Annual Technical Report on Trademark Information Activities in 2014 submitted by State Intellectual Property Service of Ukraine
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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
The main documents that determined directions for the development of patent information activities in 2014 are the Concept of the Development of the State System of Intellectual Property Legal Protection for 2009 - 2014, the Program of the Development of the State System of Intellectual Property Legal Protection for 2010 - 2014, the Basic directions of the State Enterprise "Ukrainian industrial property Institute" activities concerning realization of the Concept of the Development of the State System of Intellectual Property Legal Protection for 2009 - 2014, as well as annual plans of activities of the State Intellectual Property Service of Ukraine (hereinafter – SIPS) and the State Enterprise "Ukrainian Industrial Property Institute" (hereinafter – the SE "UIPI"). All these documents contain sections "Patent information support in the sphere of intellectual property and provision of wide public with access to the information related to intellectual property rights acquisition", which, in particular include:
- comprehensive development of the main directions of patent information support in the sphere of intellectual property;
- improvement of information support of the examination of industrial property rights applications in accordance with the worldwide trend of preferable use of information resources in a global Internet network, including access to the commercial databases;
- unification of the patent documentation international exchange procedure which is carried out with the purpose of acquisition of patent collections of the state system of intellectual property legal protection, taking into account the trends of transition of the intellectual property offices in many countries to the submission of patent information on the Internet only;
- implementation of series of actions aimed at ensuring the continued acquisition of patent information resources of Ukraine with the national patent documentation, improvement of this process by means of gradual transition to acquisition by the official publications exclusively on electronic carriers;
- development and realization of series of actions aimed at creating and development of the digital patent library;
- participation in the activities on unification and harmonization of the patent documentation of Ukraine with taking into account the world experience and in accordance with the international standards of the World Intellectual Property Organization (WIPO) and the current legislation of Ukraine;
- implementation of the activities for information safety improvement, including the international standard ISO/IEC 27001:2005 "Information technology – Security techniques – Information security management systems – Requirements" certification of the SE "UIPI".
Besides, the development of trademark information activities is stipulated by the Concept of the development of information and technical support of the main activities of the SE "UIPI" for the years 2013 - 2015 and by schedules of the projects on enhancement of the automated system AS "Marks for goods and services" (hereinafter – the TMAS).
The main areas aimed at development of trademark information activities of the SE "UIPI" are the following:
- introduction of electronic document workflow technology within the framework of the TMAS;
- introduction of automation means for quality control of the applications examination;
- provision of electronic document workflow for court cases documentation;
- enhancement of the TMAS functionality to provide for:
document management for IPRs transfer agreements and license grants;
generation of statistics reports for WIPO;
generation of statistics reports for state authorities requests;
- introduction of annual versions of the 10th edition of the International Classification of Goods and Services applied for the registration of marks (NCL-10) and a new edition of the International Classification of the Figurative Elements of Marks translated into Ukrainian;
- integration of the TMAS with technological systems.
The mentioned documents envisaged realization of the following tasks in 2014:
- modernization of the technological TMAS in terms of automation of functions for keeping document management for IPRs transfer agreements and license grants;
- creation of the software tools complex for automation of work activities related to acquisition and maintenance of property rights to qualified designations of origin of products;
- implementation of general Electronic Document Management System (EDMS) integrated with technological automated systems including the TMAS.
Expected time frames for realization of these tasks is 2014-2015.
New projects launched or resumed this year in the context of the policies and plans mentioned above, short description: aims, partners, tasks
In 2014 in accordance with scheduled tasks the document management system for IPRs transfer agreements and license grants was developed. This system is integrated with the TMAS and the AS "Industrial designs" and it provides automation of procedures and functions for keeping the State Register of Ukraine of Marks for Goods and Services and the State Register of Patents of Ukraine for Industrial Designs in terms of IPRs transfer agreements and license grants work.
In 2014 within the framework of the TMAS specific software tools were implemented for providing automatic generation of statistics reports for WIPO and for state authorities requests.
The TMAS was integrated with the general EDMS. Integrated complex of systems provides for processing general and technological electronic documents. At the end of 2014 the integrated complex was passed on for operational testing.
In the reporting year the software tools complex for automation of work activities related to acquisition and maintenance of property rights to qualified designations of origin of products was implemented and integrated into a unique information retrieval system.
