Office for Harmonization in the Internal Market (Trade Marks and Designs)

2010Annual Report

CONTENTS 3 President’s message

4 At a glance

6 Office Performance

7 Overview

8 Income and personnel

9 Register

10 Working with others

11 Relations with users

11 E-Business

13 Cooperation within the EU

13 Cooperation outside the EU

15 Issues and Challenges

16 OHIM Cooperation Fund

18 Legislative changes

18 OHIM audits

19 Strategic plan

OHIM - Office for Harmonization in the Internal Market (Trade Marks and Designs)

Annual Report 2010

3A N N U A L R E P O R T 2 0 1 0

Welcome to our Annual Report for 2010.

This has been a very productive year for the Office for Harmonization in the Internal Market thanks to the hard work of our staff and the faith our users continued to show in the Community trade mark and design system during a very difficult period.

I would also like to pay tribute to our other stake-holders – the national offices in member states and the European Commission. They are cooperat-ing with us magnificently to make the Intellectual Property system in the EU work better for every-one involved.

Before talking about the challenges ahead for the Office, I would like to mention some highlights of 2010.

Despite all the external problems, the Community trade mark has continued to forge ahead, closing the year with record applications - around 11% up on the previous year. Community designs also bounced back with around 7% growth. On timeliness, the vast majority of trade marks were published within 11 weeks and registered within 26 weeks. While on oppositions, once seen as our weak point, there has been great progress. Designs are also hitting our targets and in fact, around 40% of them are now registered within 10 days. You will see the details in the section on Office Performance of this report, but has been a lot of progress and we are working hard to eliminate any remaining “backlogs”.

Of course, our customers, particularly during these hard times, have a right to ask us to do better.

The broad direction we need to take is clear. We must have more emphasis on quality and reinforce cooperation with all our stakeholders. That means the national offices, our international partners, the European Commission and, of course, the users.

The Office has already expressed the view that

new competencies in the field of IP could be taken on board. If the Euro-pean Commission considers that we can add value, we are ready to cooper-ate in whatever is in the best interests of IP users.

We believe we can do a great deal by creating the “knowl-edge base” to help other agents do their job more effectively and this will be the aim of another important project which we are launching: the creation of the OHIM Academy.

All this means that we need to ensure we have the staff and the tools required to do our current job better as well as being pro-active in some new areas of responsibility.

For that reason we have carried out a series of audits looking at staffing, IT systems, infrastruc-ture and finance to make sure we are properly resourced for the future.

We are also in continuous consultation with all our stakeholders – staff, National Offices and users as-sociations and the Commission – to better under-stand how we can further improve what we do, and how our role should evolve.

These consultations and the results of the audits will be used to shape the strategic plan for OHIM for the next five years.

Clearly 2011 will be a year of challenges. But I am happy to say it will also be a year in which we step closer to fulfilling the vision of the Office’s found-ers – to create a true harmonization office for the European Union.

President’s message

4 O H I M

At a Glance

43%

77278

CTM filed

88036 88207 98217

2008 2009 2010

RCD filed

79814 76566 81737

2008 2009 2010

CTMs published within 11 weeks (%)(Straightforward cases excl. opposed or appealed)

67% 93% 95% 98%

CTM e-filing (in %)

83% 90% 94%

RCDs registered within 45 days (%)

76% 81% 79% 81%

1st Quarter 2010 2nd Quarter 2010 3nd Quarter 2010 4th Quarter 2010

1st Quarter 2010 2nd Quarter 2010 3nd Quarter 2010 4th Quarter 2010

5A N N U A L R E P O R T 2 0 1 0

At a Glance

Staff

Teleworkers: 140

Total Staff: 705

€217

€194

€180

€143 €146

€158

1815

1588

2570

1866 1848 1787

2008

2009

2010

2008 20092010

Income

Expenditure

Income & Expenditure(in millions of euros)

Appeal decisions

Appeals filed

Appeals

6 O H I M

Office Performance

7A N N U A L R E P O R T 2 0 1 0

Overview

During 2010 there were significant improvements in the speed of publication and registration of Community trade marks, and also, in the opposi-tion process.

