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In 2019, according to the planned tasks, the works were started on the following projects:
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Work on the creation of the CARKS ADID will be continued in 2020.
2. Creation of the Online Customer Account for Services provided by Ukrpatent (OCAS).
The following functionality was implemented in the OCAS:
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Development of the OCAS software packages was completed at the end of 2019.
3. Creation of the specialized information system to provide access to the relevant data related to pendency of applications and maintenance of the state registers of IP rights titles of protection.
The Special Information System of Ukrpatent (SIS) ensures Internet access to information on any IP right in the close-to-real-time mode. The system search tool which has a general purpose search interface provides open and authorized access (with the use of a qualified electronic signature) to any document of the electronic dossier of an IP right. The SIS has two search engines – a simple and an advanced one. There is a simplified search form for the simple search. The advanced search has an additional range of search tools which allows restricting the search by the type of IP right and by legal status. According to the selected type and legal status it is possible to select any search parameter for the search.
Development of the SIS software packages was completed in 2019.
4. The project on creation of the automated system for the Systemic Means of Creation and Use of the Information Registers of the Ukrpatent information system objects (SMCUIR).
The set of functions for maintainance maintenance and use of the classifiers and registers have been implemented within the framework of the development of this project, which provide unambiguous classification and record of objects in the Ukrpatent information system environment, creation of services for the use and identification of the Ukrpatent information system objects, creation of tools for the Ukrpatent organizational structure management, providing access to the system-wide classifications of any Ukrpatent information system components.
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The main types of trademark information activities include support of examination of marks for goods and services applications, in particular, forming of search databases for internal use at the examination body, performance of searches, publication of official information about registered marks in the bulletin and creating interactive databases and information and reference systems for providing information services for a wide range of users via the Internet. Information on marks is also published on optical carriers.
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In 2019, actions were taken to update the computer and telecommunication equipment and software; steps were taken to upgrade security hardware and software. In particular, local network area switches were put into operation in 2019. The switches are adapted to replace the core of Ukrpatent's local network area to increase its capacity and bandwidth to 40 Gb as well as to improve fault tolerance and high availability of network equipment.
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From January 1, 2019 to December 31, 2019, Ukrpatent received 12,566 applications for marks for goods and services with the use of electronic filing system for industrial property rights (43.5% increase with respect to the previous year). 37 37.2% of the total amount of applications for marks for goods and services received by Ukrpatent (according to the national procedure) were electronic applications for marks for goods and services.
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For easy uploading of data on industrial property rights in JSON format and further formation of own databases, the SIS API based on the HTTP protocol has also been created. The SIS API is available at https://sis.ukrpatent.org/api/v1/open-data/.
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The applicants may file the applications for marks for goods and services on paper as well as electronically.
Electronic applications is are performed through the Electronic Applications Filing System (EAFS). The applicant's personal account was implemented in the system providing access to all documents generated in the process of interaction between the examination body and applicants during processing of patent applications.
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Electronic documents are electronically signed. Information on how to get an electronic digital signature (qualified electronic signature) is available on the Ukrpatent website in the "Receiving Electronic Trust Services" section. Information on how to get an electronic digital signature (receipt of electronic trust services) is available on the Ukrpatent website at: https://ukrpatent.org/i_upload/file/Poriadok-nadannia-poslug-ECP-2017-- pdf.
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In the framework of the Trademarks Automated System (TMAS) and the International Registration of Marks AS a program system for verifying classification indexes is in place. This system includes manuals on classification systems and special software for performing functions of verifying classification indexes and reclassification.
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The IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification) implements the option of access to the full array of the NCL data translated into Ukrainian (select "Previous Versions"). The data is available as they existed over the period of valididty validity of relevant versions/editions of the NCL. That is, the acces access to the IRS that were created for the NCL (9), the NCL (9) (second, revised, edition), the NCL (10) and the NCL (10-2013) is available. The NCL (7) and the NCL (8), which were published only in hard copy, are available as PDF files.
