Annual Technical Report on Trademark Information Activities in 2015 submitted by STATE INTELLECTUAL PROPERTY SERVICE OF UKRAINE
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 trademark[1] information activities in 2015 are the annual plans of activities of the State Intellectual Property Service of Ukraine (SIPS) and the State Enterprise "Ukrainian Intellectual Property Institute" (Ukrpatent) taking into account the Priorities of the State Intellectual Property Service of Ukraine for 2015-2017. The plans contain strategic directions "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" and "Implementation of modern information technology" which in particular include:
- comprehensive development of the main directions of information support in the sphere of intellectual property;
- introduction of new versions/editions of the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification) translated into Ukrainian, creation of information and reference systems that are in free access to the public through the SIPS and Ukrpatent web-resources;
- implementation of series of actions aimed at ensuring the continued acquisition of patent information resources of Ukraine with the national patent documentation on electronic carriers;
- elaboration and implementation of series of actions aimed at 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;
Besides, development of trademark information activities is stipulated by the Concept of the development of information and technical support of the main activities of Ukrpatent for the years 2013-2015.
The mentioned documents envisaged implementation of the following tasks for 2015:
- enhancement of the technological electronic document management within the framework of the "Marks for Goods and Services" Automated System (TMAS);
- development of specific software tools for the automatic generation of statistics reports;
- creation of the automated workstation for preparation and introduction of new versions and editions of the Nice Classification (hereinafter – NCL AW);
- realization of activities aimed at further IT-infrastructure development.
New projects launched or resumed this year in the context of the policies and plans mentioned above, short description: aims, partners, tasks
In 2015 in accordance with the scheduled tasks specific software tools, which are the component part of the TMAS, were developed for providing automatic generation of statistics reports for WIPO and on the requests of state authorities. In the framework of this task the auxiliary databases were developed, procedures of gathering and downloading statistical information from databases were implemented, classifiers and server procedures for updating classifications were created. New software modules provide the user interface for formation and viewing statistics reports as well as helper and utility functions for the automatic generation of statistics reports.
Specific software tools are intended for use in the following technological procedures:
- preparation of statistics reports for WIPO;
- generation of statistics data on the state authorities requests;
- generation of statistical figures on the status of industrial property rights (IPRs) examination (marks for goods and services, international registrations of marks);
Specific software implementation provides for the automation of work process of the IP Economics and Statistics Unit as well as the Department for Examination of Applications for Marks and Industrial Designs.
In 2015 a full range of works for designing and development of the NLC AW was implemented. In the framework of this task the following was carried out:
- analysis of data structure and mechanisms for access to information sources;
- determination of array and formats of data downloaded, processed and stored in the database;
- determination of mechanisms and procedure for data updating.
At the end of 2015 the project was completed, the NLC AW was put into operation.
[1] The terms "mark for goods and services", "mark" and "trademark" are used interchangeably in this text, regardless of whether the registration concerns goods or services.
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 and reference systems for information service of a wide range of users via the Internet. Publication of information on marks is also provided on optical media.
Examination of applications for marks for goods and services is carried out by means of the TMAS which has full functionality for text processing and management of trademark applications documentation at all the stages from application 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" (Industrial Property) are formed with the use of automated workstation at the Editorial Department.
The following resources were introduced for information support of the examination procedure:
- the Nice Classification, the 2015 version of the tenth edition (NCL (10-2015)) translated into Ukrainian;
- the Vienna Classification, seventh edition (VCL (7)) translated into Ukrainian.
For access of a wide range of users to the mentioned classifications the following information and reference systems (IRS) were created and put on the Internet at the SIPS and Ukrpatent web-resources:
- IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification). Tenth edition, version 2015";
- IRS "Classification of the Figurative Elements of Marks (Vienna Classification). Seventh edition".
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.
A unified mechanism for automatic registration of incoming documents regardless of the way of their receipt (on paper, by email to the official address of Ukrpatent (office@ukrpatent.org), by Fax or other telecommunication networks) was implemented at Ukrpatent in 2015.
A full cycle of works on creation of the Key Certification Center (KCC) was completed at the premises of Ukrpatent. The certificate of accreditation of the KCC was received. Operation of the own accredited KCC provides electronic digital signature services in the full scope to the employees of Ukrpatent, as well as other physical and legal persons who file applications for IPRs through the electronic filing system.