This progress took place while CTM applications returned to strong growth and registered Com-munity design applications recovered compared with the previous year. For designs, the Service Charter timeliness objective was met and slightly exceeded.

As a result of the increased pace of CTM opposi-tions, the Boards of Appeal experienced a major increase in the number of appeals filed. Neverthe-less, the Boards closed more cases and made more decisions than the previous year.

Trade Marks

By the end of 2010, more than 98,000 applications had been received, with Madrid Protocol applica-tions representing 14% of the total. This was 8% more than the Work Programme estimate and 11% up on the previous year.

In spite of the steady increase in applications, processing times continued to fall. By the end of 2010, 98% of CTM applications for straightforward files (not experiencing opposition or appeal) were being published within the Service Charter stan-

dard of 11 weeks and 95% were registered in 26 weeks.

Performance on oppositions also showed a sub-stantial improvement during the year. The num-ber of decisions taken by the Office rose sharply compared with previous years as a result of the introduction of new working methods, and extra staff resources.

The current opposition Service Standard is to notify the decision within 17 weeks from the end of the adversarial proceedings. By the end of 2010, the target was being met in 76% of cases, and in practice, around half the decisions were notified within seven weeks.

Meanwhile the level of quality for oppositions at 98% compliance with the office’s quality criteria, in the final quarter was higher than the 95% target.

On examination on absolute grounds the target of 99% compliance is currently being reached as is the target of 96% compliance on classification of goods and services.

Designs

The number of registered Community designs received also showed growth overall of around 7%, taking into account international applications. Direct filings were at around 75,000 and interna-tional applications showed a 50% rise compared with 2009 to reach a total of 7,000.

80000

85000

90000

95000

100000

2010200920082007

88473 88036 88207

98217 0

20%

40%

60%

80%

100%

2010200920082007

43%55%

70%76%

Office Performance

CTM applications received (2007-2010)

Opposition decisions within 17 weeks (%)

8 O H I M

By the year end, over 80% of RCDs were being registered within the target time of 45 days, meeting the Service Charter objective. In addition, around 40% were published within 10 days and some, complying with a few simple guidelines, within 48 hours. At the same time, the office continued to comply with the established quality standard.

Appeals

The Boards of Appeal saw a 60% increase in the number of appeals filed compared with 2009, largely due to the increased pace of opposition decisions. By the year end, 2,423 appeals had already been received, compared with 1,588 during all of the previous year. The Boards made around 1,800 decisions in 2010 and by the end of

the year around 90% of ex-parte and inter-parte decisions were being notified within six months.

The original OHIM decision was upheld in 80% of ex parte cases, which involve matters such as whether something is eligible to be a trade mark. In inter partes cases, such as appeals from opposition decisions, the Boards upheld the original decision in over 65% of cases.

Income and Personnel

The return to growth in applications meant that income was just under €180m, in spite of the 40% cut in trade mark fees introduced in May 2008. This produced a surplus over expenditure of €26m.

Staff

OHIM’s staff is drawn from all over the EU and includes many highly-qualified individuals drawn to Alicante in Spain by the prospect of working for one of the world’s leading IP offices.

In 2010 the Office had a total of 705 staff, including 140 teleworkers, made up of permanent or temporary civil servants and some employment agency workers. In addition, hundreds more jobs are maintained in companies providing support functions, or in leading IP firms attracted to the Alicante area by the Office’s presence.

Office Performance

Designs received (inc. International Apps) (2007-2010)

0

15000

30000

45000

60000

75000

90000

2010200920082007

77278 79814 7656681737

Appeals Received Versus Appeals Decisions (2007-2010)

Income and Expenditure (years 2007-2010, millions of euros)

143

€100m

€150m

€200m

€250m

ExpenditureIncome

2010200920082007

197217

194180

143 146158

1776 1866 1848 1787

1000

1500

2000

2500

3000DecisionsReceived

2010200920082007

1952 1815 1588

2570

9A N N U A L R E P O R T 2 0 1 0

In the latter part of the year, there were significant changes in a number of top posts at the Office. In October, a new President, António Campinos, took office followed by a new Vice-President, Christian Archambeau in December.