In April 2014 Information Security Management System was implemented at the SE "UIPI" meeting the requirements of the international standard ISO/IEC 27001:2005. It's accordance with the new edition of the international standard – ISO/IEC 27001:2013 – was provided in September.
Main areas of trademark information activities and related information and communication technology (ICT) practices which were in the focus of attention last year
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 retrieval systems for information service of a wide range of users via the Internet. Publication of information on marks is also carried on optical media.
Examination of marks for goods and services applications is carried out by means of the TMAS which has full functional for text processing and maintenance of trademark applications documentation at all stages from 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" are formed with the use of automated workstation at the editorial department.
At the end of 2014 special software tools for the Official Bulletin formation on optical carriers were developed due to termination of the Official Bulletin publication on paper carriers.
The following resources were introduced for information support of the examination procedure:
- Nice Classification, 10th edition, version 2014 (NCL (10-2014)) translated into Ukrainian;
- Vienna Classification, 7th edition (VCL (7)) translated into Ukrainian.
For broad access of a wide range of users to the mentioned classifications the following information and retrieval systems (IRS) were created and placed at the web-portal of SIPS and the web-site of the SE "UIPI":
- IRS "International Classification of Goods and Services for the registration of marks (Nice Classification). 10th edition, version 2014";
- IRS "Classification of the Figurative Elements of Marks (Vienna Classification). 7th edition".
To ensure reliability of search results in the course of trademark applications examination search properties revision was performed (indexes of the Vienna Classification of figurative elements) on their compliance with the new edition of VCL(7) in technology databases of the TMAS and the AS "International Registration of Marks". Reclassification and update of this information in the working databases was done.
Special software is used for preparing data sets and recording them on optical discs.
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.
For information needs of users of the SE "UIPI" branch "Ukrainian Centre of Innovatics and Patent Information Services" of the SE "UIPI" (hereinafter – the Branch) produced and distributed commercially information products on CD-ROM with search engines, which include the current version/edition of the NCL translated into Ukrainian, in particular, in 2014 NCL (10-2014) was created and offered for sale. Information on the CD-ROM and the conditions for its purchase are available at the web-site of the Branch.
In 2014 series of actions aimed at the IT-infrastructure development was implemented:
2 HP DL380p Gen8 servers with the virtualization technology realized thereon were put into operation;
the HP 3PAR StoreServ 7200 storage data system with the storage capacity of 20 TB and the HP MSA 2040 data storage system for databases backup copies with the storage capacity of 40 TB was set into operation.
In 2014 network control software Intelligent Management Center (IMC) was put into operation. The HP IMC program is used for centralized local networks control. It provides for processing of crashes, network security and productivity control, backup copying and upgrade of network switches settings. The program enables complex control of the IT-infrastructure and system architecture scaling.
There was also commissioned the DPM system (Data Protection Manager), family of Microsoft System Center 2012 R2, for backup and recovery of servers in the event of accidents. It is used for centralized provision of continuous protection and reliable data recovery for all the servers (SQL Server, virtual servers, file servers) and support of desktops and laptops running Windows operating systems.
Statistics: changes in terms of application filings and registrations with respect to previous year; trends or areas experiencing rapid changes
Applications filed (national route):
in 2013 – 24 471, in 2014 – 18 796, i.e. 23.19 % decrease with respect to the previous year.
Registered Certificates (national route):
in 2013 – 14 981, in 2014 – 14 698, i.e. 1.89 % decrease with respect to the previous year.
From January 1, 2014 to December 31, 2014 within the test period of the electronic filing system for IPRs the SE "UIPI" received 1 620 trademark applications (6.25 % decrease with respect to the previous year).
In 2014, 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" (18.1%);
Class 05 "Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides" (6.9%);
Class 41 "Education; providing of training; entertainment; sporting and cultural activities" (5.8%);
Class 33 "Alcoholic beverages (except beers)" (5.7%);
Class 30 "Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastry and confectionery; ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice" (5.0%);
Class 29 "Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats" (3.4%);
Class 09 "Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus" (3.4%);
Class 25 "Clothing, footwear, headgear" (3.4%).
Other matters and useful links (URLs): annual report of the Office, news page, statistics, etc.