During 2015, a number of measures were implemented at Ukrpatent towards the IT infrastructure development. A new server, data storages (disk arrays), SAN switches for network storage, uninterruptible power supply units were purchased. Up-to-date computer and communication equipment was put into operation in the data processing center (DPC) which provided:
– additional volume of the primary HP 3PAR StoreServ 7200 disc storage to maintain a constant growth of databases;
– high-speed storage of information using HP MSA 2040 SAN;
– organizing of fault-tolerant network storage SAN with two independent factories on the basis of the HP SN3000B and HP SAN switch 8/24;
– additional protection and improvement of reliability of the power supply of critical systems built on clustered systems and data warehouses.
Testing of the Virtual Desktop Infrastructure technology was carried out, in which all elements of the user workstations are located on the server in the DPC. Further implementation of this technology will standardize and unify the users operational environment. Computers that are used as workstations will be gradually replaced with "thin clients" with long service life and high level of information security.
Testing of software from the System Center 2012R2 product family has been completed and put into operation – the Configuration Manager which enables central operating systems and software installation, establishing security policies, implementing technical inventory of computers and software, as well as monitoring the status of computers (workstations).
Standard software was put into operation that provided:
– upgrade of server operating systems to Windows Server 2012R2;
– upgrade of the database management system (DBMS) to Microsoft SQL Server Enterprise 2014 and achievement of a new level of functionality, in particular, the ability to break up large databases into separate parts to increase the capacity and safety of operation and reducing the time of the backup;
– using of the System Center Configuration Manager – IT infrastructure managing product based on Microsoft.
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 2014 – 18,796, in 2015 – 24,652, i.e. 31.16 % increase with respect to the previous year.
Registered Certificates (national route):
in 2014 – 14,698, in 2015 – 12,388, i.e. 15.72 % decrease with respect to the previous year.
From January 1, 2015 to December 31, 2015 within the test period of the electronic filing system for IPRs Ukrpatent received 2,118 trademark applications (30.74 % increase with respect to the previous year).
In 2015, 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" (21.9%);
Class 41 "Education; providing of training; entertainment; sporting and cultural activities" (6.8%);
Class 5 "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" (6.6%);
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" (4.8%);
Class 33 "Alcoholic beverages (except beers)" (3.9%);
Class 25 "Clothing, footwear, headgear" (3.8%);
Class 43 "Services for providing food and drink; temporary accommodation" (3.7%).
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://ukrpatent.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://sips.gov.ua) and Ukrpatent web-site (http://ukrpatent.org).
Information on information services, including paid services, provided by Ukrpatent and its Innovations Department is published at the Ukrpatent and department's (http://iii.ua) web-sites.
Information for the users on filing applications for marks for goods and services is presented at the Ukrpatent web-site (http://ukrpatent.org).
Information and the means of filing electronic applications are posted in a separate web-site section "Electronic Filing" (http://base.ukrpatent.org/efiling/).
A software product the "Applicant Off-line Module" was developed and put into operation for drafting application materials on paper. It can be downloaded from the Ukrpatent web-site at http://base.ukrpatent.org/off-line/.
Access to online publications, which contain data on trademarks, is provided through the SIPS (http://sips.gov.ua/ua/info_resurses.html) and Ukrpatent (http://ukrpatent.org/ua/bases.html) web-resources.
Availability of the application dossier in electronic form
All application materials for trademarks, regardless of the way they are filed to Ukrpatent (through the electronic filing system, on paper carriers, by email, Fax or other telecommunication networks), automatically or after scanning the paper carriers are entered and stored in the electronic archive of documents and used by technological systems within the pendency of applications.
In 2015 trademark applications made the majority of the total number of electronic applications received by Ukrpatent.
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 2015 the NCL (10-2015) and VCL (7) translated into Ukrainian were used.
(ii) Use of electronic classification systems and pre-defined terms of the classification applied
In 2015 the following electronic classification systems were used:
- NCL (10-2015) and VCL (7) translated into Ukrainian within the TMAS – for trademark applications examination;
- IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification). Tenth edition, version 2015" and IRS "Classification of the Figurative Elements of Marks (Vienna Classification). Seventh edition" – by a wide range of users, primarily applicants (available for free at the SIPS and Ukrpatent web-resources).
