Annual Technical Report 2010 on Trademark Information Activities submitted by Ukraine (CWS/ATR/TM/2010/UA)
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
Statistical evolution concerning:
Applications filed (national route):
in 2009 – 17866, in 2010 – 20603, i.e. 15,3% increase with respect to the previous year.
Registered (national route):
in 2009 – 15137, in 2010 – 16686, i.e. 10,2% increase with respect to the previous year.
Trends or areas experiencing rapid changes with respect to the previous year
In 2010, the highest percentage of applications were filed according to the following classes of the Nice Classification:
Class 35 “Advertising; business management…” (17,1%); Class 05 “Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes…” (7,8%); Class 41 “Education; providing of training; entertainment (6,1%); Class 33 “Alcoholic beverages (except beers)” (5,6%); Class 30 “Coffee, tea, cocoa, sugar, rice...” (4,9%); Class 16 “Paper, cardboard and goods made from these materials...” (3,9%).
URLs of web pages of the Office’s website that provide statistics related to trademarks
http://www.sdip.gov.ua/ua/plans_reports.html
http://www.sdip.gov.ua/en/plans_reports.html
http://www.ukrpatent.org/ua/statistics.html
http://www.ukrpatent.org/en/statistics.html
II. Matters concerning the generation, reproduction, and distribution of secondary sources of trademark information, i.e., trademark gazettes
Main types of announcements of the Office in the field of trademark information
Information concerning marks for goods and services is published in the Official Bulletin “Promyslova Vlasnist” (“Industrial Property”) in the following sections of its Book 2: “Information about the Issue of Certificates of Ukraine for Marks for Goods and Services”, “Information about Well-Known Marks in Ukraine”, “Information about the Marks Registered According to the Madrid Agreement on the International Registration of Marks and/or the Protocol to the Madrid Agreement on the International Registration of Marks which were Granted Protection in Ukraine”, “Colour Representations of Marks for Goods and Services”, in the Indexes to each section and the “Notifications” section.
The Official Bulletin “Promyslova Vlasnist” was issued both on paper and electronic carriers with the same frequency – twice a month.
Besides, information about marks for goods and services is also available on the national CD-ROM “Marks for Goods and Services Registered in Ukraine”. In 2010 it was delivered to 39 organizations of Ukraine on subscription and to Rospatent (the Russian Patent Office) in the framework of international exchange.
A cumulative optical DVD “Marks for Goods and Services Registered in Ukraine” is also issued by the State Enterprise “Ukrainian Industrial Property Institute” (the Institute). It contains information about all the registrations of marks for goods and services recorded in Ukraine since January 1993 to the completion of the current registration.
The official web-portal of the State Department of Intellectual Property (the State Department) (http://www.sdip.gov.ua) and the web-site of the Institute (http://www.ukrpatent.org) contain a number of interactive databases (DB) and information and reference systems (IRS) on marks for goods and services free accessible via the Internet:
- DBs: “Electronic Version of the Cumulative Official Bulletin “Promyslova Vlasnist”; “Marks for Goods and Services Registered in Ukraine”; "Information about International Registration of Marks Legally Protected in Ukraine"; “Information about Well-Known Marks in Ukraine”, "Information about Marks for Goods and Services the Certificates for Which Have Lost Effect or Have Been Invalidated"; “Information about Court Decisions on Cases Concerning Industrial Property Rights”;
- IRSs: "Information about the Processing State of Applications for Marks for Goods and Services", “International Classification of Goods and Services for the Purposes of the Registration of Marks (the Nice Classification). Ninth Edition. Second, amended, edition”, "International Classification of the Figurative Elements of Marks (The Vienna Classification). Sixth Edition".
Information concerning marks for goods and services is published in the following scope: bibliographic data, images of marks, indexes and notifications. Notifications contain information about the legal status of marks, transfer of rights and licence contracts, change of name, title and/or address.
Mass storage media and microforms used
Mass storage media for information about marks for goods and services in the Institute are the servers of electronic databases. To ensure safe storage of backup copies, a scaled highly productive data storage system NAS (Network Attached Storage) was built in the Institute. Information is stored on disc RAID-arrays (Storage). Backup copies of data on DVDs and magnetic tapes are produced for long-term storage.
