Annual Technical Report on Trademark Information Activities in 2019 submitted by MINISTRY FOR DEVELOPMENT OF ECONOMY, TRADE AND AGRICULTURE OF UKRAINE*
*According to the Resolution of the Cabinet of Ministers of Ukraine of September 2, 2019 № 829 "Some Issues of Optimizing the System of Central Executive Bodies", in order to optimize the system of central executive bodies and in accordance with paragraphs 9 and 9-1 of Article 116 of the Constitution of Ukraine, the Ministry of Economic Development and Trade of Ukraine was renamed as the Ministry for Development of Economy, Trade and Agriculture of Ukraine.
I. GENERAL OVERVIEW OF RECENT DEVELOPMENTS IN TRADEMARK INFORMATION ACTIVITIES CARRIED OUT BY THE OFFICE
Outline of main policies and plans aimed at development of trademark information activities and expected time frames for their realization
The main document that determined the directions for the development of trademark information activities in 2019 was the Plan of activities of the State Enterprise "Ukrainian Intellectual Property Institute" (Ukrpatent) which contained strategic directions "Patent information support in the sphere of intellectual property, provision of wide public with access to the information related to intellectual property rights (IPR) acquisition" and "Implementation of modern information technology" which in particular include:
- comprehensive development of the main directions of information support in the sphere of intellectual property;
- introduction of a new version/edition of the International Classification of Goods and Services for the Purposes of the Registration of Marks (NCL) translated into Ukrainian, creation of information and reference system (IRS) which will provide free public access to the Classification through the Ukrpatent website;
- implementation of series of actions aimed at ensuring the continued acquisition of patent information resources of Ukraine with current publications of the Bulletin "Industrial Property" on CD-ROM;
- participation in the activities on unification and harmonization of Ukrainian patent documentation in view of the global experience and in accordance with the international standards of the World Intellectual Property Organization (WIPO) and the current legislation of Ukraine.
In particular, the automation of processing of applications and titles of protection for intellectual property rights (IPR), including marks for goods and services, and the main actions envisaged by the Plan of Ukrpatent for 2018 are aimed at:
- development of the technological automated system for processing of applications and titles of protection for marks for goods and services;
- automation of the document workflow and provision of a comprehensive electronic information processing;
- development and implementation of freely accessible information resources for a wide range of public;
- development of the IT infrastructure;
- improving security of the international infrastructure.
New projects launched or resumed this year in the context of the policies and plans mentioned above, short description: aims, partners, tasks
In 2019, according to the planned tasks, the works were started on the following projects:
- Project for creation of a comprehensive automated record keeping system for applications for designations and industrial designs (CARKS ADID).
The main purpose of the project is to automate procedures and functions in information technology processes of document management on applications for registration of marks for goods and services, qualified indications of origin of goods, rights to use the registered qualified indications of origin of goods, industrial designs, and automation of procedures and functions in information and technological processes of document management, maintaining the relevant state registers in order to simplify and accelerate the process of acquiring respective IP rights, reducing the cost and time in the course of the processes of document management for IP rights in the CARKS ADID.
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:
- placement of orders and payment for services through the Internet;
- transfer of orders from a personal account to Ukrpatent specialists;
- distribution of tasks for the provision of services between the relevant units for execution;
- receiving reporting materials from responsible specialists;
- keeping record of provided services;
- correspondence with customers of services via the Internet in order to simplify and increase efficiency of the procedures related to the acquisition and protection of IP rights.
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 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.
Development of the SMCUIR software packages is planned to be completed in 2020.
Implementation of the following project, which started in 2018, was in progress: the activities to improve the General Document Management Automated System (GDMAS) in accordance with the new regulations and in order to expand the service functions,
Results of the work on improvement and refinement of the GDMAS in 2019 are the following:
- increase of the speed of access to document files;
- simplification of the DB administration;
- capability to store files of very large-size documents in the database (>> 2 GB);
- reduction of time for procedures related to search of electronic documents in the collection;
- increase in productivity of mass technological operations (formation of object dossiers);
- increase of the convenience of use and simplification of information perceiving (new search tools);
- increase in productivity of the GDMAS, improvement of its ergonomics.
Works on the GDMAS improvement and refinement were completed in 2019.