The importance of our staff is explicitly recognised in the Office’s Work Programme for 2011 which includes, as one of our strategic goals, building “a strong, vibrant, organisational culture that supports the Office itself, characterised by inclusion, encoura

Register

OHIM’s Register contains details of around 360,000 owners and 40,000 representatives, with numbers growing every year. Changes and entries to the Register include transfers of ownership, seniority claims, licences, claims for cancellation or invalidity, divisions of trade marks, requests for conversion of a CTM application into one or more national applications, and also correction of errors. In the final quarter of 2010, 93% of all transfers of ownership were completed within 14 days.

Inspection of File Requests involve printing and sending out paper copies for customers who need them. Thanks to the Online Access to Files for trade marks, users can access all published CTMs via CTM Online and review the file content themselves, free of charge and without the need of intervention by OHIM. Nevertheless, OHIM continues to receive close to 12,000 Inspection of File requests each year. By the year end, 88% of such requests were being handled within 14 days.

The Register also deals with around 40,000 requests per year from owners and representatives wishing to change details such as names and addresses. Pending the introduction of the planned Electronic Register service, which will allow these changes to be made directly by users, OHIM introduced a simplified paper form in October to streamline requests for these frequently asked for changes.

Office Performance

10 O H I M

Working with others

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Relations with users

OHIM has always put emphasis on understanding users of the Community trade mark and design systems, and responding to their needs.

In addition to the regular contacts via the OAMI Users Group and E-Business Users Group, five user organisations have been sitting as observers on the OHIM Administrative Board and Budget Committee since 2008.

On the successful completion of an initial two-year trial, the ABBC voted in November 2010 to expand the representation of user organisations at meetings from 2011 onward. The five existing user organisations were confirmed as observers for another four years. In addition, it was agreed to create two additional observer positions, to be offered to other eligible user organisations on a strict yearly rotation basis.

Under the agreement the existing observers - AIM, BUSINESSEUROPE, ECTA, INTA and MARQUES continue until 2014. In addition, APRAM and CNIPA will be invited as observers to the 2011 meetings; EFPIA and FICPI will be invited in 2012; GRUR and ICC in 2013; and UNION and APRAM in 2014.

The new arrangements were agreed given the success of the pilot exercise, and the need to ensure the largest possible representation of the users of the Community trade mark and design systems. They are designed to maintain a reasonable balance between openness, efficiency and the smooth running of the meetings, and an appropriate balance between rotation and stability in the representation of users.

In addition to this kind of active involvement on OHIM’s governing bodies, there is contact with users at many other levels.

Increasingly, OHIM is consulting customers, either directly or via user associations, to make sure that we are developing the right e-Business tools for their needs.

The Information Centre answers queries directly by telephone and e-mail and helps solve customer problems, and there is there is careful analysis of complaints.

We also get regular feedback by holding e-business workshops in European cities, have an active programme of visits to customers on their premises, and organise online workshops on demand.

The OHIM website remains our most important information resource. The content, in five languages, is updated daily, and it’s the home for the office’s monthly electronic magazine, Alicante News, which now has over 8,000 e-mail subscribers.

OHIM believes that being accessible is a very important in maintaining good relations with users, but we also consider that the Internet is changing attitudes towards what is considered as “personal contact” and is opening a new world of convenient, reactive information exchanges.

Hence, we are also communicating with customers using new tools such as Twitter and YouTube and are actively investigating a whole range of other “Web 2.0” technologies, which allow us to interact with users more effectively in the Internet age.

E-Business The majority of OHIM’s exchanges with customers now take place electronically and with the continued rise of the importance of online tools, the Office has been investing significant sums annually in e-Business. This investment has been aimed at providing top quality customer service, user-friendly tools, and more efficient file handling behind the scenes.

