Annual Technical Report 2011 on Trademark Information Activities submitted by Ukraine (CWS/ATR/TM/2011/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
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Statistical evolution concerning:
Applications filed (national route):
in 2010 – 20603, in 2011 – 21091, i.e. 2.4 % increase with respect to the previous year.
Registered (national route):
in 2010 – 16686, in 2011 – 16677, i.e. 0.05% decrease with respect to the previous year.
Trends or areas experiencing rapid changes with respect to the previous year
In 2011, the highest percentage of applications were filed according to the following classes of the Nice Classification:
Class 35 “Advertising; business management…” (17.0%); Class 05 “Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes…” (6.7%); Class 41 “Education; providing of training; entertainment (6.3%); Class 33 “Alcoholic beverages (except beers)” (6.5%); Class 30 “Coffee, tea, cocoa, sugar, rice...” (5.2%); Class 16 “Paper, cardboard and goods made from these materials...” (3.6%).
URLs of web pages of the Office’s website that provide statistics related to trademarks
http://www.sips.gov.ua/ua/plans_reports.html
http://www.sips.gov.ua/en/plans_reports.html
http://www.uipv.org/ua/statistics.html
http://www.uipv.org/en/statistics.html
II. Matters concerning the generation, reproduction, and distribution of secondary sources of trademark information, i.e., trademark gazettes
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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 2011 it was delivered to 37 organizations of Ukraine (which includes 4 organizations on free basis) 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” (UIPI). 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.
There were also published:
- periodic quarterly digest “Industrial Property in Figures. Performance of Activities by the State Intellectual Property Service of Ukraine and the State Enterprise “Ukrainian Industrial Property Institute”;
- scientific and practical magazine “Intellectual Property”.
Main types of announcements of the Office in the field of trademark information
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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 automated system (AS) “Marks for Goods and Services”.
Within the AS “Marks for Goods and Services” a software subsystem for automatic comparison of arbitrary lists of goods and services, specified according to the International Classification of Goods and Services in a filed application and in the previous application for the same mark for which the right of priority is valid, is in operation.
In 2011 software tools for making electronic outgoing documents with applied electronic signature and their transfer to the general service department for registration and posting were introduced within the AS “Marks for Goods and Services”.
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 UIPI. 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 official web-portal of the State Intellectual Property Service of Ukraine (SIPS) and the web-site of the UIPI:
http://www.uipv.org/ua/bases2.html
http://www.uipv.org/en/bases.html
http://www.sips.gov.ua/ua/info_resurses.html
III. Matters concerning classifying, reclassifying and indexing of trademark information
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In 2011 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 AS “Marks for Goods and Services” 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 9th edition of the Nice Classification are in operation in the environment of the AS “Marks for Goods and Services”.
Bibliographic data and processing
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The search file for marks for goods and services comprises, among other sources, the database of the AS “Marks for Goods and Services”, the ROMARIN database of the international registrations on DVD, the International Classifications and reference information sources.
V. Activities in the field of computerized trademark search systems
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The in-house computerized search systems for marks are the search systems of the AS “Marks for Goods and Services”, the “Incoming Applications Register”, the centralized database “International Marks Received from the WIPO International Bureau”, the AS “Indicators”.
In 2011 a renewed information array formation sub-system for the Official Bulletin “Promyslova Vlasnist” was introduced within the AS "Marks for Goods and Services". It contains information about international marks registrations in which Ukraine is indicated.
External databases
Free external trademark databases (DB) and information and reference systems (IRS) are:
- 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 AS “Marks for Goods and Services” functions in the environment of the local computer network operated by the OS Windows 2003 server.
The AS software is designed according to the Client-Server technology and placed on HP ProLiant DL380 G5(8x3.16GHz, Xeon, 32Gb RAM), HP ProLiant DL380 G7 (8x2.97GHz, Xeon, 64Gb RAM), Compaq ProLiant ML570 (4x900Mhz, Xeon, 8Gb RAM). DBMS – MS SQL Server Standard Edition 2005 servers. 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 UIPI 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)
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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.