Main areas of trademark information activities and related information and communication technology (ICT) practices which were in the focus of attention last year
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.
Examination of applications for marks for goods and services is carried out by means of the Trademarks Automated System (TMAS) which has full functionality of the text processing and record keeping of trademark applications at all stages, from application filing to completing the examination and maintenance of the State Register of Certificates of Ukraine for Marks for Goods and Services.
An automated worksite of the Editorial Department is used to form the information arrays which are included to the publications in the Bulletin "Industrial Property".
The following resources were introduced for information support of the examination procedure:
- the International Classification of Goods and Services for the Purposes of the Registration of Marks, Eleventh Edition, version 2019 (NCL (11-2019)) translated into Ukrainian;
- the International Classification of the Figurative Elements of Marks, Eighth Edition (VCL (8)) translated into Ukrainian.
To provide access for a wide range of users to the mentioned classifications the following information and reference systems (IRS) were available on the Ukrpatent website:
- the IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification). Eleventh Edition, version 2019";
- the IRS "International Classification of the Figurative Elements of Marks (Vienna Classification). Eighth Edition".
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.
The organizational and technical actions for the decommissioning of obsolete/outdated equipment and putting into service of new computer equipment were carried out.
Statistics: changes in terms of application filings and registrations with respect to previous year; trends or areas experiencing rapid changes
in 2018 – 30,900, in 2019 – 33,736, i.e. 9.2% increase with respect to the previous year.
in 2018 – 15,877, in 2019 – 17,322, i.e. 9.1% increase with respect to the previous year.
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). 37.2% 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.
In 2019, in comparison with the previous year, the following areas experienced rapid changes: Textiles – clothing and accessories (+16.7%); Household equipment (+11.9%); Pharmaceuticals, health, cosmetics (+8.5%); Agricultural products and services (+7.5%); Chemical products (+7.4%); Leisure, education, training (+7.0%); Construction, infrastructure (+6.3%); Scientific research, information and telecommunication technologies (+5.0%) and Management, communications, real estate and financial services (+4.2%).
Other matters and useful links (URLs): annual report of the Office, news page, statistics, etc.
Annual Reports, Annual Technical Reports on Trademark Information Activities, statistical information:
News of the Office on the issues related to trademarks:
http://www.me.gov.ua/ (Intellectual Property section)
Information on the trademark legislation:
http://www.me.gov.ua/ (Intellectual Property section)
Information on Intellectual Property Representatives (Patent Attorneys) providing services related to the IP rights protection:
http://www.me.gov.ua/ (Intellectual Property section).
Since 2017, an integrated state web portal of open datasets (https://data.gov.ua) has been in operation for searching in the data sets of the state registers of industrial property rights and the State Register of Intellectual Property Representatives (Patent Attorneys).
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/.
II. SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE
Information and support provided by the Office to applicants regarding filing on paper and/or e-filing (instructions, seminars, etc.) - URLs
Information for users on various procedures and sources of information on trademarks, in particular, information on the legislation in the sphere of trademarks, services and Office activities related to the information on trademarks, statistical information, etc. is published on the website of the Ministry (http://www.me.gov.ua/) and on the Ukrpatent website (https://ukrpatent.org/).
The list of patent information services, including paid services provided by Ukrpatent, in particular, by its Department of Patent Information Services, Consultations and Innovation Activity Promotion, is published on the websites of Ukrpatent and this Department.
The applicants may file the applications for marks for goods and services on paper as well as electronically.
Electronic applications 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.
Electronic applications filing and electronic exchange between the examination body and applicants may also be carried out by means of the Electronic Interaction System (EIS) of the Examining Authority.
Advisal on the work with systems, rules of drafting an application, user manuals and regulatory documents are available on the Ukrpatent website at:
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.
To provide services (placement of orders, payment for services, transfer of orders from the personal account to Ukrpatent specialists, correspondence with customers of services etc.) the Online Customer Account for Services provided by Ukrpatent (OCAS) has been created.
The OCAS was put into operation in 2019 https://ukrpatent.org/uk/articles/services.
To ensure access of a wide range of users to the Ukrpatent information resources, the Special Information System (SIS) has been introduced.
The SIS was put into operation in 2019.
