Annual Technical Report 2004 on Trademark Information Activities submitted by Ukraine (SCIT/ATR/TM/2004/UA)
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I. Evolution of registration activities
Changes experienced in terms of application filings and registrations (according to the national procedure) with respect to the previous year:
in 2003 – 13,772, in 2004 – 13,960, i.e. 1% more than the previous year.
in 2003 – 7,706, in 2004 – 9,383, 22% increase.
Trends or areas experiencing rapid changes with respect to the previous year (after the Nice classification): Class 35 (Advertising; business management…) – 17,5%; Class 05 (Pharmaceutical, veterinary and sanitary preparations) – 5,1%, Class 16 (Paper, cardboard and goods made from these materials…) – 5%.
II. Matters concerning the generation, reproduction, and distribution of secondary sources of trademark information, i.e., trademark gazettes
Information concerning the issue of Ukrainian certificates for the registered marks for goods and services (bibliographic data of the registered marks with the INID codes, graphic images) is published in the corresponding part of the official bulletin “Promyslova Vlasnist” (“Industrial Property”). Beginning with issue No.7/2003 the official bulletin “Promyslova Vlasnist” includes the part “Information on the validity in the territory of Ukraine of the marks for goods and services registered under the Madrid Agreement Concerning the International Registration of Marks”.
In every issue of the “Promyslova Vlasnist” bulletin the current classification and numerical indexes of marks for goods and services are published. Besides the above-mentioned, the Annual Index to the official bulletin also comprises the numerical index of applications and the name index of trademark owners.
In the year 2004 activities on the creation of the electronic official bulletin “Promyslova Vlasnist” on CD-ROM were carried out.
During 2004 the official bulletin “Promyslova Vlasnist” was delivered free of charge to the State Scientific and Technical Library, the Ukrainian Institute of Scientific, Technical and Economic Information and 22 Scientific, Technical and Economic Information Centres in different regions of Ukraine. This publication was also disseminated by means of subscription.
The technology and software tool for preparing and producing of CD-ROM “Marks for Goods and Services Registered in Ukraine” was created in 2004.
In 2004 the publication of the scientific and practical periodical “Intelektualna Vlasnist”(“Intellectual Property”) continued. Therein theoretical and practical issues of the legal protection of intellectual property were elucidated, the official information, normative documents and comments on them, advices of experts were placed. The periodical is published in Ukrainian and its contents and annotations of the articles (starting with issue No.12/2003) – also in Russian and English. Since then, the information on the news, the content, the articles and other useful and interesting materials concerning the national system of intellectual property protection placed on the pages of the scientific and practical journal “Intellectual Property”, as well as information on the activities of its editor’s, are available from the own website of the journal at the following address: www.intelvlas.com.ua
A notification on the sources of information on marks for goods and services available in Ukraine was published in the separate section “Information Resources” of the website of the State Department of Intellectual Property (www.sdip.gov.ua), where the legislative base, statistics and reports, notification on the information resources on paper and electronic carriers, reference information on training, seminars and conferences are presented.
III. Matters concerning classifying, reclassifying and indexing of trademark information
In 2004 the Ukrainian language version of the 8th edition of the International Classification of Goods and Services for the Purpose of Registration of Marks (the Nice Classification) was used for the classification of marks. For indication of goods and services applicants are required to use the pre-defined terms, which are used in the Nice Classification (the 8th edition).
IV. Trademark manual search file establishment and upkeep
The trademark search file is composed of the “Znaky dla Tovariv i Poslug” (“Marks for Goods and Services”) automated system database and the ROMARIN international registration automated system database on CD-ROM, which is produced by the International Bureau of the World Intellectual Property Organization (WIPO).
V. Activities in the field of computerized trademark search systems
In April 2004 the centralized application registration technology for industrial property rights, including applications for the marks for goods and services, was put in operation at the examination body – the State Enterprise “Ukrainian Industrial Property Institute” (Ukrpatent).
During the year under review the works on improvement of the search systems were carried out. The internal computerized search systems for the marks for goods and services comprise the search system of the automated system “Znaky dla Tovariv i Poslug” (“Marks for Goods and Services”), “Register of Filed Applications”, the centralized database “International Trademarks that were received from International Bureau of WIPO”, AS “Indicators”.
In 2004 improvement of software of the AS “Znaky dla Tovariv i Poslug” (“Marks for Goods and Services”) was performed for the carrying out of automatic formation and printing of the output documents at the stage of allocation of the filing dates of the applications for marks for goods and services.
During the year 2004 the “Marks for Goods and Services” automated system database was replenished with the data of 13,958 applications and by December 31, 2004 comprised data of 92,434 applications for marks for goods and services.
The program system of verification of classification symbols is in operation within the automated system “Marks for Goods and Services”. The system includes reference lists with the classification system of the Locarno Classification and a special software for performing the functions of verification of the classification symbols.