Word processing and office automation
The whole set of operations connected with text processing and automation of processing applications for marks for goods and services was carried out by the tools of the “Marks for Goods and Services” automated system (AS).
Within the “Marks for Goods and Services” AS a software subsystem for automatic comparison of arbitrary lists of goods and services, specified according to the International Classification of Goods and Services in filed application and in previous application for the same mark for which the right of priority is valid, is in operation.
Techniques used for the generation of trademark information (printing, recording, photocomposing, etc.)
The information arrays for publication are formed by a specialized workstation at the Editorial Division of the Institute. The prepared layout of the publication is forwarded to the printing office for replication.
Special software was used for preparation of the data arrays and their recording on optical discs. Optical disks are formed with use of the EPO mixed mode authoring software MIMOSA.
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
The on-line publications on marks for goods and services are free accessible from the web pages of the web-portal of the State Department and the web-site of the Institute:
http://www.ukrpatent.org/ua/bases2.html
http://www.ukrpatent.org/en/bases.html
http://www.sdip.gov.ua/ua/info_resurses.html
III. Matters concerning classifying, reclassifying and indexing of trademark information
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
In 2010 the Ukrainian-language version of the Nice Classification (9th edition) was used for classifying marks for goods and services. The Ukrainian-language version of the Vienna Classification (6th edition) was used for classifying the figurative elements of marks.
Within the “Marks for Goods and Services” AS a software system for checking the classification symbols is in operation. The system includes reference lists of the classification schemes and specialized software for checking the classification symbols.
The 6th edition of the Vienna Classification and the second, amended, edition of the 9th edition of the Ukrainian-language International Classification of Goods and Services for the Purposes of the Registration of Marks are in operation in the environment of the “Marks for Goods and Services” AS.
Bibliographic data and processing
During the input into the technological database the bibliographical data is processed by the software tools. The database structure allows storage of all bibliographical data and provides extensive search possibilities.
IV. Trademark manual search file establishment and upkeep
Documentation from other offices maintained and/or considered part of the available search file
The search file for marks for goods and services as defined by the order of the State Department, comprises, among other sources, the database of the “Marks for Goods and Services” AS, the ROMARIN database of the international registrations on CD-ROM, the International Classifications and the established list of reference information sources.
V. Activities in the field of computerized trademark search systems
In-house systems (online/offline)
The in-house computerized search systems for marks are the search systems of the “Marks for Goods and Services” AS, the “Incoming Applications Register”, the centralized database “International Marks Received from the WIPO International Bureau”, the “Indicators” AS.
To ensure possibility to carry out search in the database of international registrations, the search system of the "Marks for Goods and Services" AS was upgraded in 2010. Loading of data with information on batch processing of international registrations of marks data updates was performed in the ROMARIN format.
External databases
The external free trademark DBs and IRSs comprise:
- DB “Marks for Goods and Services Registered in Ukraine”;
- DB “Information about Well-Known Marks in Ukraine”;
- DB “Information about International Registration of Marks Legally Protected in Ukraine”;
- DB “Information about the Marks for Goods and Services the Certificates for which Have Lost Effect or Have Been Invalidated”;
- DB “Information about Court Decisions on Cases Concerning Industrial Property Rights”;
- IRS “Information about the Processing State of Applications for Marks for Goods and Services”;
- IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (the Nice Classification). Ninth Edition. Second, Amended Edition”;
- IRS "International Classification of the Figurative Elements of Marks (the Vienna Classification). Sixth Edition".
The mentioned DBs and IRSs are connected to the Internet.
Equipment used (hardware, including the types of terminal and network used, and software), carriers used
The “Marks for Goods and Services” AS functions in the environment of the local computer network operated by OS Windows 2003 server.
The AS software is designed according to the Client-Server technology and placed on Compaq ProLiant ML570 server (4x900Mhz, Xeon, 8Gb RAM). The DBMS is MS SQL Server Standard Edition 2005. To ensure reliability and a high level of availability, data replication on the server with similar parameters is executed.
The means of mass storage of data on marks for goods and services used in the Institute are the servers of the electronic databases, Storage Area Network disc data storage systems, optical DVDs and magnetic tapes.
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)
Collection management, preservation
In the Public Patent Documentation Collection (PPDC) the users had access to information about marks published in the Official Bulletin “Promyslova Vlasnist” (Book 2) and the Official Bulletins of 43 foreign countries and international organizations.