E-filing is now the preferred route for most users. During 2010, the use of the CTM e-filing web form was steady at around 94% of filings, excluding filings under the Madrid Protocol. For RCDs,

Working with others

12 O H I M

e-filing reached around 68% of the total; and 29% of oppositions against CTM applications were being received electronically. Users of MyPage, the personalised tool helping users to do e-Business with OHIM, accounted for 56% of all CTM filings.

The availability of E-Certificates for both CTMs and RCDs has also been an important innovation, making the delivery of certificates both faster and more convenient for customers. The preferred means of communication is now also often electronic, so the year saw improved an improved E-Communication tool for MyPage users, the introduction of E-mail alerts using the CTM Watch system, and various measures to streamline interchanges with the Office.

With the rapid growth of electronic tools, something like 80 processes are now handled by

computers and OHIM has 60 different databases for internal and external use. While the Office has always tried to accompany this organic growth of tools with the development of user-friendly interfaces, 2010 was a year in which we also tried to take stock of the overall shape and future direction of Information Technology.

One of a series of audits on support services, launched towards the end of the year, was devoted to IT, and the questions posed included: Are these systems really simple and efficient

enough?

The Office is committed to creating and maintaining world-class e-Business tools, both for our own use and to share with our partners in national IP offices in EU member states.

In order to ensure that development of these important IT tools is not done in a vacuum, OHIM regularly consults users and is increasingly involving them in hands-on trials that allow feedback to be incorporated into improvements in both the functions offered and the interfaces.

Twice a year OHIM organises e-Business users’ group meetings bringing together 13 participants from different areas of Business - representatives, well-known companies and interested NGOs - in order to inform them about OHIM’s online services, exchange views and get the user’s perspective.

In parallel to the global “re-think” of our IT services foreseen as a result of the audits, a number of significant e-Business projects are already planned for the early part of 2011.

These include an online opposition tool and an Electronic Register service. The register tool will automate management of CTM and RCD portfolios, allowing direct online changes of representatives, ownership transfers and amendments of personal data. In parallel, a new, improved version of MyPage is currently under development, and the common search platform (eSearch Plus) to replace CTM Online, RCD Online and Online Access to Files is also at an advanced stage.

E-Filing (CTM and RCD, 2007-2010)

0

20

40

60

80

100RCDCTM

2010200920082007

33

78 8390 94

40

6068

Working with others

13A N N U A L R E P O R T 2 0 1 0

Cooperation inside the EU

OHIM holds a wide range or cooperation and consultation meetings with stakeholders in EU including national IP offices, the European Commission user groups and representatives of the judiciary.

Each year we hold well-attended liaison meetings with national offices, on trade marks, designs and technical/IT issues. The meetings are used to exchange best practice, and discuss innovations. In 2010, for example, the technical liaison meeting examined the potential of “cloud computing”.

With regard to cooperation with the judiciary, OHIM runs a highly-regarded seminar series for judges in the CTM and RCD courts in EU member states. During 2010 and 2011 the judges’ seminars are expected to bring over 400 judges to Alicante to discuss enforcement issues.

There’s also a long history of cooperative projects with various stakeholders, on training, information, and on e-learning and e-business resources. This including significant collaboration on databases and information tools, including the well-known TMview project, combining data from trade mark databases, and the EuroClass classification project.

Since 2009, the €50m OHIM Cooperation Fund (see separate chapter) has acted as an important vehicle for continuing a variety of cooperation activities including TMview, and EuroClass, and supporting a wide range of new projects.

Cooperation outside the EU

The global dimension of trade means that many of CTM and RCD users also have to deal with IP systems in the US, the Far East, and many other countries.

The differences in IP systems in these jurisdictions often cause problems for rights holders and part of OHIM’s mission is to help harmonise, where possible, the rules and regulations, in discussion with other offices and agencies.