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- the IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification). Eleventh Edition, version 2019" and the IRS "Classification of the Figurative Elements of Marks (Vienna Classification). Eighth Edition" – by a wide range of users, primarily applicants (available for free on the Ukrpatent website).
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Matters concerning processing of different types of non-traditional marks (e.g., three-dimensional, motion, hologram, color mark, etc.)
The Tredemarks Trademarks Automated System tools provide for processing of color and sound marks.
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- IRS "Information on Certificates of Ukraine for Marks for Goods and Services Terminated or Deemed to be Invalid" (http://base.uipv.org/searchTmRevoke/search.php);
- IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification)" – through this link the current and all previous invalid versions of the Nice Classification translated into Ukrainian are available (http://base.uipv.org/searchTmRevoke/search.php);
- IRS "Classification of the Figurative Elements of Marks (Vienna Classification)" – through this link the current and all previous invalid versions of the Vienna Classification translated into Ukrainian are available;
- "Ukrpatent Special Information System" (SIS) (https://sis.ukrpatent.org/uk/search/simple/).
Information on trademarks is published in Book 2 of the Bulletin "Industrial Property" 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 the 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.
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The Bulletin "Industrial Property" was issued twice a month – 24 issues of the bulletin were issued during 2019. The Annual Index of the Bulletin for the previous 2018 year was also published.
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On the website of Ukrpatent there is free access to: Annual Reports of the Office, Annual Technical Reports on Trademark Information Activities which Ukrpatent prepares for WIPO, quarterly review "Industrial Property in Figures. Performance indicators in the industrial property sphere (the Internet publication "Industrial Property in Figures"), the WIPO Standards translated into Ukrainian (with no official status) which have the most practical value related to various industrial property rights, including trademarks (Section "WIPO Standards").
The List The List of Foreign Industrial Property Databases with Free Internet Access and the List of Scientific and Technical Databases and Reference Resources with Free Internet Access" are published and updated quarterly on the website of Ukrpatent.
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The main software tool supporting the examination on applications for marks for goods and services and the maintenance of the state registers is the Trademarks Automated System (TMAS). The automated control functions are implemented in the TMAS for processing the applications for marks for goods and services. The whole cycle of the formation, approval, signing, transmission and registration of documents is carried out on the basis of the electronic technology.
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- the separate Checkpoint SandBlast Appliance TE100X. Threat Emulation device, which further prevents infection of networks from unknown sources, protects against the zero-day vulnerability and targeted attacks;
- Barracuda Spam & Virus FireWall for mail server protection;
- internal router (designed on the Unix server) to support the Ukrpatent local computer network.
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The server infrastructure is completely virtualized. The Microsoft Hyper-V Server 2016 and VMware ESXi operating system is used on physical servers which allow to create and operate the productive virtual servers. The servers of virtualization are grouped into Hyper-V clusters which allow to organize high availability of the productive servers with the Microsoft Windows Server 2019, Microsoft Windows Server 2016, Microsoft Windows Server 2012R2, Microsoft Windows Server 2012, Microsoft Windows Server 2008R2 and CentOS 7 operating systems.
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The Veeam company software product – Veeam Backup & Replication, which ensures continuous protection for reliable recovery of virtual and physical servers, is used for data backup. The plan of upgrading all servers and services after a failure was adjusted.
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The activities on the IT infrastructure development, carried out over the reporting period, were aimed at building the fail-safe core of the computer network, increasing its bandwidth, security and manageability, replacing the obsolete components of a hardware part of infrastructure, consolidation and virtualization of the servers. The servers of virtualization are integrated into clusters, which ensure high availability of all systems.
