The Cooperation Fund covers work in collaboration between OHIM and national offices. Main goals of this project are: harmonization of practices, adaptation to the digital environment, barrier removal, improvement of technical system. Such objectives create a good strategy especially in order to adapt to the competitive internal European and digital market. That's why here in Poland, the Office decided to participate in all of the 20 CF projects.
Since 2013 Polish Patent Office uses new databases as follows:
• TMview - online trade mark search tool, is an online consultation tool allowing any Internet user to search, free of charge, for national, international and community trademarks of all trade mark offices involved in the initiative
• TMclass - Free online tool to search, translate or classify goods and services when applying for trademarks. TMclass is a central point from which it is possible to access the terms that appear in the classification databases of each of the offices participating in the initiative.
• Quality Standard for Trade Marks and Designs - Transparent and harmonized information about services and quality standards provided by participating offices.
• Common User Satisfaction Survey - Harmonized User Satisfaction Survey - a Cooperation Fund project, the Common User Satisfaction Survey allows for a common approach to carrying out surveys across participating IP offices. The project also allows for the cross-linkage of other CF projects, like Quality. An analysis of the completed survey will allow the participating office to: measure customer satisfaction draw attention to areas for improvement plan future work of the office
• eLearning - tool providing online training for Small and Medium Enterprises (SMEs) on the importance of Intellectual Property Rights (IPRs). This e-Learning tool is divided into two main sections: "Why is Intellectual Property important", where you can find information about Intellectual Property throughout the different stages of production, and "What and How to protect" where you can find information targeted towards Small and Medium Enterprises (SMEs), covering the different types of Intellectual Property rights.
• Enforcement Database - an up to date database to help enforcement agencies to better identify counterfeit goods. The tool holds data on registered IP rights, contact information, supplementary product information and logistics. This information can be used by enforcement authorities in order to detect counterfeit products.
• Anti – Counterfeiting Intelligence Support Tool - with this tool enforcement authorities can see how counterfeited goods are moving within the internal market so that they can use their resources more efficiently. The system enables end users (enforcement authorities, the OHIM Observatory, etc.) to upload the relevant data via a user friendly interface.

New projects launched or resumed this year in the context of the policies and plans mentioned above, short description: aims, partners, tasks

New projects launched or resumed in 2013 include:
Implementation of the Internet Education Platform which will enable the preparation and publication of e-learning courses for SME entrepreneurs, familiarizing them with the matters concerning objects of protection.
Initialization of the implementation of the platform based on the SharePoint 2013, aiming ultimately to take over the functionality provided by the existing "Databases UPRP" platform. Search engine will be linked against other search systems, which are in the portfolio of the Office (Publication Server, Register Plus for trademarks).
Preparation the new website publishing Official Gazette of the Office containing "Wiadomości Urzedu Patentowego" (WUP) and „Biuletyn Urzędu Patentowego” (BUP). Migration of the documents from Online Services Portal.
Preparation of the new publication (searching) server Lista Rzecznikow Patentowych [Patent Attorneys List], together with the migration of data from the Online Services Portal. Adaptation of the data structure and preparation of the system to the current legislation.

Main areas of trademark information activities and related information and communication technology (ICT) practices which were in the focus of attention last year

The works are still pending on implementation of the following projects:
• BackOffice - The Polish Patent Office (PPO) has completed the final stages of the parallel go-live of the Back Office project. The Back Office, developed by OHIM´s Cooperation Fund, is a workflow-based system for handling trademarks and designs throughout the whole lifecycle of the process, from application to registration and publication. It also streamlines the working process, by helping users to create and monitor correspondence with clients. Its auto completion system automatically fills in trademark and design data into letters. The tool calculates fees, holding all information on one single page, and handles files, organising notes and correspondence. The PPO team has already begun to register trademarks through the system, and has migrated many more. The Back Office was implemented thanks to huge efforts from Warsaw-based IT and IP experts, with support from OHIM in Alicante and on the ground in Poland.
• Similarity - the tool gathers and shows assessments from the participating IP offices on similarities between goods and services. In opposition and cancellation procedures the comparison of goods and services plays a crucial role in the examination procedure. Similarity is a central point where it is possible to consult the assessments of the participating offices with regards to the comparisons of goods and services.
• Cesto - The Common Examiners Support Tool providing a harmonized search of several databases to support examiners. CESTO is an automated and harmonized search tool which will perform searches for any given trademark application and in turn provides information in relation to similar trade marks from an array of participating offices (who have their trade marks in TMview), similar trademarks from the same or similar owners from the same array of offices, emblems and other heraldic devices held by WIPO, Geographical Indications at EU and national level, International Non-Proprietary Names for active pharmaceutical ingredients from WHO (MedNet), as well as any specific information provided by the participating offices (on a dashboard). Some of the most commonly used webpages containing English language and specialized dictionaries will also be included.
• TMeFilling - a system for applying trademarks electronically
The RegisterPlus software application for trademarks was further developed and enhanced in 2013.