OHIM’s goal is to help to create simpler, more responsive and more compatible systems for the benefit of users internationally. Some of this may be achieved by making rules, but the Office is also involved in a wide range of cooperative exchanges with the European Patent Office (EPO), the World Intellectual Property Organization (WIPO), the Trilateral partners and third countries including major trading partners such as China.

In 2010 OHIM funded cooperation actions or contributed to EU-funded programmes in China and the Regional IP programme in Western Balkans and Turkey.

In China, OHIM is the main expertise provider on trade marks and designs for the EU-China IPR2 programme. Comparative studies completed last year have been followed up by workshops to exchange best practices. Senior staff have also been involved in the revision of the Chinese trade mark law; we have taken part in seminars in various parts of the country and have renewed the pre-existing bilateral ties. The work in China is carried out in cooperation with the European Patent Office, which is the programme manager for IPR2, and this partnership has created sound foundations for further collaboration in this and in other areas.

In parallel, OHIM’s maintains an IP officer in Beijing, in order to help EU stakeholders navigate through the difficult waters of IP enforcement in China. Through coordinated action with the different attachés in the embassies of EU member

Working with others

14 O H I M

states, we have provided support to many leading EU companies, in close collaboration with the Commission’s DG Trade.

For the future, the Commission is currently reflecting on the next cooperation programme in China, including an IP component. OHIM would like to reinforce the support role that we provide to EU stakeholders in coordination with the EU attachés in Beijing and explore reinforced cooperation with WIPO, EPO and national offices to improve the promotion of the European registration systems among the Chinese user community.

In the Western Balkans and Turkey, OHIM has provided expertise for the Commission’s regional programme on IP, which is also managed by the EPO. Experts supported 15 different events in Serbia and Montenegro and carried out specific actions with the Turkish authorities in the revision of examination guidelines for both trade marks and designs.

During 2010 OHIM continued to play an active part in the Trilateral arrangements with the US Patent and Trademark Office (USPTO) and Japan Patent Office (JPO). The Trilateral meetings consider projects of mutual interest of benefit to trade mark users worldwide. Current projects include the harmonisation of classification of goods and services using a classification manual common to the three offices.

At the 2010 Trilateral meeting it was agreed to set up a working group to analyse the technical requirements for the USPTO and JPO joining the TMview project, which aims to create a common searchable database of trade marks in the EU and beyond. The meeting included the World Intellectual Property Organization, user representatives and other international partners as observers.

On trade mark classification the Trilateral partners agreed to consider further expansion of participation to other countries in the Trilateral

Identification project, and OHIM is to propose measures to ensure compatibility between the Trilateral ID project and the European harmonisation efforts currently underway.

The Trilateral included users as observers for the first time and it has been decided to hold another user session at next year’s meeting. It was also agreed to invite the Chinese and Korean authorities and WIPO as observers and to continue exchanging information about enforcement.

Following discussion of the design system and practices in different offices it was agreed to include a design session at future Trilaterals, including the examination of priority claims, quality checks, and view/drawing requirements.

Working with others

15A N N U A L R E P O R T 2 0 1 0

Issues and challenges

16 O H I M

OHIM Cooperation Fund

The Fund was set up in 2009 to promote harmonization of tools and practices and modernise national IP offices with the ultimate goal of making things easier for users of the European trade mark and design systems.

A Management Board for the Fund, chaired by Lord Mogg, advises OHIM’s President on the identification of projects, the allocation of spending, and the rules that should govern the management of the Fund.

A total of 23 projects under four different fields is planned under the Cooperation Fund:

• Harmonization (including TMview), the common classification database for goods and services, and the seniority database.

• A suggested list of software packages (e-filing, e-opposition, e-cancellation, e-renewal and e-payment) to support national offices in providing easier access to trade mark and design protection.

• Information services comprising communication and training initiatives to help companies to better understand the CTM and RCD systems.