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- the database of international registrations of trademarks. The information is downloaded to this database from the WIPO website and is stored in the international registrations database;
- the database of emblems and flags (6ter). The information is downloaded to this database from the WIPO website and is stored in the TMAS database;
- the database of international registrations of industrial designs. The information is downloaded to this database from the WIPO website;
- the TMAS database;
- the IDAS database;
- the database of well-known marks in Ukraine;
- the database of qualified designations of origin of products;
- the Central Electronic Documents Archive Database which provides for storage of documents and their attributes in electronic form.
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International exchange with foreign patent offices has long been the main source of foreign industrial property documentation of the PPDC, including information on trademarks. Such international cooperation allowed to accumulate a considerable amount of current and retrospective foreign patent documentation, in particular, Official Bulletins of numerous countries. The PPDC also contains methodological, information and reference and periodical editions.
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Free access to the PPDC materials was provided for visitors in the reading room. The customers` customers' work with foreign documentation funds available at the PPDC on optical media is carried out jointly with the consultants of the Department of Patent Information Services, Consultations and Innovation Activity Promotion of Ukrpatent.
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The PPDC is located on the premises of the Department of Patent Information Services, Consultations and Innovation Activity Promotion of Ukrpatent in three specially adapted and equipped areas (two depositories with the total area of 81 sq. m. and a reading room of 40 sq. m.). The PPDC is equipped with 10 up-to-date computers with appropriate licensed software, as well as scanners, printers and xerographic copying machines.
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The Department of Patent Information Services, Consultations and Innovation Activity Promotion of Ukrpatent provided, including on the PPDC basis, all necessary consultations as well as services both on free-of-charge and commercial basis. Free-of-charge consultations were provided on the most efficient ways to carry out information search, search on CD-ROMs and in the free remote databases of patent documentation via the Internet, etc.
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- about 300 consultations on regularity of preparing application materials, among them 210 for registration of a mark for goods and services. 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;
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Consultations on granting legal protection, exercise, infringement identification and protection of all IPR 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 39,193 of such consultations were provided by telephone for the whole year. Individual reception of 2,123 applicants took place.
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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 specialists of the state system of intellectual property legal protection) on various matters and in particular relating to legal protection of trademarks. The printed edition of the magazine is available for free at the PPDC of the Department of Patent Information Services, Consultations and Innovation Activity Promotion of Ukrpatent.
The list of articles, reports, slide presentations, methodical recommendations and practical manuals on topical issues of intellectual property, prepared by specialists of Ukrpatent for the period from 2004 to 2019, is available on the website of Ukrpatent. A certain part of the documents is available in electronic form.
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In 2019, Ukrpatent and the WIPO continued cooperation relating to Madrid Goods and Services Manager (MGS) on-line tool of the Madrid System. Ukrpatent provided support and updating for the information content of the Ukrainian language version of the MGS online tool which functions on the WIPO official website from February 2015, in particular, representation of new interface elements implemented by WIPO in Ukrainian in the framework of the MGS development. The Ukrainian version of MGS provides access to the alphabetical list of goods/services, class headings and the explanatory notes of the current version of the Nice Classification translated into Ukrainian – for the purposes of international registration of marks being an additional information resource for the national registration of marks.
According to initiatives to develop a global intellectual property infrastructure, in particular by improving access to information and its facilitation, WIPO offers a number of free online search services including the Global Brand Database launched in 2014, Ukrpatent has started cooperation with WIPO in the framework of the project concerning the Global Brand Database data entry to obtain a based image search technology and its integration with Ukrpatent internal systems. In 2019, the implementation of relevant actions for cooperation in this area was launched.
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One of the priority objectives of the examination body 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. Certificate No. 321012076/2 concerning the Ukrpatent QMS compliance with the requirements of the ISO 9001:2015 international standard is valid till September 14, 2021.
In August 2019, the independent certification organization carried out the inspection (supervisory audit) of the QMS compliance with the requirements of the ISO 9001: 2015 standard at Ukrpatent. According to the results of the inspection, the QMS meets the requirements of the ISO 9001: 2015 standard.
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