Statistics: changes in terms of application filings and registrations with respect to previous year; trends or areas experiencing rapid changes

In 2013, the Polish Patent Office received in total 14,492 trademark applications under national procedure.
In 2013, the Patent Office received from domestic applicants:
- 276 applications for international registration of Polish trademarks under the Madrid Agreement and the Protocol to that Agreement.
- 11 applications for Community trademark, which were transmitted to the OHIM.
After completing formal examinations the Office issued 13,294 positive decisions concerning the grant of trademark protection rights under national procedure.
The number of trademark registration rights in force on 31 December 2013 was 236,331 (133,695 under national procedure and 102,636 under international procedure).

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

In December 2013, IP Info Centre was created - new division within the PPO Receiving Department.

Current PPO information and support options include:
1) Via website: http://www.uprp.pl/przedmioty-wlasnosci-przemyslowej/Menu02,12,4,index,pl/ (all information about patents, trademarks, designs and instructions.)
2) via telephone: (+48 22 579 02 20, +48 22 579 01 53)
3) via e-mail: http://www.uprp.pl/Text01,205,161,1,index,pl,text/
4) in PPO (personally)
In the future the IP info project will be enlarged with two additional clients' communication options:
- live chat
- callback.
The project will provide new possibilities of customer relations in our new IP Info Center, including implementation of the contact center and CRM systems.

Availability of the application dossier in electronic form

Customers using the Online Services Portal have access to the application files sent by them electronically to the PPO. If they agree to further conduct correspondence electronically they have access to the application dossier in electronic form.
Start-up of the full (two-way) communication with the Office clients via general correspondence form on Electronic Platform of Public Administration Services (ePUAP)
Customers using the Electronic Platform of Public Administration Services (ePUAP) have access to application files they sent electronically to the Patent Office. They also receive automatic confirmation of delivery of documents to the Patent Office. If they prefer to continue exchanging correspondence electronically, they receive a reply concerning the progress of proceedings and application number, also electronically.
Preparation of further 7 electronic forms to the existing one, allowing customers of the Office to further proceed matters relating to objects of protection in electronic form via Electronic Platform of Public Administration Services (ePUAP).

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
(ii) Use of electronic classification systems and pre-defined terms of the classification applied

The Polish Patent Office uses the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification) 10th 2013 edition as well as International Classification of the Figurative Elements of Marks (Vienna Classification) 7th edition.
During the procedure, the Office's staff amends the goods and services classes

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)

In 2013, the following publications (periodicals) were issued:
- "Biuletyn Urzedu Patentowego" (first level Official Gazette - bi-weekly) 26 numbers, i.e. 3,780 copies.
- "Wiadomosci Urzedu Patentowego" (second level Official Gazette - monthly) 12 numbers, i.e. 1,685 copies.
- 2012 Annual Report of the Patent Office of the Republic of Poland - 1,050 copies.
- International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification, part I and II - 800 copies
- "Trademarks in activity of Small and Medium Sized Enterprises" - 15 000 copies
Most publications are available on the PPO's website http://www.uprp.pl - and continues at: http://ipu.uprp.pl(Online Service Portal).

Official Gazettes: main types of announcements, frequency of publication, medium (on paper, on CDs, online, URL), etc.

Both parts of the Polish Patent Office's Official Gazettes ("Biuletyn Urzedu Patentowego": national trademark applications and "Wiadomosci Urzedu Patentowego": registered national trademarks and international registrations of trademarks approved in Poland) containing announcements regarding trademarks are forthwith available free of charge in PDF format on the PPO's Online Services Portal (http://ipu.uprp.pl/portal/web/guest/publikacje).
In 2013, there were 13,997 announcements on trademark applications and 10,280 announcements on registered trademarks.
Announcements regarding non-procedural matters, but coupled with the Office's activity like: general information on the PPO's tasks, references, organizational structure, HR matters are published on the Internet version of "Biuletyn Informacji Publicznej" which falls under the official PPO's web site. Many non-regular, important announcements are immediately published within the content of the website.

