Annual Technical Report 2007 on Trademark Information Activities submitted by Poland (SCIT/ATR/TM/2007/PL)
Where URLs are requested below, it is preferred that either URLs which are likely to remain stable over time (three years or more) are provided, or home (main) page URLs are provided with a short explanation of how to access the corresponding information.
I. Evolution of registration activities
Changes experienced in terms of application filings and registrations with respect to the previous year
The Industrial Property Law of 30 June 2000 which applies in the field of industrial property protection, was amended twice in 2007. The Act of 29 June 2007 amending the Industrial Property Law (Official Journal No. 89, item 540) :
-allowed possibility of online filings, specifying technical conditions of online filing and electronic correspondence;
-lessened legal requirements concerning change in the category of trademark (Art. 162 of Industrial Property Law).
Trends or areas experiencing rapid changes with respect to the previous year
In 2007, the Polish Patent Office received in total 20 640 trademark applications and notifications of international registrations designating Poland, including 15 051 applications filed under the national procedure and 5 589 notifications under the Madrid Agreement Concerning the International Registration of Marks and the Protocol to that Agreement. The number of applications and notifications in 2007 was slightly lower than in 2006 (of 4.6%).
In 2007, the Patent Office received from domestic applicants:
-375 requests for international registration of Polish trademarks under the Madrid Agreement and the Protocol to that Agreement (which is 18.4%less than in 2006). 300 requests were transmitted to the International Bureau of the World Intellectual Property Organisation (WIPO);
-44 requests for Community trademark, which were transmitted to the OHIM.
Examiners from the Patent Office carried out examinations and made decisions in 30 904 trademark cases, of which 24 961 - under the national procedure and 5 943 decisions concerning international registration. The number of trademark registration rights in force on 31 December 2007 was 103 417.
URLs of web pages of the Office’s website that provide statistics related to trademarks
Statistics related to trademarks are presented in the Annual Report of the Patent Office, at the following address:
Annual Reports: http://www.uprp.pl/Polski/Wydawnictwa/Raporty+Roczne.htm ; http://www.uprp.pl/English/About+the+Polish+Patent+Office/annual/default.htm
II. Matters concerning the generation, reproduction, and distribution of secondary sources of trademark information, i.e., trademark gazettes
Publishing, printing, copying techniques
The constantly modernized publication system enables production of the Office's publications on its own. The publishing process is based on the DTP system and covers preparation of data contained in the Office's databases, text editing in Ms Word programme and picture procesing in Adobe Photoshop CS. Final typesetting is made in InDesign 3.0 programme. Printing is performed on the offset machine and digital reproducer.
Main types of announcements of the Office in the field of trademark information
Information on filed trademark applications is published in the bi-weekly "Patent Office's Bulletin" (in 2007, there were 14 476 announcements) while information on rights of protection for trademarks is published in the monthly "Patent Office's Announcements" (in 2007, there were 15 722 announcements).
Mass storage media and microforms used
Information on trademarks is stored on papier carrier and machine-readable forms (discs, CD-ROM and DVD). In 2007, information was available:
1. For external users:
-on the premises of the PPO in the form of official bulletins on paper;
-in the PPO, for retrieval on the databases contained on CD-ROM (TRACES, DEMAS, CASSIS TRADEMARK ASSIGN, TRADEMARKS OF RUSSIA, WIPO);
-via the Internet, from 8 workstations installed in the Office's Library to perform retrieval from the PPO database containing the complete verbal and graphic data on all trademarks filed and protected in Poland as well as information service on trademarks designating Poland prepared on the basis of the data received from the WIPO;
- from the user's computer via the Internet;
2. For the Polish Patent Office examiners:
- databases: ROMARIN (WIPO), TULIPAN, WZOPRZEM, MADRID EXPRESS, ACSEPTO, MARPOL, MARMAD, CTM Online (OHIM), accessible on-line.
Word processing and office automation
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Techniques used for the generation of trademark information (printing, recording, photocomposing, etc.)
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URLs of web pages of the Office’s website that provide access to online trademark gazettes and to other sources of trademark information, including download of bulk trademark data
Annual Reports: http://www.uprp.pl/Polski/Wydawnictwa/Raporty+Roczne.htm ; http://www.uprp.pl/English/About+the+Polish+Patent+Office/annual/default.htm
III. Matters concerning classifying, reclassifying and indexing of trademark information
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 (please indicate whether goods and services for the registration of marks and whether the figurative elements of marks are classified by your Office and, if so, which classification(s) is (are) used)
The Polish Patent Office uses the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification) 9th edition as well as International Classification of the Figurative Elements of Marks (Vienna Classification) 5th edition.
During the procedure, the Office's staff amends the goods and services classes.
Application documents of national trademarks are scanned and indexed: Server AIX, application-IBM Content Manager.
Use of electronic classification systems to check the classification symbols furnished by an applicant and which are contained in the lists of goods and/or services
No electronic classification systems are used to check the classification symbols provided by the applicant.