Availability of the application dossier in electronic form
All application materials for marks for goods and services (both primary and secondary), irrespective of the way they are filed to Ukrpatent (through the electronic filing system, on paper carriers, by email, fax or other telecommunication networks), automatically or after scanning the paper carriers are entered and stored in the electronic document archive and used by technological systems within the pendency of applications.
Matters concerning classifying
(i) 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
(ii) Use of electronic classification systems and pre-defined terms of the classification applied
(i) 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
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.
As of January 1, 2019, the 2019 version of the 11th edition of the International Classification of Goods and Services for the Purposes of the Registration of Marks (NCL (11-2019)) in the Ukrainian translation was implemented by the relevant order of the Ministry.
In the second half of 2019 a set of works was performed necessary for ensuring the implementation in the state system of legal intellectual property protection as of January 1, 2020, of the NCL (11-2020) translated into Ukrainian, in particular, the respective IRS was created.
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 validity of relevant versions/editions of the NCL. That is, the 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.
(ii) Use of electronic classification systems and pre-defined terms of the classification applied
In 2019 the following electronic classification systems were used:
- the NCL (11-2019) and the VCL (8) translated into Ukrainian within the TMAS – for trademark applications examination;
- 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).
After WIPO amends the current version/edition of the NCL and implements its new one, a new version/edition of the current edition translated into Ukrainian is formed by administrative tools for technological automated systems.
Matters concerning processing of different types of non-traditional marks (e.g., three-dimensional, motion, hologram, color mark, etc.)
The Trademarks Automated System tools provide for processing of color and sound marks.
III. SOURCES OF TRADEMARK INFORMATION PROVIDED BY THE OFFICE
Main types of publications in the field of trademark information, outline of the content and medium (on paper, on CDs, online - URLs)
Information of the Office on trademarks is provided by publication in printed sources of the intellectual property legal protection sphere, patent information products on optical carriers, free electronic databases (DB) and information and reference systems (IRS):
- the Bulletin "Industrial Property" – a printed periodical edition;
- the electronic edition of the Bulletin "Industrial Property" – the analogue of a printed edition;
- the electronic edition of the Bulletin "Industrial Property" (on CD-ROM equipped with a search system) – the analogue of a printed edition;
- the National CD-ROM "Marks for Goods and Services Registered in Ukraine";
- the accumulative optical disc (DVD) "Marks for Goods and Services Registered in Ukraine" (on a paid basis);
- DB "Electronic Version of the Cumulative Official Bulletin "Industrial Property" (http://base.ukrpatent.org/searchBul/);
- DB "Marks for Goods and Services Registered in Ukraine" (http://base.uipv.org/searchBUL/search.php?dbname=certtm);
- DB "Information about Well-Known Marks in Ukraine" (http://base.uipv.org/searchBul/search.php?dbname=certwkm);
- Interactive DB "Applications for Marks for Goods and Services Accepted for Examination"
- IRS "Information about Proceeding State of Applications for Marks for Goods and Services" (http://base.uipv.org/searchTMStat/search.php);
- 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.
Publications of the Bulletin "Industrial Property" include:
- for section "Information on the Issue of Certificates of Ukraine for Marks for Goods and Services" – bibliographic data, list of goods and services, black-and-white images of marks;
- for section "Information on Well-Known Marks in Ukraine" – information on marks declared to be well-known in Ukraine in the scope defined by the Office, list of goods and services, black-and-white images of marks;
- for section "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" – information on marks in the scope defined by the Office, list of goods and services, black-and-white images of marks.
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.
The National CD-ROM "Marks for Goods and Services Registered in Ukraine" was issued with the same frequency and includes the following information: bibliographic data, images of marks, list of goods and services grouped by the NCL classes.
Publications in electronic information resources contain:
- electronic edition of the Bulletin "Industrial Property";
- DB "Electronic Version of the Cumulative Official Bulletin "Industrial Property" – information on the issue of certificates of Ukraine for marks for goods and services and information on well-known marks in Ukraine. Moreover, information concerning legal status of certificates (as an extra operational element) is provided in the section "Information on the issue of certificates of Ukraine for marks for goods and services";
- DB "Marks for Goods and Services Registered in Ukraine" – bibliographic data, list of goods and services, images of marks;
- DB "Information about Well-Known Marks in Ukraine" – information on marks in the scope defined by the Office, list of goods and services, images of marks;
- Interactive DB "Applications for Marks for Goods and Services Accepted for Examination" – information on all applications for marks and services at the stage of qualifying examination (substantive examination).