• Activities to facilitate the enforcement of trade mark and design rights, helping the work of judges, customs and other relevant authorities. One future project planned will create a multi-modular tool allowing IP enforcement authorities to consult information on registered trade marks and designs, as well as contact information for right holders and other information to allow detection of counterfeit goods. A second project will elaborate a common counterfeiting data collection standard, with a support tool for the management of such a collection.

National Offices and Users’ Associations have been closely involved in the definition of the projects and will participate in their development.

A special section on OHIM’s website provides up-

to-date information on the Cooperation Fund and the progress of current projects.Website address:http://oami.europa.eu/ows/rw/pages/QPLUS/OHIMCooperationFund.en.do

TMview

TMview went “live” in April 2010 and with the integration of data from France in January 2011 users will have access to more than 5 million trade marks with data drawn from 13 offices: OHIM, WIPO, the UK, Czech Republic, Italy, Benelux, Portugal, Denmark, Spain, Slovakia, Slovenia, Estonia and Bulgaria. France will soon be in production, while others will follow (Romania, Germany, Greece, Ireland, Lithuania, Malta, Poland and Sweden). Around 139,000 visits have been made since go-live. In addition, OHIM’s Trilateral partners, the USPTO and Japan Patent Office have agreed to do a feasibility study on the practicality of adding their trade mark data, turning the project into a truly global tool.

EuroClass

EuroClass, in production since 2006, provides transparency in the access to classification information through one single gateway. 17 Offices currently show their classification lists under this tool and ten more are in the process of integration.In addition to the already-existing TMview and EuroClass projects, eight new projects were launched in 2010 and are expected to make significant progress during 2011.

New projects:

• Search image Covering the creation of an image search functionality that could later be integrated into TMView, DesignView or other software.

• Seniority Aiming to support national offices in including details of seniority claims in their databases.

• Quality Standard Meeting the request of several offices to

Issues and Challenges

17A N N U A L R E P O R T 2 0 1 0

Issues and Challenges

enhance work on quality certification of processes and systems, initially by achieving agreement on a Common Service Charter.

• DesignView Applying the principles of TMView to designs.

• Similarity of Goods and Services Creating a searchable database with the aim of harmonize methods for assessing the similarity of Goods and Services.

• Common Examiner Support Tool (CESTO) Assisting examiners in making consistent, more predictable decisions which take account of all appropriate soureces of information.

• E-learning Providing a platform for electronic training on CTM and RCD matters, as well as national registration systems.

• Common software architecture To make sure that all the new tools being developed are able to “talk to each other”, thus ensuring interconnectivity of the future software package to be developed under the Fund.

Investment

The direct investment for the completion of 10 Cooperation Fund projects (8 new plus TMview and EuroClass) is just under €18m of which €8.6m will be invested in 2011 in the current projects.

In January 2011 around 80 experts from 18 National Offices and five User organisations came to Alicante to take part in working groups for these new projects.

18 O H I M

Legislative changes

While the Community trade mark system works well, the changes in the business environment since the Regulation was designed and new ideas about the future role of the Office, mean that there will be a requirement for some legislative changes.

The Office has already expressed the view that new competencies in the field of IP could be taken on board. Should the European Commission agree with that, we are ready to cooperate in whatever is in the best interests of IP users.

At present the Commission has asked OHIM to get more involved in enforcement activities, namely to take a wider role in the EU’s Observatory on Piracy and Counterfeiting. The Office has existing expertise in this area. We run a well-regarded seminar series for judges in the CTM and RCD courts in EU member states and have also promoted awareness of counterfeiting through training and e-learning resources.

Moreover, we have developed a legal database of infringement cases drawn from throughout the EU and there are plans to create significant database information tools on enforcement through the OHIM Cooperation Fund.

Ultimately our goal is to becoming a more fully rounded IP office for the EU, helping it reach its goals in terms of competitiveness and innovation. This is something which the Office’s experience means it is well-placed to provide. It is also something that Europe needs if the undoubted success of the Community trade mark and design systems is to be translated into economic success for our customers in the EU’s single market.