Obligation for applicants to use pre-defined terms of the classification applied
Applicants should classify the goods and services properly. For figurative marks the PPO uses the Vienna Classification system.
Bibliographic data and processing
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IV. Trademark manual search file establishment and upkeep
File Building
Information on trademarks is kept and made available to search in a paper form and on CD-ROMs.
Updating
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Storage, including mass storage media
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Documentation from other offices maintained and/or considered part of the available search file
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V. Activities in the field of computerized trademark search systems
In-house systems (online/offline)
The Office has an internal retrieval system (TULIPAN) with access restricted to examiners.
The Office also uses variety of databases containing procedural information on newly filled trade marks, pending trademarks and registrations. The statutory searches cover Polish national marks, designations to Poland made through the Madrid Protocol, OHIM marks and designations to OHIM made through the Madrid Protocol. Data is stored in XML format. The access is carried out via browsers.
The Office uses the ACSEPTO system - a tool that integrates many types of IT tools to conduct searches of trademarks.
Commercial search services are offered by Austrian Patent Office and Hungarian Patent Office through the CETMOS Project (details at http://www.cetmos.eu/ ), for which the Patent Office of the Republic of Poland prepares search reports, and by OHIM through the CTM Search Report System.
External databases
The Office's website offers facilities for accessing Polish trademarks and designations to Poland made through the Madrid Protocol. Functionality is offered to customers to receive periodic information, information on procedure and fees and procedural information from the PPO's data bases. Links to statutory searches within procedure data bases including ROMARIN (WIPO), CTM Online (OHIM) and the INN - WHO among others are provided.
Administrative management systems (e.g., register, legal status, statistics and administrative support)
Systems (MARPOL, MARMAD) based on the IBM DB2 and Java technology which provide administration of bibliographic data of national and international trade marks in the whole procedure.
Equipment used (hardware, including the types of terminal and network used, and software), carriers used
The PPO workstations infrastructure combines around 4 different types of workstations configured specially to meet EPO applications requirements. All of those workstations (approximately 580 PCs) are secured by McAfee antivirus and antispam system. All network connections are based on CISCO and Alcatel equipment with 10Mb access to the Internet. Server infrastructure for the On-line Portal includes 9 application servers; 5 database servers; 10 TB build-up array; back-ups for Tivoli Storage Management, Fujitsu FI-5900C scanner, 125 packages for the purposes of qualified signatures. On-Line Portal servers are supported by local UPSes and they are also hooked to Main power supply unit for the PPO. Back office hardware located in secured/zoned Data Centre with fire alarm and CTV system, redundant air-conditioning and technical floor.
Most of workstations run under Windows 2000, and server's operational systems are Microsoft Windows Server 2003 and SUSE Linux Enterprise Server 10. The SAN mass memory network was configured in order to make matrices available to the computing systems.
VI. Administration of trademark information products and services available to the public (relating to facilities, e.g., for lodging applications, registering trademarks, assisting clients with search procedures, obtaining official publications and registry extracts)
The PPO's registry extracts are available to every person who applies for such a registry and pays the appropriate fee.
As for official publications containing trademark information , they are available in the Office's library and the Internet:
-in "Wiadomosci Urzedu Patentowego" ("Patent Office's Announcements")
-in "Biuletyn Urzedu Patentowego" ("Patent Office's Bulletin")
The PPO database was rendered accessible for the outside users from 8 workstations installed in the Office's library to perform retrieval. This databse is accesible from the user's computer via the Internet.
Trademark information services for users were performed by the Information Unit of the Office and in the library where customers may obtain help within the retrieval and searching procedures.
Excerpts, duplicates and certificates officially confirming the specified entries in the trademark register were delivered under payment on user's request.
Planning, administration, automation, security
Introduction of modern trademark examination systems.
Information services available to the public (including computerized services and search files contained in libraries remote from your Office and trademark information posted by your Office on the World Wide Web)
Information on trademarks is available in the 27 PATLIB centres in the form of CD-ROMS, DVDs, internet databases and printed bulletins.
URLs of web pages of the Office's website for electronic filing of trademark applications
Filing with the PPO:
National Procedure:
http://www.uprp.pl/Polski/Procedura+krajowa/
International Procedure:
http://www.uprp.pl/Polski/Procedura+miedzynarodowa/
Forms (including those for electronic filing):
http://www.uprp.pl/Polski/Procedura+krajowa/Formularze/Formularze.htm
Databases:
Polish:
http://www.uprp.pl/patentwebaccess/databasechoose.aspx?language=polski
English:
http://www.uprp.pl/patentwebaccess/databasechoose.aspx?language=english
Procedures before the PPO - Basic Information:
http://www.uprp.pl/Polski/Informacje+o+UPRP/Podstawowe+informacje+i+poradniki/
http://www.uprp.pl/English/About+the+Polish+Patent+Office/Basic+information/
URLs of web pages of the Office’s website that provide information on business procedures such as: filing, publication, examination and registration procedures related to trademarks; opposition and appeal procedures related to trademarks; etc.
see above
URLs of web pages of the Office’s website that provide a description of information products and services offered by the Office (e.g., trademark search service(s) and trademark databases), as well as information on how to access and utilize them
see above
VII. Matters concerning mutual exchange of trademark documentation and information
International or regional cooperation in the exchange of trademark information, e.g., in the form of official gazettes
In 2007, PPO received official bulletins containing among others data on trademarks from 27 countries, OHIM and WIPO.