When WIPO publishes a new version/edition of the NCL, new version of the current edition translated into Ukranina is formed by administrative tools for technological automated systems.
Matters concerning processing of different types of non-traditional marks (e.g., three-dimensional, motion, hologram, color mark, etc.)
The TMAS tools provide for processing of sound, color marks.
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 (official editions, information products on optical carriers, free electronic DBs and IRSs:
The Official Bulletin "Promyslova Vlasnist" (Industrial Property) – printed periodical edition;
The analogue of the printed edition – the Official Bulletin "Promyslova Vlasnist" on CD-ROM 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.ukrpatent.org/searchBul/);
DB "Marks for Goods and Services Registered in Ukraine" (http://base. ukrpatent.org/searchBUL/search.php?dbname=certtm);
DB "Information on Well-Known Marks in Ukraine" (http://base. ukrpatent.org/searchBul/search.php?dbname=certwkm);
Automated DB of intellectual property of UEFA and its commercial partners (http://base.ukrpatent.org/searchEURO2012/);
Interactive DB "Applications for Marks for Goods and Services admitted to examination"
(http://base.uipv.org/searchBUL/search.php?dbname=apptmc);
IRS "Information on Prosecution Status of Applications for Marks for Goods and Services" (http://base.ukrpatent.org/searchInvStat/);
IRS "Information on Certificates of Ukraine for Marks for Goods and Services Deemed to be Invalid or Expired" (http://base.ukrpatent.org/searchTmRevoke/search.php);
IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification). Tenth edition, version 2015" (effective from January 1, 2015) (http://nice102015.ukrpatent.org/);
IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification). Tenth edition, version 2014" (not effective, for information purposes only) (http://nice102014.ukrpatent.org/);
IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification). Tenth edition, version 2013" (not effective, for information purposes only) (http://base.ukrpatent.org/mktp10-2/);
IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification). Tenth edition" (not effective, for information purposes only) (http://base.ukrpatent.org/mktp10/);
IRS "Classification of the Figurative Elements of Marks (Vienna Classification). Seventh edition" " (effective from January 1, 2013) (http://base.uipv.org/vienna7/);
IRS "Classification of the Figurative Elements of Marks (Vienna Classification). Sixth edition" (not effective, for information purposes only) (http://base.uipv.org/vienna6/).
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.
Publications 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 twice a month – 24 issues of the bulletin were issued during 2015. The Annual Index of the Official Bulletin for the previous, 2014, 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 the 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.
Besides that, to fulfill its obligations to ensure transparency and openness in its activities, on October 1, 2015 SIPS released information on all applications for marks for goods and services that are under the qualifying examination (substantive examination).
Since October 2015, using the Interactive DB "Applications for trademarks for goods and services admitted to examination", right holders are able to timely monitor filed applications that may infringe their rights and to prevent registration of such marks by filing a corresponding opposition.
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" 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 http://sips.gov.ua and http://ukrpatent.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 the 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 the Nice and Vienna Classifications;
- information and reference sources mainly in electronic form.
- corresponding state and national classifiers of Ukraine;
- current versions/editions of the Nice and Vienna Classifications;
- information and reference sources mainly in electronic form.
- DB "ROMARIN;
- DB "6ter Express";
- DB "WIPO Gazette of International Marks";
- corresponding state and national classifiers of Ukraine;
- current versions/editions of the 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.)
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 Ukrpatent – see the List of DBs and IRSs above.
The Official Bulletin "Promyslova Vlasnist" on CD-ROM 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 CD-ROM 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 the current NCL (10-2015) translated into Ukrainian on CD-ROM with search system.
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 Ukrpatent are also accessible for free on the SIPS web-portal and the web-site of Ukrpatent.
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 (CD-ROM "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 the Client-Server technology. The structure of the TMAS database allows for storing all bibliographic data and provides extensive search facilities.
The TMAS information support is a set of system-oriented data representing the basic descriptions dictionary adopted by the system (classifiers, typical modes, elements of automation, document formats, etc.) and updated data on application information at all stages of the life cycle.