A Commission Study on the Overall Functioning of the Trade Mark System was carried out by the Max Planck Institute, and is expected to be published early in 2011. This study was first suggested by the Council of Ministers in 2007 and was one of the elements agreed at the 2008 meeting of the

Administrative Board and Budget Committee on how to balance OHIM’s budget.

The Commission will start drawing up the legislative proposals and the related impact assessment. In practice, given the need for improved harmonization between the legal framework and practice at EU and national level, the Commission may decide to negotiate the revision of the Community Trademark Regulation and the revision of the Directive harmonizing National Trademark Laws as a package. The first presentations on the “package” of proposals, in the Council and European Parliament, are expected to start in October 2011.

OHIM regards the study as an historic opportunity to redefine the balance and coexistence between the Community trade mark system and the trade mark national systems and redefine the existing cooperation between OHIM and the central IP Offices of the EU Member states.

However, the Office believes that the political consensus for the unitary nature of the CTM must not be revisited or undermined – a view which was supported by the authors of the study and by the Commission and MEPs at a debate in the European Parliament.

OHIM audits

For the future the Office’s focus will be on improving the quality of our services and on cooperating more effectively with all our stakeholders. However, significant changes in the global business economy, including the arrival of the Internet as a major force, mean that it is time to rethink our mission.

It is essential that OHIM ensures that it has adequate resources to continue to improve in our existing registration tasks, providing quality and value for money, while at the same time taking on new responsibilities as the IP Office of the EU.

Issues and Challenges

19A N N U A L R E P O R T 2 0 1 0

We have launched a series of audits to make sure we are properly resourced for the future. Moreover, we are holding continuous consultations with National Offices, users, the Commission and other Institutional stakeholders to better understand how we can further improve what we do, and how our role should evolve in the future.

OHIM has been successful over the last few years in obtaining a level of operational excellence resulting in steady improvement of a number of key indicators such as number of trade marks processed, reduction in backlogs, overall headcount, etc. The audits have been commissioned in order to investigate the degree to which other aspects of the organisation had progressed during these years as well as to assess the readiness of these functions for performing some of the additional tasks being considered. Specifically, Audits have been performed in the areas of Human Resources, Information Technology, Physical Infrastructure, and Financial Results.

Strategic plan

As already mentioned in the “Legislative Proposals” chapter, the Office has expressed the view that new competencies in the field of IP could be taken on board. Hence, if the Commission considers that we can do more to help complete an effective internal market, we are ready to accept the challenge.

This is necessary, because the work of OHIM does not take place in a vacuum and the EU needs a central point where professional, academic, or policy ideas on IP coalesce into concrete actions.

There future may hold new registration takes but, in addition, OHIM expects that part of its evolution will be to become a true “knowledge business” as well as an IP registration Office.

We are already involved in intensive professional training for our staff, have links with universities,

interchanges with judges and other professionals, and contribute to education for business people, information on IP for the public are all our business.

Looking ahead, we believe the Office can do a great deal by creating the knowledge base – both literally and figuratively – to help other agents do their job more effectively and this will be the aim of another important project which we are launching: the creation of the OHIM Academy.

OHIM has a motivated, multilingual staff, many with broad experience in Intellectual Property matters, and a significant number who are highly qualified lawyers. Tapping into this well of expertise seems a natural evolution.

The Office’s Work Programme for 2011 sets out a number of strategic goals, including building a “strong, vibrant organisational culture” encouraging participation, and the best efforts of all employees. Other goals relate to reaching full electronic business, continually improving service standards and consistency of decisions, increasing efficiency of our processes, and cooperating with other IP offices to promote global convergence of practices and create common interfaces and platforms.

The audits mentioned above, together with the input that is being received from the staff of the Office, the users and the National Offices, are the basis for a strategic plan that will take OHIM forward for the next five years and beyond.

This plan will ensure that we are positioning the office in a way in which we can both improve as a registration office, and take on new tasks in order to deliver maximum value to the EU and to all our stakeholders.

Issues and Challenges

TB-AC-11-001-EN-N

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