The PPO received 52 numbers (350 booklets) of Gazette OMPI (WIPO) des Marques Internationales free of charge.
In 2007, the exchange of trademark documentation and information with foreign patent offices was continued. The PPO sent abroad:
-to 35 countries, 400 copies of "Patent Office's Announcements"
-to 16 countries, 416 copies of "The Patent Office's Bulletin"
Exchange of machine-readable information
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VIII. Matters concerning education and training, including technical assistance to developing countries (please indicate URLs of web pages of the Office’s website wherever appropriate)
Promotional activities (seminars, exhibitions, visits, advertising, etc.)
In 2007, within industrial property protection the PPO organised or participated in the following events:
-Conference "Towards Innovation-Oriented Economy" organized in Warsaw by the Patent Office in cooperation with Polish Agency for Enterprise;
-Development and Ministry of Science and Higher Education;
-International Innovation Fair WIPRO 2007 Knowledge-Innovation-Development, organized in the University of Technology and Life Sciences in Bydgoszcz (participation of the PPO in the seminars and organisation of promotional stand);
-Conference on "Disseminating IP Knowledge in Universities" organized in the Senate by the Polish Patent Office and the European Patent Academy
-Annual "Scientific Picnic" of the Bis Radio in Warsaw (promotional stand);
-International Fairs in Poznan (promotional stand);
-Conference on "The EU Systems of Industrial Property Protection" in Sandomierz, organized by the Patent Office within the EU twinning program Transition Facility "Strengthening the protection of intellectual and industrial property rights" and with the co-operation of the Ministry of Agriculture and Rural Development;
-International Symposium in Krakow on "Industrial Property in Innovative Economy - Technology Transfer from Universities to Industry" co-organized by the Patent Office, European Patent Office, Krakow University of Technology and Jagiellonian University;
-Industrial Technology, Science and Innovation Fair in Gdansk (promotional stand);
-7th National Educational Forum for Small and Medium-sized Enterprises in Warsaw organized by the Polish Agency for Enterprise Development (promotional stand);
-Ceremony of prize award in the jubilee 5th edition of the competition for the best artistic poster as well as postdoctoral, doctoral, master's and student's theses on the subject of industrial property organized by the Patent Office
Additionally, a series of posters and information boards were designed and published for the fairs and exhibitions.
Training courses for national and foreign participants
Within the twinning programme project with the Danish Patent Office "Enforcement of the protection of industrial and intellectual property rights" a series of seminars and workshops were conducted from February to September 2007. In cooperation with patent information centres in 9 provinces, the workshops were conducted in the following locations:
-Conference Centre of the University of Technology in Poznan
-University of Zielona Gora
-Regional Centre of Patent Information at the Chief Institute of Mining in Katowice
-University of Technology in Gdansk
-Nicolaus Copernicus University in Torun
-Univeristy of Technology in Wroclaw
-University of Technology in Kielce
-University of Science and Technology in Krakow
-University of Technology in Rzeszow
Every year Polish Patent Office organises trainings to raise professional skills of its staff.
In 2007, after completing two year training, 12 Office's employees obtained examiner's qualifications and 16 employees who completed their training and passed the qualifying examinations obtained assistant expert's qualifications.
Additionally, language courses for PPO employees (languages: English, French, German, Spanish)were organised.
Within the framework of the traning program for assistant experts, and for newly recruited civil service members, 12 lectures were given on industrial property law and responsibilities of the PPO for 70 participants.
Moreover, staff members benefited from many specialist training courses organised by professional educational centres such as: National School of Public Administration, Foundation in Support of Local Democracy, Mazovian Voivodeship Centre for Personel Training. The subject matter of the trainings included the issues of public procurement, management, finances, structural funds, information technologies and labour law.
Assistance to developing countries (sending consultants and experts, receiving trainees from developing countries, etc.)
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IX. Other general information related to the Office that is available on the Internet -- URLs of web pages of the Office’s website that:
provide information on legislation related to trademarks
Legislation: http://www.uprp.pl/Polski/Akty+prawne/ ; http://www.uprp.pl/English/Law/
contain the Annual Report of the Office
Annual Reports: http://www.uprp.pl/Polski/Wydawnictwa/Raporty+Roczne.htm ; http://www.uprp.pl/English/About+the+Polish+Patent+Office/annual/default.htm
if necessary, provide further information related to the topics referred to in the current ATR
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provide open source codes related to trademark information systems
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contain trademark-related news regarding the Office
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