The management of the contents, coverage and structure of the document collection was carried out with the due consideration of the users’ needs.
During the previous years (including 2010) a large-scale replacement of the information collection hardware by up-to-date computer equipment suitable for operating with the sophisticated software used by patent offices of different countries on CD-ROM and DVD was implemented. The information was transferred from discs and accumulated on the network management server, which significantly accelerated the searching speed.
Great attention was paid to the popularization of the collection: a digest of annotations of publications on topical issues of intellectual property rights protection in our country and abroad was published. Publications of prominent specialists from various patent offices – books and magazine articles received to update the collection – were annotated.
With the aim to preserve the collection, modern technologies of protecting library holdings from theft, damage etc. are used. Video surveillance, ventilation and air conditioning is continuously in operation, fire safety (fire alarm, fire notification, fire fighting) is ensured.
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)
The information services are made available for the general public from the following DBs:
- DB “Marks for Goods and Services Registered in Ukraine”;
- DB “Information about Well-Known Marks in Ukraine”;
- DB “Information about International Registration of Marks Legally Protected in Ukraine”;
- DB “Information about Marks for Goods and Services the Certificates for Which Have Lost Effect or Have Been Invalidated”;
- DB “Information about Court Decisions on Cases Concerning Industrial Property Rights”.
The following IRSs are also operative:
- ІRS "Information about the Processing State of Applications for Marks for Goods and Services";
- IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (the Nice Classification). Ninth Edition. Second, Amended Edition";
- IRS "International Classification of the Figurative Elements of Marks (Vienna Classification). Sixth Edition".
All the DBs and IRSs are accessible free of charge.
The above-mentioned information resources can be found at the following addresses:
http://www.sdip.gov.ua/ua/systems.html
http://www.sdip.gov.ua/en/publicom_baza.html
http://www.ukrpatent.org/ua/bases2.html
http://www.ukrpatent.org/en/bases.html
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.
http://www.ukrpatent.org/ua/signs.html;
http://www.ukrpatent.org/ua/acts.html
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
http://www.ukrpatent.org/ua/publications.html
http://www.ukrpatent.org/en/publications.html
http://www.ukrpatent.org/ua/perelik.html
http://www.ukrpatent.org/en/perelik.html
http://www.ukrpatent.org/ua/bases2.html
http://www.ukrpatent.org/en/bases.html
http://www.ip-centr.kiev.ua
VII. Matters concerning mutual exchange of trademark documentation and information
Exchange of machine-readable information
In 2010, in the framework of international exchange, the Official Bulletins containing trademark information from 19 foreign IP offices and organizations and the CD “Trademarks of Russia” were received. Our exchange partners were supplied with the Official Bulletin “Promyslova Vlasnist” on DVD and Rospatent was also supplied with the national CD “Marks for Goods and Services Registered in Ukraine”. Since 2010 receipt of the TRACES CD-ROM containing information about the marks registered in the countries of the Central and Eastern Europe was ceased, as from now on information will be provided only in the Internet.
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)
Assistance to developing countries (sending consultants and experts, receiving trainees from developing countries, etc.)
In the reporting year the State Department within its competence, made efforts to development and further improvement of the personnel training and skill upgrading system in the sphere of intellectual property
In 2010, pursuant to the order of the Ministry of Education and Science of Ukraine, the state higher educational institution “The State Institute of Intellectual Property” was reorganized into the Intellectual Property Institute of the National University «Odessa Law Academy» in Kyiv (the Institute). It made possible for the first time in the higher educational system of Ukraine to start training of the Bachelors of Law and Masters of Law, educational and professional training programs of which stipulate the specialization in the intellectual property right.
In order to upgrade knowledge in the intellectual property field, the speciality “Intellectual Property” was taught in 2009/2010 academic year in 145 higher educational institutions of Ukraine of the III-IV accreditation level. Over 120 thousand students studied by Master and Specialist educational and professional programs. Duration of the course in the majority of higher educational institutions was 54 hours.
As on 01.10.2010, the license for educational activities related to training and retraining of professionals specializing in the specialty «Intellectual Property» of the Specialist and Master education and qualification degree was issued by the Ministry of Education and Science of Ukraine to 15 higher educational institutions.
