presented by: antónio campinos president of directive council geneva, 18 september 2009 co-create...
TRANSCRIPT
Presented by:Presented by:
António CampinosPresident of Directive
Council
Geneva, 18 September 2009Geneva, 18 September 2009
Co-Create the Trademarks and Designs
Registration System to strengthen its
value and its use
*
INPI
Portuguese Industrial Property Office
is a Public Institute
with administrative and financial autonomy
with own resources
... Created with the propose of promoting IP System … with 141 collaborators
Proceeds its attributions under the superintendence of Ministry of Justice
INPI - Instituto Nacional da Propriedade Industrial, IP
INPI
INPI’s Organics
Unique Inspector
Unique Inspector
Directive CouncilDirective CouncilDirective CouncilDirective Council
Consulting Council
Consulting Council
Legal OfficeLegal Office
Information System Office
Information System Office
Organization and Management OfficeOrganization and
Management OfficeTrademark and Patents Office
Trademark and Patents Office
International Relations and Promotion of Innovation Office
International Relations and Promotion of Innovation Office
Quality System Manager
Quality System Manager
INPI
Co- Creation and Quality- A new way for value creation
Strategic Goal
Dialogue Accessi-bility
RiskPerception
Transpa-rency
Value for Client
Value for INPI +Value
forINPI
+Value
forClient
Innovationwith Value
The active involvement of clients, based on experience of relationship,allows extracting operational and strategic value for both parties,
when developing the following factors :
Passivity
ProActivity
Guidelines
1. Simplify and streamline Procedures: optimization of the flow and information procedures and enforcement of staff skills
2. Provide user with on-line services : e-Government / New electronic services
3. Promote competitiveness of the IP System : reducing bureaucratization and costs / improve process and product quality
Implementation of strategy
Legal simplification : Principal actions (DL 18/2008)
Procedure’s Simplification
Elimination of requirements : elimination of bureaucracies standing in the way of the public and companies. The costs of protection have been reduced and can now be redirected to investment in innovation
- It is no longer compulsory for interested parties not having a business or residence in Portugal to appoint a representative to work with INPI;- It is no longer compulsory to acquire a registration document;- Periodical presentation of a statement of intent to use a registered trademark is no longer required.
New forms of protection: Some protection instruments have been adapted to the market requirements.
Design
- An examination of designs or models for novelty and unique nature is done only in case of an opposition to the registration, making it possible to achieve protection faster. INPI continues to allow the possibility of requesting a search in the relevant databases; - The number of objects that can be included in a multiple application for designs or models has been increased from 10 to 100;
Legal simplification : Principal actions (DL 18/2008)
Procedure’s Simplification
New forms of protection: Some protection instruments have been adapted to the market requirements.
Trademarks and logotypes
- Establishments Names and insignias will now be included under logotypes;- Making it easier to manage industrial property rights portfolios and avoid the use of multiple protections for the same purpose
Shorter waiting times : New measures have been introduced to speed up protection, though without any loss of quality of service provided by INPI
- Notifications of decisions to grant protection are immediate through the Industrial Property Bulletin, or by text message or email
- It is no longer possible to request several extensions of the duration for acts at INPI- There has been a reduction in time limits for responding to some INPI notifications
Longer times : some time limits for acts submitted at INPI have been extended
- The time limit for suspension of the processes’ study has been extended, thereby facilitating the amicable settlement of disputes
Grant
Application
Application’s publication
2 months
Opposition
1 Week
Exam
1 month
Formal Exam
Trademark’s Procedure
Procedure’s Simplification
Applicationfilling
3 months
2 months1 month
Formal aspects exam
Application’s Publication at IP
Bulletin
Time path to present opposition
No Opposition:Grant’s Publication
on IPB
Design’s Procedure
Procedure’s Simplification
e-Government /New Electronic Services
On-line Search for all types of IP Rights (free)
On-line Legal Status of Applications (free)
On-line Legal Status of IP Rights (free)
On-line Applications of IP Rights (Medium discount of 50%) On-line Management Acts (Medium discount of 50%) On-line Payments (ATM e Credit Card) On-line daily publication of IP Bulletin (free)
e-Government /New On-line Services
Several search criteria's, including,
Phonetic Similarity
e-Government /New Electronic Services
Search in images without any restriction
Innovating Service
e-Government /New Electronic Services
On-line Filling for all types of Industrial Property Rights
e-Government /New Electronic Services
Automatic on-line search at the filling act for all in force PortugueseRights
Innovating Service
e-Government /New Electronic Services
Process visualization, with access to its several elements
e-Government /New Electronic Services
Integrated Payment System
e-Government /New Electronic Services
Exclusive Services for Special Clients (B2B)
Innovating Service
e-Government /New Electronic Services
Major Results
2005 2008
Base of presentatio
n
Nº of presentations
Price Base of presentationNº of
presentationsPrice
Trademark Application(Registry + Grant + Taxes)
Paper12.318applications/year
211,98€*
Online automatic integrated search ATM Payment
22.152applications/year (91,1% on-line)
115 €* (50% on-line discount)(only includes obligatory acts)
Patent/Design Application
Paper479applications/year
320,23€**
Online safe connection https ATM Payment
963applications/year (72,65% on-line)