Official Gazettes: main types of announcements, frequency of publication, medium (on paper, on CDs, online, URL), etc.
In the Notices section of the Bulletin "Industrial Property" (printed and electronic edition) with the periodicity of its release announcements in respect of registered marks for goods and services (to the extent provided by the respective applicable Law of Ukraine) are published including data on changes in the information entered into the State Register of Certificates of Ukraine for Marks for Goods and Services, information on issue of the certificate duplicates, information on modifications due to the correction of errors and other information relating to the registration of certificates of Ukraine for marks for goods and services.
The section also contains publication of changes in information about international registration of marks protected in Ukraine.
Information products (coverage, medium, etc.) available to examiners, including external documentation and databases
Information products available to examiners for trademark applications examination (search collection) are approved by the corresponding order of Ukrpatent and, inter alia, include:
- AS "Marks for Goods and Services", the database for marks recognized as well-known in Ukraine as well as the Industrial Designs AS;
- DB "Legislation of Ukraine";
- DB "6ter Express";
- DB "MedNet Services";
- DB "Global Brand Database";
- Electronic version of "Madrid Monitor"
- corresponding state and national classifiers of Ukraine;
- current versions/editions of the Nice and Vienna Classifications;
- the Examination Reference and Information Collection of Ukrpatent, other information and reference sources mainly in electronic form.
Information products (coverage, medium, etc.) and services available to external users; conditions of access (e.g., free of charge, subscription, etc.)
For information support of the wide range of public free access to the information concerning trademarks is provided through the websites of the Ministry – see the List of publications in electronic resources above.
Information on registered marks for goods and services is available on the national webportal of the open data at https://data.gov.ua.
The Bulletin "Industrial Property" on CD-ROM was distributed for free in the framework of updating patent collections of certain organizations of Ukraine according to the Registries of free-of-charge distribution approved in accordance with the established procedure.
External users can also purchase the Official Bulletin "Industrial Property" on CD-ROM equipped with a search system and the National CD-ROM "Marks for Goods and Services Registered in Ukraine", the retrospective accumulative optical disc (DVD) "Marks for Goods and Services Registered in Ukraine".
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 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.
See also Part 1 of Section 5 Promotion activities aimed to support users in access and efficient use of trademark information for information on services available to external users.
Legal status information (kind of information, coverage, medium, etc.)
Information concerning the legal status of the registered certificates of Ukraine for marks for goods and services to the extent prescribed by the applicable law of Ukraine is published in the Bulletin "Industrial Property" in the section "Notices" both on paper and in electronic form (the Bulletin "Industrial Property" on the CD-ROM and the DB "Electronic Version of the Cumulative Official Bulletin ‘Industrial Property’").
In addition, such information is provided in the IRS "Information on Certificates of Ukraine for Marks for Goods and Services Deemed to be Invalid or Expired" and (as an extra operational component) in the relevant sections of the DB "Electronic Version of the Cumulative Official Bulletin "Industrial Property" and the DB "Marks for Goods and Services Registered in Ukraine".
IV. ICT SUPPORT TO SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE
Specific software tools supporting business procedures within the Office: general description, characteristics, advantages, possible improvements
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.
The TMAS includes the following databases (DB):
- TradeMarks – the database "Marks for Goods and Services";
- Doc – the document management workflow;
- Madrid Monitor – the international applications for trademarks filed with the Ukrainian Office (from 2018);
- MadridNotif – the database of information notices;
- NMadrid – the international applications for trademarks from Ukraine;
- OFFICE – the database of Business Management Division;
- Ref – the database of books of reference ;
- Romarin – the international applications for trademarks filed with the Ukrainian Office (till 2018 );
- Root – the database of the system administrator ;
- Similars – database to discover similar or identical marks;
- SixTer – the database to search marks (armorial bearings, flags);
- TMPPLetter – the database for posting;
- TMSearch – the database of search system;
- WellKnownMarks – the database to search well-known trademarks.