Annual Reports, statistical information, the Annual Technical Reports of the Office:
http://sips.gov.ua/ua/plans_reports.html
http://sips.gov.ua/en/plans_reports.html
News of the Office on the issues related to trademarks:
http://sips.gov.ua
http://sips.gov.ua/en
http://uipv.org
http://uipv.org/en/index.html
Information on trademark legislation:
http://sips.gov.ua/ua/normative_acts.html
http://sips.gov.ua/en/normative_acts.html
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://www.sips.gov.ua) and the SE "UIPI" web-site (http://www.uipv.org).
Information on the services provided by the Branch, including commercial, is available at its web-site (http://www.iii.ua).
Information for the users on filing trademark applications is presented at the SE "UIPI" web-site (http://www.uipv.org).
Information on the means of filing electronic applications is in a separate web-site section “Electronic Filing” (http://base.uipv.org/efiling/).
A software product the "Applicant Off-line Module" was developed and put into operation for drafting application materials downloadable from the web-site of the SE "UIPI" (http://base.uipv.org/off-line/).
Availability of the application dossier in electronic form
Applications filed on paper are converted into electronic form and entered into the electronic archive of documents. Applications submitted through the electronic filing system are automatically entered into the electronic archive. Thus, the electronic archive contains all application materials in electronic form ("electronic application dossiers").
In 2014 the majority of the total number of electronic applications received by the SE "UIPI" constituted trademark applications.
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
In the framework of the TMAS and the AS "International Registration of Marks" there functions a program system for verifying classification indexes. This system includes manuals on classification system and common software for performing functions of verifying classification indexes and reclassification.
For classifying in 2014 the NCL (10-2014) and VCL(7) translated into Ukrainian were used.
To ensure reliability of search results in the course of trademark applications examination search properties revision was performed (indexes of the Vienna Classification of figurative elements) on their compliance with the new edition of VCL(7) in technology databases of the TMAS and the AS "International Registration of Marks". Reclassification and update of this information in the working databases was done.
(ii) Use of electronic classification systems and pre-defined terms of the classification applied
Since 2014 only electronic classification systems were used:
- NCL (10-2014) and VCL (7) translated into Ukrainian within the TMAS for trademark applications examination;
- IRS "International Classification of Goods and Services for the registration of marks (Nice Classification). 10th edition, version 2014" and IRS "Classification of the Figurative Elements of Marks (Vienna Classification). 7th edition" by a wide range of users, principally examiners, available for free at the SIPS web-portal and the SE "UIPI" web-site as well as NCL (10-2014) on a CD-ROM with search system which is promoted by the Branch commercially.
When WIPO publishes a new version of the NCL or introduces changes into the existing one a new version of the NCL is formed by administrative tools for technological ASs.
Matters concerning processing of different types of non-traditional marks (e.g., three-dimensional, motion, hologram, color mark, etc.)
There is also an opportunity for processing sound marks by the TMAS tools.
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 (printed editions, information products on optical carriers, free electronic DBs and IRSs:
The Official Bulletin "Promyslova Vlasnist" (Industrial Property) – printed periodical edition;
The Official Bulletin "Promyslova Vlasnist" on DVD with search system;
The National CD-ROM "Marks for Goods and Services Registered in Ukraine";
DB "Electronic Version of the Cumulative Official Bulletin "Promyslova Vlasnist" (http://base.uipv.org/searchBul/);
DB "Marks for Goods and Services Registered in Ukraine" (http://base.uipv.org/searchBUL/search.php?dbname=certtm);
DB "Information on Well-Known Marks in Ukraine" (http://base.uipv.org/searchBul/search.php?dbname=certwkm);
Automated DB of the UEFA and its commercial partners intellectual property (http://base.ukrpatent.org/searchEURO2012/);
IRS "Trademark Applications Prosecution Status" (http://base.uipv.org/searchInvStat/);
IRS "International Classification of Goods and Services for the registration of marks (Nice Classification). 10th edition, version 2013" (http://base.ukrpatent.org/mktp10-2/);
IRS "International Classification of Goods and Services for the registration of marks (Nice Classification). 10th edition" (not effective, for information purposes only) (http://base.uipv.org/mktp10/);
IRS "Classification of the Figurative Elements of Marks (Vienna Classification). 7th edition" (http://base.uipv.org/vienna7/);
IRS "Classification of the Figurative Elements of Marks (Vienna Classification). 6th edition" (not effective, for information purposes only) (http://base.uipv.org/vienna6/).