During the previous years (including 2011) 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.
In order to preserve the collection, modern technologies of library holdings protection 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 division of information and search activities of the Ukrainian Center of Innovatics and Patent Information Services (Center) deals with forming, maintenance and organization of the use of the PPDC. It provides patent and regulatory documents to all users interested in creation, legal protection and utilization of industrial property rights including trademarks. On users’ requests the division performs various kinds of searches for information and documentation relating trademarks. Moreover, the division provides the following services:
- consultations on the PPDC collection, effective ways of conducting information search, use of reference and retrieval system;
- free admission to the PPDC reading room as well as free use of information materials available for free. First of all these are: the Official Bulletin “Promyslova Vlasnist”, foreign patent offices bulletins, normative, scientific and methodological literature, subject and alphabetic directories, Nice Classification, the 9th edition, translated into Ukrainian.
The list of services provided by the Center to general public is available at its web-site: http://www.ip-centr.kiev.ua.
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.sips.gov.ua/ua/systems.html
http://www.sips.gov.ua/en/publicom_baza.html
http://www.uipv.org/ua/bases2.html
http://www.uipv.org/en/bases.html
URLs of web pages of the Office's website for electronic filing of trademark applications
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http://www.uipv.org/ua/signs.html;
http://www.uipv.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.uipv.org/ua/publications.html
http://www.uipv.org/en/publications.html
http://www.uipv.org/ua/perelik.html
http://www.uipv.org/en/perelik.html
http://www.uipv.org/ua/bases2.html
http://www.uipv.org/en/bases.html
http://www.ip-centr.kiev.ua
VII. Matters concerning mutual exchange of trademark documentation and information
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In the year under review the State Intellectual Property Service (SIPS), according to the tasks allotted, took actions on training, retraining and skill upgrading of the specialists on intellectual property.
The course «Intellectual property» was taught in 145 higher education institutions of Ukraine of the III-IV level of accreditation in 2010/2011. More than 120 thousand students studied Specialist and Master educational and professional programs.
15 higher education institutions were licensed by the Ministry of Education, Science, Youth and Sport of Ukraine (the Ministry) to perform educational activity on the staff training and skills development in specialty 7(8).18010011 «Intellectual Property» of the Specialist’s and Master’s degree.
In 2011, one more higher education institution – Donetsk National Technical University – submitted a request for licensing to perform Master training in this specialty.
Two education institutions have licenses to perform training and educational activity according to the appropriate qualification requirements for skill upgrading of the specialists in the field of intellectual property, namely, Intellectual Property Institute of the Odessa National Academy of Law in Kyiv (250 students per year) and Intersectoral Institute of Postgraduate Education of the National Technical University «Kharkiv Polytechnic Institute» (300 students per year).
In the same year, the above mentioned higher education institutions admitted 332 persons for Master degree training, and 133 persons for Specialist degree training, 273 of which for studying at public expense.
Primary higher education institution for training, retraining and skill upgrading of specialists in the field of intellectual property, that is Intellectual Property Institute of the Odessa National Academy of Law in Kyiv (the Institute), have trained 130 Specialists and 40 Masters in specialty «Intellectual Property», including 62 persons on the request from the central agencies of state administration, namely: SIPS – 39 persons, courts – 6 persons, Security Service of Ukraine – 6 persons, State Customs of Ukraine – 6 persons, Antimonopoly Committee of Ukraine – 4 persons, and Ministry of Justice of Ukraine – 1 person. Furthermore, 4 Masters of Law were trained in specialty «Intellectual Property Rights».
Moreover, during the reporting period, the Institute continued training of foreign citizens from Kazakhstan in the «Intellectual Property» Master program.