Hardware used to supporting business processes of the Office
The server part is based on Hewlett-Packard (HP) server x86 platforms (DL380Gen10, DL380Gen8, DL380G7, DL380G5, DL360 Gen8).
Information storage models are HP (3Par StoreServ 7200, MSA2050, MSA2040, P2000, MSA2324fc).
The Storage Area Network (SAN) is based on the HP SN3000B, HP SAN Switch 8/24.
The general network infrastructure is based on:
- the cluster made of two Checkpoint NGTP 5600 devices which contains the VPN and Firewall modules for Internet connection and provides control of access to the Internet sites and security of the Ukrpatent IT infrastructure from complex threats and harmful attacks (botnets, targeted attacks, APT attacks and zero day attacks);
- 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.
The local computer network includes the set of HP Aruba 8320, HP Aruba 2930M, HP Procurve 2910al-24G, HP 2530-48, HP 2510-48 switches and is divided into fifty virtual networks (Vlan).
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.
The MS SQL Server 2017, MS SQL Server 2016, MS SQL Server 2014, MS SQL 2008R2, MS SQL 2005, PostgreSQL, MySQL are used as the databases management systems.
Domain structure of the Active Directory (AD) is designed to allow the centralized management of all formation resources, including users, computers, files, peripheral devices, access to the services, network resources, websites, databases, etc.
Multiple domain controllers are used to organize the fault-tolerant domain structure.
The WSUS server provides updating of the servers and client's computers operating systems.
The ESET anti-virus server provides centralized control of all anti-virus programs on the user computers, anti-virus databases updates, report generation on database updates and existing threats.
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.
Other Microsoft System Center 2019 products, namely Virtual Machine Manager (SCVMM), System Center Configuration Manager (SCCM), are also used for virtualization management and for installing operating systems and to configure programs, respectively.
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.
In total, the corporate network consists of 650 personal computers, 24 physical and 76 virtual servers, 10 storages of information and various switching equipment.
For the information systems users the Internet connection is provided to search and browse information.
Internal databases: coverage, updates, interlinks with external sources
The data from a number of sources (internal and external) are used while carrying out examination of applications for marks for goods and services:
- 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.
The internal databases are updated in the course of processing applications and within the respective state registers maintenance.
Establishment and maintenance of electronic search file: file building, updating, storage, documents from other offices included in the search file
Administrative management electronic systems (register, legal status, statistics, and administrative support)
V. PROMOTION ACTIVITIES AIMED TO SUPPORT USERS IN ACCESS AND EFFICIENT USE OF TRADEMARK INFORMATION
Office's library (if deals with trademark information): equipment, collection management, network of libraries in the country, cooperation with foreign libraries
In order to satisfy public needs for patent information in Ukraine necessary for studying and analysis in the process of creating, legal protection and use of IP rights, the Public Patent Documentation Collection (PPDC) functions within the structure of the Department of Patent Information Services, Consultations and Innovation Activity Promotion of Ukrpatent. The PPDC is the most comprehensive patent library in Ukraine available to the public (Intellectual Property Office Library).
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.
During 2019 the PPDC was updated with current publications of official bulletins of foreign IP Offices and the Bulletin "Industrial Property" on CD-ROM.
The PPDC provided for possibility to get information on trademarks published in the Bulletin "Industrial Property" (Book 2) on paper/digital carriers as well as the bulletins of foreign intellectual property Offices.
Free access to the PPDC materials was provided for visitors in the reading room. The 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.
In 2019 the PPDC was attended by 82 users, including 5% of legal entities and 95% – individuals.
Information concerning the contents of the PPDC and its quarterly updates was published in the Information Files section on the website of Ukrpatent (http://ukrpatent.org/uk) and its Department of Patent Information Services, Consultations and Innovation Activity Promotion of Ukrpatent (http://iii.ua/).
Proper storage of the PPDC documents to meet applicable requirements and guarantee their safety was ensured during 2019.
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.
To enable users to make online access to the electronic information resources, such as the Digital Patent Library, the Internet access based on Wi-Fi technology was provided for users' convenience in addition to the traditional Internet access.
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.
