PRESS DOSSIER Office for Harmonization in the Internal Market (OHIM) 2016 JANUARY.

Size: px

Start display at page:

Download "PRESS DOSSIER Office for Harmonization in the Internal Market (OHIM) 2016 JANUARY."

Job Long
5 years ago
Views:

1 PRESS DOSSIER Office for Harmonization in the Internal Market (OHIM) 2016 JANUARY

3 01 What is OHIM? 02 European Union trade marks and designs 03 Strategic plan 04 The European Observatory on Infringements of Intellectual Property Rights 05 Quality and commitment to users 06 Our headquarters 07 Commitment to the province of Alicante INDEX

Alicante (Spain), was set up in 1994 to manage Community trade marks

Since 2010, OHIM has been headed by Portuguese national, António

OHIM is the largest Community agency in terms of staff in all of the

Its main activity is to register trade marks and designs, which are

SMEs and multinationals alike from all over the world use Community

approximately 500 million inhabitants and 28 Member States.

Infringements of Intellectual Property Rights.

4 DOSSIER DE PRENSA 01 WHAT IS OHIM? The Office for Harmonization in the Internal Market (OHIM), based in Alicante (Spain), was set up in 1994 to manage Community trade marks (CTMs) and, later, in 2003, Community designs (CDs). Since 2010, OHIM has been headed by Portuguese national, António Campinos. OHIM is the largest Community agency in terms of staff in all of the European Union (EU) and has full legal and financial autonomy. Its main activity is to register trade marks and designs, which are highly valuable intangible assets for companies. SMEs and multinationals alike from all over the world use Community trade marks and designs to operate in the EU, a market with approximately 500 million inhabitants and 28 Member States. This remit was extended in 2012 with the European Observatory on Infringements of Intellectual Property Rights. At the same time, the Office promotes cooperation activities with intellectual and industrial property offices in the Member States and throughout the world. Staff work in five languages English, French, German, Italian and Spanish and process applications in 23 Community languages. HITOS 4

are highly valuable business tools and one of the most valuable

Protecting them via registration is the only way to allow creators

protection in the 28 countries of the EU. WHAT IS A TRADE MARK?

5 02 COMMUNITY TRADE MARKS AND DESIGNS Trade marks and designs are highly valuable business tools and one of the most valuable assets of a company. Protecting them via registration is the only way to allow creators to enjoy their rights exclusively, to assign them to third parties, or to combat unauthorised use. Community registration confers the owner or holder a unitarm protection in the 28 countries of the EU. WHAT IS A TRADE MARK? A trade mark serves to identify the business origin of a product or service. It can be composed of one or more words, a logo, or any other distinctive sign that can be represented graphically. A design is the outward appearance of a product that has a fundamental impact on the product s distinctive character and value. WHAT IS A DESIGN? 5

6 DOSSIER DE PRENSA Evolution of Community trade mark applications Ranking of the top 10 countries that apply for Community trade marks GERMANY UNITED STATES UNITED KINGDOM ITALY SPAIN FRANCE NETHERLANDS SWITZERLAND JAPAN AUSTRIA Since the creation of the Community trade mark, OHIM has received over Community trade mark applications, originating from over 200 countries. In 2015 alone, trade mark applications were received, which represents an 11 % increase on Applications received up to January up to January 2016 COMMUNITY TRADE MARK (CTM) 6

www.oami.europa.eu Since 2003, when the system to register Community designs was put into place, OHIM has received over 950 000 design applications.

7 Since 2003, when the system to register Community designs was put into place, OHIM has received over design applications. In 2015 alone, the Office received design applications. Evolution of Community design applications Ranking of the top 10 countries that apply for Community designs up to January 2016 Applications received up to January 2016 GERMANY ITALY UNITED STATES FRANCE UNITED KINGDOM SPAIN JAPAN POLAND NETHERLANDS SWITZERLAND

This Plan will come to an end this year, reaching its main goal, namely to convert OHIM into a body of organisational excellence through efficiency in its operations and management of its staff.

8 DOSSIER DE PRENSA 03 STRATEGIC PLAN The goal of OHIM s first Strategic Plan is to set up the European Trade Mark and Design Network. The Plan is based on two fundamental pillars; organisational excellence and international cooperation with intellectual and industrial property stakeholders. This Plan will come to an end this year, reaching its main goal, namely to convert OHIM into a body of organisational excellence through efficiency in its operations and management of its staff. These two pillars in turn support three strategic objectives: to build a dynamic and creative organisation to enhance quality and streamline OHIM s activities as much as possible to promote the convergence of practices, with sights set on the creation of the European Trade Mark and Design Network 8

www.oami.europa.eu 03 OHIM fully endorses the harmonisation of practices within the European Union and the creation of user-friendly tools.