Licenses for the right of realization of the educational activity at the level of qualifying requirements concerning improvement of qualification of specialists in the sphere of intellectual property (in total 550 persons per year) were granted to two educational institutions – the Institute (250 persons) and the Interbranch Institute for Postgraduate Education at the National Technical University “Kharkiv Polytechnic Institute" (300 persons).
Just these two educational institutions also received in 2010 the right for carrying out educational activities in training foreign citizens in the speciality “Intellectual Property” in the educational qualification level master's degree (in total 55 persons).
Altogether, in the reporting year, the state higher educational institutions trained 520 specialists in the sphere of intellectual property, 180 of which (35 %) were graduates of the Institute (49 masters and 131 specialists).
As in the previous years, the State Department together with the Institute paid special attention to the training of intellectual property specialists for various fields of activities, in particular:
• for the executive bodies and the judicial power authorities – 61 person graduated the Institute, among which employees of the State Intellectual Property Service of Ukraine, Ministry of Internal Affairs of Ukraine, Security Service of Ukraine, National Security and Defence Council of Ukraine, State Custom Service of Ukraine, judges etc
• for manufacture, business, innovative, scientific and scientific and technical activity - 7 professional appraisers of intellectual property rights as well as 15 intellectual property representatives (patent attorneys) were trained; 20 employees of the regional centers of innovational development (candidates in technological brokers) improved qualification in technology transfer.
In the reporting year the Institute continued to support the distance learning programme of the WIPO Academy course DL-101 “General Course on Intellectual Property” (Ukrainian-language modules).
In July of the reporting year, the Second Summer School on intellectual property issues was successfully held in Odessa on the basis of the Odessa National Academy of Law. Its aim was to provide opportunity for senior students and young professionals to improve their knowledge in the field of intellectual property, to estimate intellectual property as the tool of economic, social, cultural and technological development of the society. Ukraine became the first country in the CIS where this important mission is realized. This year representatives of Bulgaria, India, Italy, Latvia, Nigeria, Turkey, Azerbaijan, Sweden and Ukraine took part in the work of the Summer School.
Within the framework of experience exchange, training and improvement of qualification of specialists, the representatives of the State Department and the Institute took part in the curriculums and actions organized by the patent offices of the world, in particular, in the curriculum of the USA World academy of intellectual property on patents and trade marks, in the European patent academy trainings.
In 2010, the State Department organized and held 6 conferences, among them 3 international ones, and 24 specialized seminars, including 13 regional events on the current problems related to the acquisition, exploitation and enforcement of IP rights.
In particular, on April 20, 2010 within the framework of the 10th anniversary of the World Intellectual Property Day celebration and the 40th anniversary of the entry into force of the Convention establishing the World Intellectual Property Organization (WIPO Convention), grand actions on the subject «Innovation – Linking the World» were held.
The important representative and useful forums for discussion the scientific, methodological and practical issues in the field of intellectual property are the international scientific and practical conferences which are traditionally held in Ukraine twice a year (in winter in Svaliava, Zakarpatye region and in summer in Yalta, Autonomous Republic of Crimea).
The XV International conference “Actual Problems of Intellectual Property” organized by the State Department together with WIPO and the EPO was held from February 22 to 26, 2010. The main subject of the conference was the strategy of the development of the State system of intellectual property rights protection which alongside with other important development directions included information support and economic policy of intellectual property, use and legal protection of geographical indications.
Over 150 participants from the Republic of Kazakhstan, the Russian Federation, Republic of Moldova, Germany, Switzerland, Romania, Spain, Republic of Armenia, Great Britain and representatives of international organizations - WIPO and the EPO participated in the conference.
From September, 6 to September, 10 the State Department together with WIPO, the EPO, the Council of Ministers of the Autonomous Republic of Crimea, the Ministry of Education and Science of Ukraine, the Ministry of Internal Affairs and other governmental organizations of Ukraine organised and held the XVI International Scientific and Practical Conference “Actual Problems of Intellectual Property” in Yalta, Autonomous Republic of Crimea. This remarkable forum was represented by specialists and managers in the field of intellectual property from Ukraine, Bulgaria, Belarus, Great Britain, Georgia, Kazakhstan, Israel, Macedonia, Republic of Moldova, Germany, Poland, Russian Federation, Slovenia, Romania, United States of America, Uzbekistan and Switzerland, as well as WIPO, the EPO – about 200 participants.