The Department of Patent Information Services, Consultations and Innovation Activity Promotion of Ukrpatent also provided commercial services, including carrying out different types of search of information and documentation.
In 2019, the following commercial services related to trademarks were provided:
- 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;
- 314 consultations in the form of guidelines on preparing application materials for registration of a mark for goods and services;
- 7,706 searches for similarity and identity of marks;
- 7,062 title (firm) searches as for all IPRs, including trademarks, upon requests of arbitration managers and liquidators of enterprises in default and the Ministry of Justice of Ukraine;
- 17 sets of materials for filing trademark applications for international registration;
- 25 sets of materials on transfer of exclusive proprietary rights to trademarks;
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.
In April 2017, the WIPO Depository Library was open on the basis of the Department of Patent Information Services, Consultations and Innovation Activity Promotion of Ukrpatent with the free-of-charge access to the documents.
Publications related to different business procedures and trademark information sources available to users, for example, books, brochures, Internet publications, etc.
The Ukrpatent website provides free access to:
- information on trademarks published in the Annual Reports and Annual Technical Reports of the Office on trademark information activities, quarterly issues of the Internet publication "Industrial Property in Figures" (statistical information);
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.
Cooperation with universities, technology and innovation support centers, etc.
Over the reporting year, with the purpose of updating patent collections of certain organizations of Ukraine (bodies of the national system of scientific and technical information, in particular the state and national libraries and universities, departments of which are entrusted with the appropriate patent information functions, including business innovative centres of universities) the Bulletin "Industrial Property" on CD-ROM was sent free of charge to the specified ones and some other organizations of Ukraine in accordance with the Registries of free-of-charge distribution approved in accordance with the approved registries of free-of-charge distribution.
Education and training: training courses, e-learning modules (URLs), seminars, exhibitions, etc.
Significant attention was paid to the skills upgrading of experts of the state system of intellectual property legal protection.
Detailed information on activities of the state system of intellectual property legal protection is published on the Ukrpatent website, in particular, in the quarterly issues of the Internet publication "Industrial Property in Figures", in the 2019 Annual Report.
In 2019, the Department of Patent Information Services, Consultations and Innovation Activity Promotion of Ukrpatent ensured the functioning of the Industrial Property Internet Exchange aimed at promoting domestic IPR, including trademarks, on the market, encouraging the development of inventive and innovative activities, increasing the level of public awareness on the intellectual property importance and informing a wide range of stakeholders.
In total, 147 projects were prepared, published and updated in the Industrial Property Exchange in the reporting year.
The Industrial Property Internet Exchange is accessible at http://exchange.iii.ua/uk
VI. INTERNATIONAL COOPERATION ACTIVITIES IN THE FIELD OF TRADEMARK INFORMATION
International exchange of trademark information in machine-readable form (e.g., Official Gazettes)
The functions of patent documentation international exchange are performed by Ukrpatent, recognized in 2003 by the law as the Centre of International Exchange of Publications according to the Convention on International Exchange of Publications, adopted on December 3, 1958 by the UN General Conference on the matters of education, science and culture.
In 2019, in the framework of international exchange Ukrpatent :
- received official bulletins from foreign patent offices with information regarding trademarks;
- sent the Bulletin "Industrial Property" on CD-ROM to 6 foreign patent offices ;
- provided access via the FTP server to the Official Bulletin "Industrial Property" for the patent offices of Japan, Austria and Rospatent;
In addition, during 2019 Rospatent had also access via the FTP-server to data which are published in the National CD-ROM "Marks for Goods and Services Registered in Ukraine".
Participation in international or regional activities and projects related to trademark information
In 2019 the Ministry and Ukrpatent representatives continued international cooperation with the WIPO in the intellectual property sphere as well as related to the European Union (EU) projects.
Within the framework of international cooperation, Ukrpatent specialists participated (online) in the activities of four Task Forces of the Committee on WIPO Standards (CWS) and other CWS projects:
- Legal Status Task Force;
- Trademark Standardization Task Force;
- Part 7 Task Force (Handbook on Industrial Property Information and Documentation);
- Public Access to Patent Information Task Force.
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.
Assistance to developing countries
VII. OTHER RELATED MATTERS
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.
In 2019, there were no significant changes in the functioning of the Ukrpatent QMS.