Information regarding trademarks is published in Book 2 of the Official Bulletin "Promyslova Vlasnist" on paper 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 in the printed edition 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;
- for section "Information on Well-Known Marks in Ukraine" – information on marks in the scope defined by the Office, list of goods and services, black-and-white images of marks;
- 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 both on paper and electronic (DVD) carriers twice a month – 24 issues of the bulletin were issued during 2014. The Annual Index to the paper edition of the Official Bulletin for the previous, 2013, 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 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";
- DB "Marks for Goods and Services Registered in Ukraine" – bibliographic data, list of goods and services, images of marks;
- 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.
Official Gazettes: main types of announcements, frequency of publication, medium (on paper, on CDs, online, URL), etc.
In the section "Notices" of the Official Bulletin "Promyslova Vlasnist" (printed and electronic publications) with the periodicity of its release announcements in respect of registered marks for goods and services (to the extent provided by the respective applicable Law of Ukraine) are published including information on changes in the information entered into the State register of certificates of Ukraine for marks for goods and services, information on issue of the certificate duplicates, information on modifications due to the correction of errors and other information relating to the registration of certificates of Ukraine for marks for goods and services.
The section also contains publication of changes to information about international registration of marks protected in Ukraine.
The said information is available at www.sips.gov.ua and www.uipv.org.
Information products (coverage, medium, etc.) available to examiners, including external documentation and databases
Information products available to examiners for trademark applications examination (search collection) are determined by the corresponding order of SIPS and, inter alia, include:
- AS "Marks for Goods and Services", database for marks recognized as well-known in Ukraine as well as AS "Industrial Designs";
- DB "Legislation of Ukraine";
- DB "ROMARIN;
- DB "6ter Express";
- DB "WIPO Gazette of International Marks";
- corresponding state and national classifiers of Ukraine;
- current versions/editions of Nice and Vienna Classifications;
- information and reference sources mainly in electronic form.
Information products (coverage, medium, etc.) and services available to external users; conditions of access (e.g., free of charge, subscription, etc.)
In 2014 external users had an opportunity to use a software product "Applicant Off-line Module" (put into operation in 2013) that allowed to facilitate the work of applicants by automating the process of creating the secondary application documents. Applicants can download the applicant off-line module to their own computer from the web-site of the SE "UIPI" for free (http://base.uipv.org/off-line).
For information support of the wide range of public free access to the information concerning trademarks is provided through the web-portal of SIPS and the web-site of the SE "UIPI" – see the List of DBs and IRSs above. The amount of applicants who downloaded this module in 2014 composed 509 persons.
The Official Bulletin "Promyslova Vlasnist" on paper carrier and on DVD 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 DVD 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 current versions/editions of Nice Classification translated into Ukrainian on CD-ROM with search system, distributed by the Branch.
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 the SE "UIPI" are also accessible for free on the web-portal of SIPS and web-site of the SE "UIPI".
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 (DVD "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 Client-Server technology. The structure of the TMAS database allows for storing all bibliographic data and provides extensive search facilities.
Internal computerized search systems for trademarks include the following search systems: AS "Marks for Goods and Services", AS "International Registration of Marks", AS "Industrial Designs" Applications Input Flow Register (E-Reestr), AS "Accounting of Fees", Central Electronic Documents Archive.
In 2014 the TMAS was integrated with several new internal computerized systems:
General Electronic Document Management System provides a full cycle of document flow from its formation (or registration in case of its mail delivery) till its fulfillment;
Global catalog of correspondents is intended for keeping the SE "UIPI" numerators (for formation of documents registration numbers), register of persons - correspondents and different classifiers of general use. Procedures for keeping Classifier of documents and other classifiers (Classifier of objects of the administrative-territorial system of Ukraine, Classifier of economic activities, etc.) were implemented;
AS for document management of IPRs transfer agreements and license grants.
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 internal network. Availability of two firewalls increases the overall security.
Cisco and HP equipment is used as network switches.
The internal network is divided into ten virtual networks.
The hardware used in the network is:
- HP (DL380G5, DL380G7, DL380Gen8), Intel (SE7520JR2, SE7501WV2) and Supermicro (6025B-8) servers;
- HP (3Par StoreServ 7200, P2000, MSA2324fc, MSA1000), IBM (ProFibre Storage Array) and Infortrend (EonStor A16F-G2430, EonStor S12F-R1420, EonStor S16F-R1430) information storages;
- SAN network equipment (Qlogic SANbox 5600, HP SAN Switch 8/24, HP SN3000B);
- HP local network equipment (Procurve 2910aI-24G, Procurve 2510-48, Procurve 2530-48).