The issues under discussion included the current status, problems and prospects of the development of the State system of intellectual property rights protection in Ukraine; improvement of the legal regulation in this sphere; methodology and practical aspects of examination of applications for industrial property rights, the patent information support and automation of the examination body operation; marks for goods and services: development of the legislation and rights legal protection; use of intellectual property rights, etc.
In addition to the plenary sessions, seven sections actively worked. Two-day inter-regional meeting of the experts under the aegis of WIPO on national branding in transition countries took place, and a round table, at which there were discussions on the recommendations prepared and presented by the Supreme Economic Court of Ukraine on court practice disputes related to the protection of intellectual property rights, was also held.
Among other conferences and seminars, organized and held by the State Department, special attention is deserved to the following:
- The X all-Ukrainian Scientific and Practical Conference «Problems of Training of Intellectual Property Specialists, Research-and-Information and Innovation Activities in Ukraine». 93 persons from all over Ukraine – representatives of 51 higher educational institutions of Ukraine – took part in the conference.
- The Scientific and Practical Conference «The Inventive Activity is a Basis of the State Development” devoted to the Inventor and Innovator Day, which was organized by the State Department together with the National Technical University of Ukraine “Kyiv Polytechnic Institute”.
- A number of regional scientific and practical seminars on the topic: «Acquisition, Exercise and Enforcement of Intellectual Property Rights of Union of European Football Associations (UEFA) and Its Commercial Partners» which were held within the framework of the State civil program on the preparation and conducting of the Final Part of the European Football Championship 2012 in Ukraine.
The State Department, the Institute and the Institute’s branch “Ukrainian Centre of Innovatics and Patent Information Services” were co-organizers or participants of other actions, in particular:
- The VI International Show of Inventions and New Technologies “New Time” (“Noviy Chas”) which took place on September 23-25 in Sevastopol (Autonomous Republic of Crimea) and was devoted to the Inventor and Innovator Day. More than 350 (one-third of them - young people) representatives of inventive, innovative and scientific organizations from 28 countries, including Belgium, Iran, Kazakhstan, Lithuania, Republic of Moldova, Poland, Russian Federation, Romania, Ukraine and Estonia took part in the work of the VI International Show;
- The all-Ukrainian scientific and technical exhibition of the youth innovation and creative project "The Future of Ukraine";
- The theme exhibition "Investment and Innovation Projects” which was held at the Government House, where intellectual achievements were presented by the regional investment and development centres and technology parks. Participants of the event were, in particular, representatives of the Cabinet of Ministers of Ukraine, the State Committee of Ukraine on Science, Innovation and Information and the State Agency of Ukraine for Investments and Development.
Various meetings, conferences, press-conferences of the State Department executives with participation of the leading information agencies, and round tables, in particular relating to the following topics: “Trademarks in the National and International Procedure”, “Judicial Practice in Disputes for Invalidation of Trademark Certificates” were regularly held during the last year.
Detailed information about all events on education and training, seminars, exhibitions, visits, promotion of creative activities etc. can be found in the relevant section of the Annual Report - 2010 of the State Department at its web-portal:
http://www.sdip.gov.ua/ua/year_reports.html
http://www.sdip.gov.ua/en/year_reports.html
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
http://www.sdip.gov.ua/en/laws_special_3
http://www.sdip.gov.ua/ua/normative_acts.html
http://www.ukrpatent.org/en/legistation.html
http://www.ukrpatent.org/ua/legistation.html
contain the Annual Report of the Office
http://www.sdip.gov.ua/ua/year_reports.html
http://www.sdip.gov.ua/en/year_reports.html
Publication of the Annual Technical Reports on trademark information activities is also carried out on the web-portal of the State Department beginning from ATR-2008:
http://www.sdip.gov.ua/ua/plans_reports.html
http://www.sdip.gov.ua/en/plans_reports.html
contain trademark-related news regarding the Office
The above-mentioned information can be found on the web-sites at:
http://www.sdip.gov.ua/index.html
http://www.ukrpatent.org
http://www.ip-centr.kiev.ua