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Presented by: António Campinos President of Directive Council. Co-Create the Trademarks and Designs Registration System to strengthen its value and its use * INPI Portuguese Industrial Property Office. Geneva, 18 September 2009. INPI.

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slide1

Presented by:

António Campinos

President of Directive Council

Co-Create the Trademarks and Designs Registration System to strengthen its value and its use

*

INPI

Portuguese Industrial Property Office

Geneva, 18 September 2009

slide2

INPI

INPI - Instituto Nacional da Propriedade Industrial, IP

    • 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

slide3

INPI

INPI’s Organics

Directive Council

Unique Inspector

Consulting Council

Legal Office

Quality System Manager

Information System Office

Trademark and Patents Office

International Relations and Promotion of Innovation Office

Organization and Management Office

slide4

Strategic Goal

Co- Creation and Quality

- A new way for value creation

The active involvement of clients, based on experience of relationship,

allows extracting operational and strategic value for both parties,

when developing the following factors :

+

Value for

INPI

Value for INPI

ProActivity

Innovation

with Value

Passivity

+

Value for

Client

Value for Client

slide5

Implementation of strategy

Guidelines

Simplify and streamline Procedures: optimization of the flow and information procedures and enforcement of staff skills

Provide user with on-line services : e-Government / New electronic services

Promote competitiveness of the IP System : reducing bureaucratizationand costs / improve process and product quality

slide6

Procedure’s Simplification

Legal simplification: Principal actions (DL 18/2008)

  • 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;
slide7

Procedure’s Simplification

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
slide8

Procedure’s Simplification

Trademark’s Procedure

Application

Application’s publication

Grant

Formal Exam

Opposition

Exam

1 Week

1 month

2 months

slide9

Procedure’s Simplification

Design’s Procedure

Application’s Publication at IP Bulletin

No Opposition:

Grant’s Publication on IPB

Application

filling

Formal aspects exam

Time path to present opposition

2 months

1 month

3 months

slide11

e-Government /New On-line 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)
slide12

e-Government /New Electronic Services

Several search criteria\'s, including,

Phonetic Similarity

slide13

e-Government /New Electronic Services

Search in images without any restriction

Innovating Service

slide14

e-Government /New Electronic Services

On-line Filling for all types of Industrial Property Rights

slide15

e-Government /New Electronic Services

Automatic on-line search at the filling act for all

in force Portuguese

Rights

Innovating Service

slide16

e-Government /New Electronic Services

Process visualization, with access to its several elements

slide17

e-Government /New Electronic Services

Integrated Payment System

slide18

e-Government /New Electronic Services

Exclusive Services for Special Clients (B2B)

Innovating Service

slide19

Major Results

Comparative Board of the main services supplied by INPI, between 2005 and 2008:

*Application with 1 Nice’s Classification class; **Patent application until 11 claims; ***Trademark renewal

slide20

Major Results

Annual Evolution 2001-2008

Trademark Applications

slide21

Major Results

Annual Evolution 2001-2008

Design Applications

slide22

Major Results

Time Pendency for trademark decision

slide23

Major Results

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

slide24

Major Results

Benefits for INPI

Note: The financial results were projected annually to allow impound of not only the

absolute impact but also of the relative impact

slide25

Major Results

Costumer Satisfaction Survey:

First Trimester of 2009– Global Results of New On-line Services

slide26

The Way Forward at National Level

IP Promotion and Support Projects:

PAGE – Large Companies Approach Program

  • - 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 days - Foster IP use in Universities / Companies

- 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

slide27

The Way Forward at National Level

IP Promotion and Support Projects:

UIPP Second Generation – 2.0

  • - 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

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.

slide28

The Way Forward at International Level

EU Cooperation Projects:

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…
slide29

The Way Forward at International Level

WIPO CooperationProjects:

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.
slide30
INPI Contacts:

Costumer support line: 808 200 689

Fax: 21 886 98 59

e-mail:[email protected]

Site: www.marcasepatentes.pt

Adress:Campo das Cebolas,

1149-035 LISBOA

Personal Contacts

António Campinos

President of Directive Council

Phone:

+ 351 21 881 8100

e-mail: [email protected]

Thank you for your attention

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