Information products (coverage, medium, etc.) available to examiners, including external documentation and databases

In 2013 the following information products were available to examiners:
- Online Services Portal with: IP information on trademarks, access to classifications, e-filings and patent attorney's list: http://ipu.uprp.pl- Register Plus for trade marks (free of charge) available at:
http://regservtd.uprp.pl/register/regviewer

The Polish Patent Office uses external databases, such as:
• MedNet - INN database (International Nonproprietary Names) available on the pages http://mednet.who.int/inn, free of charge
• E-Bacchus is a database which: consists of the Register of designations of origin and geographical indications protected in the EU in accordance with Council Regulation (EC) No 1234/2007, lists non-EU countries' geographical indications and names of origin protected in the EU in accordance with bilateral agreements on trade in wine concluded between the EU and the non-EU countries' concerned, lists the traditional terms protected in the EU in accordance with Council Regulation (EC) No 1234/2007. Database is available on the page: http://ec.europa.eu/agriculture/markets/wine/e-bacchus/index.cfm?event=pwelcome&language=PL, free of charge
• The DOOR - Database of Origin and Registration database includes product names for foodstuffs registered as PDO, PGI or TSG as well as names for which registration has been applied. Database is available on the page: http://ec.europa.eu/agriculture/quality/door/list.html;jsessionid=pL0hLqqLXhNmFQyFl1b24mY3t9dJQPflg3xbL2YphGT4k6zdWn34!-370879141, free of charge
• NATIONAL PLANT VARIETY PROTECTION - COBORU (www.coboru.pl), free of charge
• COMMUNITY PLANT VARIETY PROTECTION - CPVO (www.cpvo.europa.eu), free of charge

Information products (coverage, medium, etc.) and services available to external users; conditions of access (e.g., free of charge, subscription, etc.)

PPO provides access to trademark data in the reading room where external users can also search free of charge in online databases and databases on CD and DVD.

Information provided upon payment include:
- bibliographic data of trademark applications and registered trademarks

Legal status information (kind of information, coverage, medium, etc.)

In order to make entries on the legal status of exclusive rights protected on the territory of Poland, the trademark register is held. The register includes information necessary to establish the subject and scope of protection (f. ex. date of filing, title), entity (or entities) entitled to rights concerning a given subject of protection (f. ex. holders, licensees, securities, seizure) and other useful information (f. ex. applications for revocation). Every person who submits relevant application and pays a fee to the account of the Office can obtain excerpts from the register..
Legal status information is also available in Register Plus at:
http://regserv.uprp.pl/register/regviewer

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 Office uses ACSEPTO - the primary search and examination system for trademarks - a tool that integrates many types of IT resources to conduct searches of trademarks registered through the national route, international registrations, Community Trademarks, appellations of origin, pharmaceutical names, materials under Article 6ter of the Paris Convention. PPO is in the process of the upgrading the Acsepto version from 7 to 9.

Hardware used to supporting business processes of the Office

Workstations run under Windows XP/Windows 7/Windows 8.1 environments, and server's operational systems are Microsoft Windows Server (2003, 2008, 2008 R2, 2012 R2), SUSE Linux Enterprise Server (10 and 11) and Debian (5, 6 and 7) GNU/Linux, Ubuntu Server, Oracle Linux (6), CentOS (6). Replacement of the operating systems on MS Windows 7 and Windows 8.1 is in progress. The SAN mass storage network was configured in order to make disk-arrays available to the computing systems. All of workstations are secured by McAfee antivirus and antispam system. All network connections are based on CISCO and Alcatel equipment with 200 Mb/s access to the Internet.
Server infrastructure for the Online Portal includes 9 application servers; 5 database servers; 10 TB build-up array; back-ups for HP Data Protector, Fujitsu FI-5900C scanner, 125 packages for the purposes of qualified signatures. On-Line Portal servers are supported by local UPSs and they are also hooked to Main power supply unit for the PPO.
- Back office hardware located in secured/zoned Data Centre with fire alarm and CTV system, redundant air-conditioning and technical floor.

Internal databases: coverage, updates, interlinks with external sources

Trademark data are stored on the specialized, regularly updated internal databases, where image information and bibliographic details are held, for example:
- Marpol – system supporting the process of granting rights of protection for trademarks;
- Marmad - system supporting the process of maintaining rights of protection for international trademarks;
- databases supporting the process of publication of trademarks.