9 03 OHIM fully endorses the harmonisation of practices within the European Union and the creation of user-friendly tools. Therefore, since the launch of its first Strategic Plan in 2011, OHIM has promoted and led the European Trade Mark and Design Network. The Network aims to streamline and enhance the registration process in the European Union. Businesses around the world over should to be able to decide where to register their trade marks and designs on the basis of their business strategies and not on the basis of the different practices or tools offered by national and regional registration systems. In this context, OHIM, alongside European Union intellectual and industrial property offices, international organisations and user groups, is working to minimise such differences through the European Trade Mark and Design Network. The ultimate goal of this Network is to provide a high-quality experience for users of the intellectual and industrial property registration system, by offering up-to-date electronic services, facilitating access to information, and promoting the convergence of registration practices of IP rights. OHIM provides users, through its website and the European Network s website, databases and free tools such as the Harmonised Database (HDB), accessible through TMClass or the Similarity tool, TMview, the Enforcement Database (EDB), Designview, esearch plus, ssearch Case Law, EuroLocarno and Certified Copies, etc. 9

United States of America, Republic of Korea, Mexico and Canada, amongst others. It contains approximately 32 million registered trade marks.

10 DOSSIER DE PRENSA To date this free tool to search for trade marks is the most complete of its kind. It is connected to the databases of over 40 intellectual property offices across the world, not only including those of the 28 Member States but also those of the United States of America, Republic of Korea, Mexico and Canada, amongst others. It contains approximately 32 million registered trade marks. Since 2010, it has received over 16 million searches from 149 countries. This free design searching tool is the most complete yet to exist. It contains approximately 8.9 million registered designs. It has received over 1 million searches from 139 countries. 10

11 04 THE EUROPEAN OBSERVATORY ON INFRINGEMENTS OF INTELLECTUAL PROPERTY RIGHTS The Observatory has been fully integrated into OHIM since 2012, which was the year it transferred to Alicante with the unanimous support of the European Commission, Council and Parliament. One of its main functions is the analysis and dissemination of relevant, objective and reliable data on the value of intellectual and industrial property and the cost of infringements of rights deriving therefrom, all with the aim of gathering trustworthy information so as to increase public, and the authorities, awareness about the importance of IP. It is also designed to be a platform for facilitating cooperation and the exchange of experience between interested parties in the public and private sectors. Proper monitoring and a coordinated response at EU level will promote greater and better protection of rights and thereby foment competition and investment in the EU. Since its inception, the Observatory has been conducting major studies at European level concerning the economic and strategic value of different types of intellectual and industrial property rights. These studies have yielded data that are extremely relevant in terms of a better understanding of the importance and impact of IP on the European Union s economy and on its citizens. They also demonstrate that there is still some ground to cover in raising awareness levels and enhancing protection of creativity and innovation, which are key to economic growth. 11

DOSSIER DE PRENSA THE CONTRIBUTION OF IP RIGHTS TO THE EU ECONOMY In

play a decisive role 39 % of economic activity (GDP) in the EU is

7 billion EUROPEAN CITIZENS AND INTELLECTUAL PROPERTY: THEIR

it is important to protect IP 86 % believe that protecting IP

contributes to the creation of jobs and economic well being. However.

further demonstrates that, in certain circumstances, EU citizens

IP infringements could be deemed to be legitimate.

can be justified in order to save money 42 % of EU citizens believe

that purchasing forgeries can be justified as an act of protest For

12 DOSSIER DE PRENSA THE CONTRIBUTION OF IP RIGHTS TO THE EU ECONOMY In the EU, 1 in every 3 jobs are created in sectors in which IP rights play a decisive role 39 % of economic activity (GDP) in the EU is generated by IPR intensive sectors, equating to EUR 4.7 billion EUROPEAN CITIZENS AND INTELLECTUAL PROPERTY: THEIR PERCEPTION, AWARENESS AND BEHAVIOUR 96 % of Europeans believe that it is important to protect IP 86 % believe that protecting IP improves product and service quality 69 % value IP because it contributes to the creation of jobs and economic well being. However... Behaviour and attitudes are sometimes contradictory as the study further demonstrates that, in certain circumstances, EU citizens take the view that it is legitimate to download protected content or to purchase forgeries. On a personal level, there is a degree of tolerance of the idea that IP infringements could be deemed to be legitimate. 34 % of EU citizens believe that the purchase of counterfeit goods can be justified in order to save money 42 % of EU citizens believe that it is acceptable when goods are for personal use 38 % believe that purchasing forgeries can be justified as an act of protest For more information on the studies published by the Observatory, see: Studies published to date 12