Operating systems and software:
- operating systems on physical servers Windows Server 2012R2, Windows Server 2012, Windows Server 2008R2, Windows Server 2008, Windows Server 2003, Unix;
- virtualized servers at VMware ESXi and Hyper-V (Microsoft);
- MS SQL 2008R2, MS SQL 2005 as a DBMS.
The built domain structure of Active Directory (AD) allows for centralized management of all enterprise information resources, including users, computers, files, peripherals, access to services, network resources, websites, databases and so on.
Multiple domain controllers are used to organize fault-tolerant domain structure.
There is also a WSUS server which provides updating of operating systems, servers and clients computers.
Antivirus Server "Kaspersky Anti-Virus" provides centralized control of all antivirus programs on users' computers, virus updates, generation of reports on database updates and existing threats.
The Microsoft Corporation software product – System Center Data Protection Manager (DPM), that provides continuous data protection for reliable restore of Windows servers work, is used for data backup. A plan as for restoring of all servers as well as servers after a crash is regulated.
Activities related to the IT-infrastructure development, which were held in the reporting period, aimed at development of a fault-tolerant computer network core, increase of its message rate, level of security and controllability, change of old-fashioned infrastructure hardware components, consolidation and virtualization of servers. Virtualization servers are combined into clusters that provide the high availability of all systems.
A series of activities is implemented for providing compliance of the IT-infrastructure with requirements for the complex information security system. The Security property is enabled on switchboard ports that disable connection to the corporate network by an external device. Changes in password policy, which comply with the security requirements, are held. The two-factor authentication users system is implemented on the basis of the device of program-hardware generation and electronic digital signature check. The secure protocol (HTTPS) and network protocol of application layer (SSH) are implemented for management of network equipment, information storages and SAN switches.
Overall corporate network consists of 600 personal computers, 30 physical servers and switching equipment.
Internet connection is provided for information system users to search for and view information.
Internal databases: coverage, updates, interlinks with external sources
Data from a number of sources (internal and external) are used while carrying out examination of trademark applications. Data from external sources are automatically downloaded to the integrated search system.
The TMAS Database
Replenished with information about 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.
International Trademark Registrations Database
Updated in batch mode, loaded from the WIPO web-site (ftp://ftpird.wipo.int/wipo/madrid/romarin/ and ftp://ftpird.wipo.int/wipo/madrid/notif/ua/), stored in the international registrations database.
Emblems and Flags (6ter) Database
Updated in batch mode, loaded from the WIPO web-site (ftp://ftpird.wipo.int/wipo/6ter/), stored in the TMAS database.
The Industrial Designs AS Database
Is extended and updated in the process of examination procedure and keeping the State Register by the users of the Industrial Designs AS.
International Industrial Design Registrations Database
Information on international registration of industrial designs in batches is once a day loaded from the WIPO web-site (ftp://ftpird.wipo.int/wipo/hague/) and stored in a database of international industrial design registrations.
Database for Trademarks Well-Known in Ukraine
It is updated in the course of registration of trademarks recognized to be well-known.
Database for Qualified Designations of Origin of Products
Establishment and maintenance of electronic search file: file building, updating, storage, documents from other offices included in the search file
Information on electronic search file for trademarks is presented in "Information products (coverage, medium, etc.) available to examiners, including external documentation and databases.
Information on electronic search file updates is presented in "Internal databases: coverage, updates, interlinks with external sources".
Updating of internal databases is performed while processing applications and within maintenance of the State Register.
Information on international registration of trademarks in batches is once a day loaded from the WIPO web-site (ftp://ftpird.wipo.int/wipo/madrid/romarin/ and ftp://ftpird.wipo.int/wipo/madrid/notif/ua/) and stored in a database of international registrations of marks.
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 Branch. The PPDC is the most comprehensive patent library in Ukraine available to the public (intellectual property office library).
International cooperation with WIPO, the EPO and patent documentation international exchange with foreign patent offices has been the main source of foreign industrial property documentation, 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 2014 the PPDC was updated with foreign documentation in the sphere of industrial property mainly on optical disks. As of 31.12.2014 the PPDC numbered about 20.6 thousand copies of official bulletins.