Establishment and maintenance of electronic search file: file building, updating, storage, documents from other offices included in the search file

CTM, IR and 6ter data are stored and accessed via Acsepto search system.

Administrative management electronic systems (register, legal status, statistics, and administrative support)

Off-line systems provide information to examiners, lawyers and the accounting staff (payroll and finance-accounting system)

V. PROMOTION ACTIVITIES AIMED TO SUPPORT USERS IN ACCESS AND EFFICIENT USE OF TRADEMARK INFORMATION

Publications related to different business procedures and trademark information sources available to users, for example, books, brochures, Internet publications, etc.

Within promotion of knowledge on industrial property the Patent Office issues various publications such as guides, informational-promotional brochures addressed to wide audience, among others to entrepreneurs, students, school youth. Those publications are available free of charge both in electronic version and PDF format as well as on paper on the premises of the Office.

Publication titles are as follows: Your world of intellectual property, What is intellectual property, Trademarks, Intellectual property in information society, Industrial protection in a nutshell, Trademarks (comic book), 10 reasons to use the system of Community Trademark.

In 2013 the PPO started implementation of the project aimed at preparing and distributing a few dozen booklets on different aspects of intellectual property. The booklets were distributed as training and conference materials at different events and in the future will be posted on the Internet Educational Platform still under construction.

Cooperation with universities, technology and innovation support centers, etc.

The Patent Office collaborates with various institutions in the scope of promotion of knowledge on Intellectual Property (organisation of conferences, workshops, trainings, granting patronage of the PPO President over numerous initiatives etc.)
In 2013 the Office collaborated with the following entities, to name a few:
- collaboration with universities (Jagiellonian University in Krakow, University of Warsaw, Maria Curie-Sklodowska University in Lublin, Lodz University of Technology, Kielce University of Technology, Warsaw University of Technology, Wrocław University of Technology, Krakow University of Technology, AGH University of Science and Technology in Krakow etc.)

- collaboration with science and business related institutions, including: Polish Federation of Engineering Associations, Association of Polish Inventors and Rationalizers, Polish Union of Inventor and Rationalizer Associations, Polish Economic Chamber of Advanced Technologies, Lewiatan Confederation, Polish Patent Attorney Chamber.

Education and training: training courses, e-learning modules (URLs), seminars, exhibitions, etc.

In 2013, within industrial property protection the PPO organised or participated in the following events:
- International Conference on World Intellectual Property Day "Intellectual Property in the Internet. How to use it without infringement. How to protect it without restricting" organised in Warsaw in cooperation with WIPO.
- 9th International Symposium "Intellectual Property in Innovative Economy. Launching innovations on the market: converting knowledge into profit" held in Krakow in cooperation inter alia with EPO and WIPO.
- Regional trainings on computer software protection.
- Trainings on industrial property protection for MSEs and business-related institutions.
- Specialised Seminar on intellectual property valuation.
- 32nd Seminar for Patent Attorneys of Schools of Higher Education in Cedzyna.
- Lectures and consultancy and advisory meetings within 16th Science Festival and open days of the Patent Office.
- Annual "Scientific Picnic" of the Bis Radio and Copernicus Science Centre in Warsaw.
- 9th Fairs of Industrial Technology, Science and Innovation "Technicon Innovations 2013" in Gdansk.
- Ceremony of prize award in the 11th edition of the competition for the best artistic poster as well as post-doctoral, doctoral, master's and student's theses on the subject of industrial property organized by the Patent Office.
In 2013 The PPO continued implementation of the project Internet Educational Platform which constitutes compendium of knowledge on intellectual property issues. The target group comprises enterprises (especially MSE) business related institutions (including schools of higher education) and other entities.
- The Knowledge Zone will include information, publications and other materials addressed both to entities with advanced knowledge on IP issues and entrepreneurs looking for basic information on IP protection, procedures and management.
- Training Zone will comprise e-learning course divided into 10 modules on intellectual property protection. Each module will end with a test to verify the acquired knowledge.
Within systemic project, in 2013 The PPO organised a series of advisory-informational meetings with renowned experts in the field of intellectual property, which gathered in total 950 guests.

VI. INTERNATIONAL COOPERATION ACTIVITIES IN THE FIELD OF TRADEMARK INFORMATION

International exchange of trademark information in machine-readable form (e.g., Official Gazettes)

Community Trademark information is downloaded using the XML data which is then passed to PPO's search systems.
XML trademark files are downloaded from WIPO and are also passed to PPO's search systems.

Participation in international or regional activities and projects related to trademark information

See point I above.

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