The Institute paid special attention to training of specialists in the field of intellectual property commercialization. Thus, within the memorandum with Leif Gram – head of the «Support of High-Tech and Innovation Enterprises and Technology Transfer to Business in Ukraine» EU project, the training center has been established at the Institute, followed by the elaboration of guidelines for this center and training course «Support of Innovations», under which two three-day-trainings for scientists and entrepreneurs, hosted by the Institute and the Ukrainian Chamber of Commerce and Industry, were held.
On April 21–22, the Institute arranged the XI National Research to Practice Conference «Problems of Training of Specialists in the Field of Intellectual Property, Information-Analytical and Innovation Activities in Ukraine» in Kyiv under the auspices of SIPS. 67 people were involved in the Conference, including representatives of Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, lecturers and academic teaching staff of the higher education institutions, specialists from other institutions and organizations.
According to the program of scientific methodological conferences on the problems of higher education and science in the system of the Ministry, there was the III International Research to Practice Conference «Place and Role of Intellectual Property in the Innovative Development of Economy» held on November 9-11 in Kyiv. It welcomed representatives of the higher education institutions, industrial enterprises, research and production associations, and scientific research institutes of Ukraine, Azerbaijan, Kazakhstan and the Russian Federation.
In 2011, the Institute organized and conducted advanced training within the professional course «Intellectual Property» for 78 academic teachers of higher education institutions from all regions of Ukraine.
In July of the reporting year, the Third 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.
In the year under report, SIPS organized and held 5 conferences, 3 of which were international, 24 special-purpose workshops, including 9 international and 7 regional, on topical issues related to the acquisition, protection, exercise and enforcement of intellectual property rights. On trademarks issues in particular the following events were held: Workshop on Interpreting the Provisions of the Madrid Agreement Concerning the International Registration of Marks and Madrid Protocol; Workshop on Provisions of the Singapore Treaty on the Law of Trademarks; Round Table Meeting on Interpreting the Provisions of the Madrid Agreement Concerning the International Registration of Marks and Madrid Protocol”; Training Workshop on Issues on Industrial Property Rights Examination and Management; Workshop on Technical and Legal Aspects of the Implementation of Electronic Document Management and Digital Signature in the Context of Acquisition of Industrial Property Rights; Workshop on Use of Paperless Information Technologies in the Context of Acquisition of Industrial Property Rights; Workshop on Examination Body Feedback on Appeals Chamber Decisions; Workshop on Digital Patent Library Services.
Important representative and efficient meetings for discussing scientific, methodological and practical intellectual property issues are International Research to Practice Conferences on Topical Intellectual Property Issues bi-annualy held in Ukraine (in winter in Lviv City and in summer in Yalta, Autonomous Republic of Crimea) organized by SIPS in cooperation with WIPO, the EPO.
Main topics of the Conference were the following: development strategy of the intellectual property rights protection system of Ukraine; copyright and related rights on the Internet; legal protection, enforcement and use of geographical indications within the European practice; intellectual property rights protection and enforcement; trademarks and service marks: aspects of the legal protection and enforcement; patent information support and automation of the examination body proceedings; innovation activities and commercialization of intellectual property rights.
Within the year 2011 SIPS performed substantive work on organizing conferences, trainings, seminars, exhibitions, visits as well as promotion of creative activities. Detailed information about all the events can be found in the relevant section of the 2011Annual Report of SIPS at its official web-portal:
http://www.sips.gov.ua/ua/year_reports.html
http://www.sips.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:
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http://www.sips.gov.ua/en/laws_special_3
http://www.sips.gov.ua/ua/normative_acts.html
http://www.uipv.org/en/legistation.html
http://www.uipv.org/ua/legistation.html
contain the Annual Report of the Office
http://www.sips.gov.ua/ua/year_reports.html
http://www.sips.gov.ua/en/year_reports.html
Publication of the Annual Technical Reports on trademark information activities is also carried out on the official web-portal of the SIPS starting from the year 2008:
http://www.sips.gov.ua/ua/plans_reports.html
http://www.sips.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.sips.gov.ua/index.html
http://www.uipv.org
http://www.ip-centr.kiev.ua
X. Other relevant matters