The TMAS is integrated with other internal computerized systems: the Central Electronic Documents Archive (CEDA), the Fees Accounting AS, the electronic filing system, Internet databases and information and reference systems, the document type classification and identification system.
All incoming documents are registered and entered into the electronic documents archive. Thus, the electronic archive contains all the application materials filed to Ukrpatent in electronic form ("the electronic application dossier'').
The system provides for the function of document routing and controls actions of the staff at all stages of documents creation and execution. All personnel actions are recorded in the system protocol. A document card contains complete information on an electronic document, including dates, resolutions, assigned persons and information on performed operations.
In 2015, system integration functions for general and technological document management systems were completed in the process of testing and trial operation of the general Electronic Document Management System in order to provide transport of documents from the general document management system to the TMAS.
The necessity for transporting such documents to the technological systems is determined at the stage of their processing.
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 the internal network. Availability of two firewalls increases the overall security.
The Cisco and HP equipment is used as network switches.
The internal network is divided into ten virtual networks (Vlan).
To provide Ukrpatent activities the network uses the following technical means:
- HP (DL380Gen8, DL380G7, DL380G5), Intel (SE7520JR2, SE7501WV2) servers;
- HP (3Par StoreServ 7200, MSA2040, 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 on Hyper-V Server 2012 R2 (Microsoft) and VMware ESXi;
- database management systems – MS SQL 2014, MS SQL 2008R2, MS SQL 2005.
Domain structure of the Active Directory (AD) was designed which allows for central managing of all the information resources, including users, computers, files, peripherals, access to services, network resources, websites, databases and etc.
Multiple domain controllers are used to organize the fault-tolerant domain structure.
The WSUS server provides updating of the servers and client computers operational systems.
The anti-virus server "Eset Endpoint Antivirus" provides centralized control of all anti-virus programs on the users computers, anti-virus databases updates, report generation on database updates and existing threats.
The Microsoft software product – System Center Data Protection Manager (DPM) – which provides continuous data protection for reliable recovery of Windows servers is used for data backup. The plan of all servers and services upgrading after a failure was adjusted.
Measures for the IT infrastructure improvement were aimed at building a fault-tolerant core of the computer network, increase of its capacity, security and manageability, replacement of obsolete hardware infrastructure components, consolidation and virtualization of servers. Virtualization servers are combined into clusters providing high availability of all systems.
Series of actions were introduced to ensure compliance of the IT infrastructure with requirements of the complex information security system. Security feature is enabled at the network switch ports, making it impossible to connect unauthorized devices to the corporate network. Changes are introduced to the password policy that meets safety requirements. Two-factor user authentication system was implemented and is based on hardware-software device for generation and verification of digital signatures. To manage network equipment, information storages and SAN switches a secure HTTPS protocol and the SSH application layer network protocol were introduced.
In general, the corporate network consists of 600 PCs, 30 physical and 40 virtual servers, 10 information storages and commutation equipment.
Connection to the Internet for search and view of information was implemented for information systems users.
Internal databases: coverage, updates, interlinks with external sources
Data from a number of sources (internal and external) are used while carrying out examination of mark applications. Data from external sources are automatically downloaded to the integrated search system.
TMAS Database
Replenished with information on 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.
Industrial Designs AS Database
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 the database of international industrial design registrations.
Database for Well-Known Marks in Ukraine
It is updated after publication of information on marks recognized as well-known.
Database for Qualified Designations of Origin of Products
Central Electronic Documents Archive Database
It provides for storage of documents and their attributes in electronic form.
Establishment and maintenance of electronic search file: file building, updating, storage, documents from other offices included in the search file
Information on the structure (content) of 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".
A unique integrated retrieval and search system is developed and put into operation at Ukrpatent for providing a unified access to different information sources which are used while carrying out examination of applications for marks for goods and services.
This retrieval and search system is based on three-tiered architecture which provides for separation of application level from data management. The logic of applications focused on separated software level is realized in the form of application server – a software product, which includes all necessary business logic algorithms. A complex of software tools ensures minimization of time for searching of relevant information and meeting of information requirements of examiners who carry out examination of trademark applications.
All necessary information for searching is stored in different databases, which contain information on:
- filed applications for trademarks and industrial designs;
- 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 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 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
Other activities
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.