The PPDC provided for possibility to get information on trademarks published in the Official Bulletin "Promyslova Vlasnist" (Book 2) on paper and electronic carriers as well as official bulletins of foreign Offices.
Proper storage of the PPDC documents meeting specified requirements and guaranteeing their safety was ensured.
In particular, visual control of unauthorized persons access to the PPDC premises was carried out constantly which made their access to the documents repositories impossible and the documents were provided to the users solely in the reading room. Modern technologies for ensuring protection of library collections from theft and damage (video surveillance) were also used. The fire safety (fire alarm, alert, fire fighting) was assured; checking of the fire and protection alarm, alarm systems in emergency situations is carried out every year; proper ventilation and air conditioning is ensured.
The PPDC is located in the premises of the Branch in the three specially adapted and equipped areas (two depositaries with a 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 machines.
The Branch provided, including the PPDC (intellectual property office library), all necessary consultations as well as services both paid and on free of charge basis.
Free access for users to the PPDC materials for work in the reading room was provided. The work of the customers with the collections of patent documentation available in the PPDC on optical carriers in foreign languages was carried out jointly with the consultants of the Branch.
Consultations on optimal ways for conducting information search, documentation search on CD-ROMs and in distant databases via the Internet were provided for free, etc.
The Branch also provided appropriate commercial services, including carrying out different types of search of information and documentation.
In 2014, the following commercial services related to trademarks were provided:
- 364 consultations on regularity of application materials compilation, including 199 applications for trademarks registrations, were offered. The most common issue is considered to be a preliminary decision on compliance of a claimed mark with terms of granting legal protection under results of information searches in databases of registered marks for similarity and identity (about 1 400 of such consultations were offered for the whole year) ;
- 4 815 searches for similarity and identity of marks (trademarks) were made;
- 10 comparative analyses of IPRs were made, among them 3 analyses of marks for goods and services.
- 22 sets of materials for filing trademark applications for international registration were composed;
Consultation 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. About 1 400 of such consultations were offered monthly and more than 15 000 for the whole year. Individual acceptance of applicants composed 2 246 persons.
Information concerning the contents of the PPDC and its quarterly updating was published in the "Information resources" section on the web-portal of SIPS (http://www.sips.gov.ua), web-sites of the SE "UIPI" (http://www.uipv.org) and the Branch (http://www.iii.ua). There is also the list of commercial services and tariffs on the Branch web-site.
Publications related to different business procedures and trademark information sources available to users, for example, books, brochures, Internet publications, etc.
Cooperation with universities, technology and innovation support centers, etc.
During 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 paper carrier and DVD) 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 great attention to upgrading skills of experts involved in the state IP protection system.
As part of exchange of experience, training and skills upgrading, officials of the state IP rights protection system took part in a few events arranged by international organizations, governments and foreign IP offices during the past year.
In 2014, within the TWINNING Project, SIPS hosted working meetings with European experts, as well as training sessions and courses for SIPS and the SE "UIPI" 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.
As part of the subcomponent "Professional Development of the ST "UIPI" examiners, European experts, along with Ukrainian colleagues, prepared a training program in the form of a paper publication, which was distributed among examiners and will allow them choosing those training modules they are interested in. In October, the first of five training sessions was held; entitled "Let Train a Tutor", it was aimed at training mentor examiners who would elaborate training programs for introductory courses and act as tutors. The event welcomed examiners of the department of examination of applications for inventions, utility models and topographies of integrated circuits, and department of examination of applications for marks and industrial designs. In November and December, the weekly workshops for examiners, who prosecute applications for trademarks and industrial designs, took place.
In 2014, SIPS received 29 requests for certification from patent attorney candidates. The Certification Commission decided to certify 21 persons as intellectual property representatives (patent attorneys). As of December 1, 2014, there were 445 registered patent attorneys, who render IP services in 41 cities and 24 regions of Ukraine.
In 2014, SIPS held international research-to-practice conferences, workshops, webinars, social activities, topical lectures, round-table meetings, etc.