The technology and software tool for the electronic publication and production of the official bulletin “Promyslova Vlasnist” on CD-ROM with a search system was elaborated in 2004.
The external database “Trademarks and Service Marks Registered in Ukraine” and information and reference system “Information on the Processing of Applications for Marks for Goods and Services” were put into operation in 2004. The said systems are connected to the Internet and, due to that, beginning from April 2004 users had the opportunity to search the necessary information.
VI. Administration of trademark 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)
In the Public Fund of Patent Documentation (the patent library available to the public) visitors were able to use the “Promyslova Vlasnist” official bulletin, as well as the official bulletins of 43 foreign industrial property offices, which contain announcements on trademarks on paper carriers or on CD-ROM, the WIPO bulletin “WIPO Gazette of International Marks” (on paper carriers and on CD-ROM), DEMAS CD-ROM containing information about German marks for goods and services and the Russian CD-ROM product “Trademarks of Russia”.
The Ukrainian language version of the eighth edition of the Nice Classification on paper carriers, as well as on CD-ROM, is used.
Extracts from the Ukrainian State Register of Certificates for Marks for Goods and Services were issued on request.
VII. Matters concerning mutual exchange of trademark documentation and information
In the framework of international exchange the official bulletins containing trademark information from 34 foreign industrial property offices were received. Besides, WIPO sent its bulletin “WIPO Gazette of International Marks” on paper carriers and on CD-ROM, as well as the publications of international marks on CD-ROM “ROMARIN”; the German Patent and Trademark Office provided, in addition to its bulletin, its CD-ROM product “DEMAS” and Rospatent – its CD-ROM “Trademarks of Russia”. The Offices that are our exchange partners received the “Promyslova Vlasnist” official bulletin containing publications on marks for goods and services registered in Ukraine.
Within the framework of international cooperation CD-ROM NIVILO:CLASS, containing the texts of the 8th edition of the Nice and Locarno Classifications, as well as of the 5th edition of the Vienna Classification, was received from WIPO.
VIII. Matters concerning education and training including technical assistance to developing countries
One of the tasks of the State Department is the coordination of activities concerning the development, improvement and functioning of the system for training of intellectual property specialists in Ukraine. At present 16 institutions of higher education in Ukraine hold a licence for specialist’s and master’s degree training in the field of intellectual property with the total licence capacity of about 1,100 persons per year. In order to improve the system of higher educational institutions, which implement educational-professional and professional programs of training, improvement and upgrading of qualification in the sphere of intellectual property, the State Department has initiated the creation of the educational scientific and production complex “Academy of Intellectual Property”. The Complex is defined as the leading institution in training, improvement and upgrading of qualification of experts in the sphere of intellectual property. The Institute of Intellectual Property and Law (IIPL) which is the main institution for training and raising the skill level of the professionals in the field of intellectual property and the lecturers, and also for developing curriculums, training programs and teaching and methodical literature, in particular, in the subject “Intellectual property basics” for secondary education institutions is charged with the function of the coordination of research, teaching and educational activities of the Complex.
In order to establish a system of continuous education and increasing awareness of the public in the sphere of intellectual property, IIPL developed an Internet-platform for distance learning under the WIPO World Wide Academy DL-101 “General Course on Intellectual Property”.
In 2004 the State Department organized and held in cooperation with Ukrpatent 16 conferences and seminars on the protection of intellectual property rights, in particular: the seminar “State and Perspectives of Introducing the System of Electronic Filing of Applications for Industrial Property Rights Protection in Ukraine”, the VIII International scientific and practical conference “Actual Issues of Intellectual Property Protection”. The proceedings of the seminars and conferences are published in the special section on the website of the State Department (http://www.sdip.gov.ua).
During 2004 the Ukrainian Center for Innovation and Patent Information Services (Branch of Ukrpatent) held a number of seminars for the intellectual property system users. The seminars proceedings can be found in the special Section of its website (www.ip-centr.kiev.ua).
In order to promote the dissemination of information concerning the national system for the protection of intellectual property, to facilitate the acquisition of intellectual property rights, popularization of knowledge in the indicated sphere, monographs, textbooks, training and practical aids, proceedings of the conferences and seminars, popular publications, which are also used in the system for training and upgrading of qualification of specialists in the sphere of intellectual property, including examiners, are regularly prepared and published. During the year under review, in particular, were issued:
- Legislation of Ukraine on Intellectual Property: In 2 volumes;
- Industrial Property in Ukraine: Problems of Legal Protection: Collection;
- Examination of the Industrial Property Objects: Applications for Trade Marks;
- Industrial Property in Figures: Activities of the State Department of Intellectual Property in 2003 year (are issued every half year and the final issue – every year);
- Marketing of Intellectual Property: Training aid;
- Popularly about Intellectual Property.
The activities of the system of intellectual property in Ukraine were regularly elucidated by mass media.
IX. Other relevant matters