90 €**(50% Patent on-line discount; 50% Design on-line discount)
Other Acts Application
Paper99.344acts/year
46,49 €***
Online digital signature (with Portuguese ID Card) ATM Payment
94.031applications/year (76,7% on-line)
45 €***(50% on-line discount)
Search Electronic Request
3.233applications
20€
Online advanced search (phonetic) search in images
79.969searches /year(~100% on-line)
Free
Procedures Information
Electronic Request
832solicitations
6 €
Online detailed information of procedures elements
1.854.394consultations/year(~100% on-line)
Free
Industrial Property Bulletin
Paper
4.200Impressed Bulletins/year
38 €Online daily on-line publication
515.528accesses/year
Free*Application with 1 Nice’s Classification class; **Patent application until 11 claims; ***Trademark renewal
Comparative Board of the main services supplied by INPI, between 2005 and 2008:
Major Results
Annual Evolution 2001-2008
Trademark Applications
Major Results
Annual Evolution 2001-2008
Design Applications
Time Pendency for trademark decision
Major Results
Time Pendency - Without Opposition
0
5
10
15
20
2002 2003 2004 2005 2006 2007 2008 2009
Year of the Application
Mo
nth
s
Time Pendency - With Opposition
05
1015202530
2002 2003 2004 2005 2006 2007 2008 2009
Year of the Application
Mo
nth
s
Benefits for Enterprises/Citizens
Note: The financial results were projected annually to allow impound of not only the absolute impact but also of the relative impact
Major Results
On-line Acts Discounts
661.213€ applied at Trademark’s application discount 56.329€ applied at Patents and Design application’s discount 1.320.660€ applied at other acts application’s discount
Free Searches, free procedures information and free IP Bulletin
Searches – 1.599.380€ at 2005’s price Information – 1.112.6364€ at 2005’s prices IP Bulletin – 890.457€ at 2005’s price
Reduction of exam’s time path Reduction from 11,5 months for 3 months at Trademark’s and other distinctive signs procedures
Other benefits
Available 24x7, 365 days/Year Time economy Travel costs Immediate results/information
Note: The financial results were projected annually to allow impound of not only the absolute impact but also of the relative impact
Major Results
Benefits for INPI
Reductions of paper and printing costs
Searches - reduction of 39.985€ in printing costs Information – reduction of 556.318€ in printing costs Bulletin – reduction of 64.000€ in printing costs/INCM
Human Resources On-line treatment allowed transfer several employees from documents entrance treaty to the formal/exam tasks
Automatic validations The automatic mechanisms integrated at on-line applications allow the correct applications submission, making the formal/Exam tasks easier and faster.
Costumer Satisfaction Survey:First Trimester of 2009– Global Results of New
On-line Services
Major Results
Internet
Telephone
Front-Office
2%
20%
58%
20%
1%
12%
38%
49%
0%
16%
66%
18%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Cla
ss
ific
ati
on
s
Services
Costumer Satisfaction Survey
Excellent
Good
Sufficient
Negative Opinions
The Way Forward at National Level
PAGE – Large Companies Approach Program
IP days - Foster IP use in Universities / Companies
IP Promotion and Support Projects:
- Meetings with inventors/researchers: Evaluation of patentability of new research; - Workshops : Patentability; Searches; Basic claim writing. - Support to TTO’s: INPI’s resources made available directly in case of specific needs
- Establishment of a systematic approach strategy to companies;- Promotion of the use of IPR and bring the Office closer to the companies;- Identify a traineeship for innovation managers:- Implementation of strategic events about IP, such as the IP Days;- Stimulating the interaction between the Office and companies;- Increase the number of patents…
IP Promotion and Support Projects:
The Way Forward at National Level
- To promote and disseminate Intellectual Property;- To implement a training policy under the IP Academy;- Manage university patent and other IPR portfolios;- To strengthen the links between university and industry by promoting commercialization of research results, based on IPR.;
LAIP - Fund to support the internationalization of patents
UIPP Second Generation – 2.0
Fund to support the internationalization of patents developed by Universities, Inventors and Companies. They can benefit of an incentive concerning patent filling costs (fees, translations and patent attorneys honoraries. For the year 2009, this fund has a budget of € 500.000 and it’s totally financed by the surplus of the National Institute of Industrial Property.
EU Cooperation Projects:
The Way Forward at International Level
TMview: Online free EU-wide TM search database• 1st phase: OHIM, WIPO, Portugal, Denmark,
Benelux, Italy and United Kingdom
• Launch on the 21st of September 2009 (to be confirmed)
EuroClass: Online free Nice classification tool
• OHIM, Sweden, United Kingdom, Portugal, Czech Republic, Finland, Germany, Poland, Spain, Slovakia
• Online since 2006
Harmonization: Single common Nice Goods & Services list for all TM Offices in the EU
• Future…
WIPO Cooperation Projects:
Portuguese as a filing language of Madrid System
• Participation in the Project-Pilot proposed by the WG on the legal development of the Madrid System concerning the introduction of new filing languages.
WIPO Classification Assistant
• Web application aimed at assisting users of the Madrid system in composing lists of goods and services containing correctly classified indications. This prototype of e-classification tool will allow users to make searches in a database of acceptable indications of goods and services, validated by the International Bureau.
The Way Forward at International Level
INPI Contacts:INPI Contacts:
• Costumer support line:Costumer support line: 808 200 689
• Fax:Fax: 21 886 98 59
• e-mail:e-mail: [email protected]
• Site:Site: www.marcasepatentes.pt
• Adress:Adress: Campo das Cebolas,
1149-035 LISBOA
Personal ContactsPersonal Contacts
António CampinosPresident of Directive
Council
Phone: + 351 21 881 8100
e-mail: [email protected]
Thank you for your attention