On September 9-11, 2014, Kyiv hosted the XXII International Research-to-Practice Conference "Topical Issues of Intellectual Property", organized by SIPS, the SE "UIPI" and the WIPO. This year organizers extended the range of issues under discussion at the Conference, namely, besides standard matters of legal protection of copyright and related rights, and examination of industrial property rights, the issues of IP rights enforcement on the Internet and IP litigation were addressed considerably. Thus, a workshop on IP rights enforcement, arranged under the auspices of WIPO, became an effective forum for discussion of problematic and topical issues for officials of prosecution and customs authorities. Topics for judges, lawyers, representatives of other sections of the Conference were sorted out in view of the European integration path of Ukraine, which allowed not only to discuss the matters raised in the light of signing of the EU–Ukraine Association Agreement, but to draft respective guidelines for government agencies and national business section as well. Therefore, participants of the Conference took an active part in all sessions, in particular on Acquisition and Protection of Industrial Property Rights Under the Adaptation of National Regulatory and Legal Framework to the EU Standards, on Problematic Issues Relating to the "Private Copy" Fee in Ukraine, and on the Methods of Improvement of Judicial System as Part of Harmonization of Legislation of Ukraine with the EU Law.
Adaptation of legislation of Ukraine to the EU standards, elaboration of optimal legal and economic tools for step-by-step entry of Ukrainian manufacturers into the European market was discussed at the international legal forum "Ukraine – EU", organized by the publishing house "Yurydychna Praktyka" (Legal Practice) (September 24, Kyiv). The event was attended by the experts of the IP rights protection system of Ukraine.
Kyiv University of Law of the National Academy of Sciences of Ukraine, under the auspices of WIPO, hosted the International Research-to-Practice Conference "Current Challenges and Pressing Issues of IP in Ukraine and Europe". Program of the Conference covered the issues of state control in IP and innovation activities, control over contractual relations in IP, management of innovation projects and IP system of companies, legal protection of individualization means. The event was attended by the officials of the IP rights protection system of Ukraine.
On June 25, 2014, the official presentation of the research on IP market in Ukraine, conducted by the International Chamber of Commerce (ICC) and its business initiative "Business Action to Stop Counterfeiting and Piracy" (BASCAP), took place. The event was attended by the officials of SIPS, ICC and the Ukrainian National Committee of the International Chamber of Commerce (ICC Ukraine).
In 2014, state IP inspectors of SIPS conducted a few outreach campaigns in various regions of the country and took part in thematic meetings on IP organized by other organizations and institutions.
In the reporting year, the SE "UIPI" hosted a few seminars for applicants: "Specifics of Examination of Applications for Marks and Industrial Designs"; on consideration of objections by the Appeals Chamber of SIPS; and "Information and Analytical IP Support for Companies".
Other activities
An important aspect of SIPS activity as to the training of IP experts is the International Summer School on Intellectual Property under the auspices of WIPO, SIPS and the National University "Odesa Law Academy". In the reporting year, from July 21, 2014 to July 27, the 6th International Summer School was held only for the Ukrainian students and young professionals at the premises of the Taras Shevchenko National University of Kyiv. Summer School stirred great interest in the Ukrainian youth showing clearly the rise of awareness of IP significance for the progress of the country and economic advancement in the oncoming generation.
Detailed information on other activities of SIPS, the SE “UIPI" and the Branch in 2014 is contained in the 2014 Annual Report, section 6.2. Research-to-Practice Conferences, Workshops and Outreach Campaigns and section 6.3. Creativity Encouragement (http://sips.gov.ua/i_upload/file/zvit2014eng-WEB.pdf).
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 the SE "UIPI", 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 the framework of international exchange in 2014 the SE "UIPI" received official bulletins with information regarding trademarks from eight foreign Offices. The Official Bulletin "Promyslova Vlasnist" on DVD was sent to exchange partners.
In 2014 the SE "UIPI" also stopped documentation exchange on material carriers with Rospatent and mutual documentation exchange via FTP-servers of the Offices was started.
Participation in international or regional activities and projects related to trademark information
In 2014 in the framework of international cooperation the specialists of the SE "UIPI" took part in the work of the Committee on WIPO Standards Task Forces, in particular, on development of a new WIPO Standard for processing audio and motion (multimedia) marks.
Assistance to developing countries
Other activities
VII. OTHER RELATED MATTERS
One of the priority objectives of SIPS is to ensure effective functioning of the quality management system of the examination procedure for industrial property rights applications introduced in 2012 (International Certificate № 321012076 of 17.10.2012).
According to the results of the supervisory audit of the quality management system carried out by the Dekra Certification Company in 2014 the examination body confirmed that the implemented quality management system complies with the requirements of the ISO 9001:2008.