presented by: antónio campinos president of directive council

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)


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


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


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


Search in images without any restriction

Innovating Service


On-line Filling for all types of Industrial Property Rights


Automatic on-line search at the filling act for all in force PortugueseRights

Innovating Service


Process visualization, with access to its several elements


Integrated Payment System


Exclusive Services for Special Clients (B2B)

Innovating Service


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

presented by: antónio campinos president of directive council

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