IN THE EUROPEAN UNION COSMETICS AND PERSONAL HYGIENE SECTOR www.oami.europa.eu Annual losses of EUR 4 700 million in the sector (7.

eu/tunnel-web/secure/webdav/guest/document_library/ observatory/resources/research-and-studies/quantification-of-infringementcosmetics_en.

eu/tunnel-web/secure/webdav/guest/document_library/observatory/ resources/research-and-studies/ip_infringement/study2/the_economic_cost_of_ipr_

5 % of total sales) Over 2 800 direct jobs lost https://oami.europa.

pdf TOYS AND GAMES SECTOR Annual losses of EUR 1 400 million in the sector (12.3 % of total sales) Over 6 100 direct jobs lost https://oami.europa.

13 IN THE EUROPEAN UNION COSMETICS AND PERSONAL HYGIENE SECTOR Annual losses of EUR million in the sector (7.8 % of total sales) Over direct jobs lost observatory/resources/research-and-studies/quantification-of-infringementcosmetics_en.pdf CLOTHING, FOOTWEAR AND ACCESSORIES SECTOR Annual losses of EUR million in the sector (9.7 % of total sales) Over direct jobs lost resources/research-and-studies/ip_infringement/study2/the_economic_cost_of_ipr_ infringement_in_the_clothing_footwear_and_accessories_sector_en.pdf SPORTS GOODS SECTOR Annual losses of EUR 500 million in the sector (6.5 % of total sales) Over direct jobs lost resources/research-and-studies/ip_infringement/study3/sports_reports_en.pdf TOYS AND GAMES SECTOR Annual losses of EUR million in the sector (12.3 % of total sales) Over direct jobs lost resources/research-and-studies/ip_infringement/study4/toys_games_es.pdf The aim of these studies is to quantify the economic impact of IPR infringement in the European Union with a view to supporting the policy-drafting process with objective, reliable data. This series of sector-based studies covers various sectors of industry where goods are known, or suspected, to be the target of counterfeiting. The priority is to understand, explain, raise awareness, and take action in order to protect creativity and innovation. 13

DOSSIER DE PRENSA As part of OHIM s commitment to organisational excellence and international cooperation, the Academy was set up to act as OHIM s staff

There are also specific courses addressing all aspects of trade mark and design registration.

14 DOSSIER DE PRENSA As part of OHIM s commitment to organisational excellence and international cooperation, the Academy was set up to act as OHIM s staff development flagship. The Academy has also prepared a training catalogue focusing on general training in intellectual and industrial property. There are also specific courses addressing all aspects of trade mark and design registration. In addition, the Academy organises seminars for European judges concerning aspects of intellectual and industrial property and is working to train a European network of IP students and teachers. 14

www.oami.europa.eu QUALITY AND COMMITMENT TO USERS Quality continues to be OHIM s priority. The Office is committed to improving and facilitating its interaction with users.

OHIM s website, which has been consolidated and translated into the 23 official languages of the EU, is not just an introduction to EU trade marks and designs but is also yet another tool to add

15 QUALITY AND COMMITMENT TO USERS Quality continues to be OHIM s priority. The Office is committed to improving and facilitating its interaction with users. OHIM is continuing its policy of focusing on users and is developing tools to optimise their online experience. OHIM s website, which has been consolidated and translated into the 23 official languages of the EU, is not just an introduction to EU trade marks and designs but is also yet another tool to add value to trade marks and designs. OHIM is, furthermore, continuing its modernisation task with a view to addressing the increase in trade mark and design applications, which, in 2015, were in excess of The increase in the volume of applications requires ongoing optimisation on the part of OHIM, in terms of staff, highly qualified and dedicated to OHIM, Alicante and Europe. Since October 2013, ISO 9001 accreditation has applied to all OHIM s activities, a first for a public body. 15

DOSSIER DE PRENSA Assistance and information every step of the way Commitment to users is one of OHIM s priorities; proof of this is

This information is both for seasoned professionals and those new to the field who are contemplating registering a trade mark or design

Whatever the user s situation, OHIM offers information, applications and online resources to assist users at every stage in the

16 DOSSIER DE PRENSA Assistance and information every step of the way Commitment to users is one of OHIM s priorities; proof of this is the help and information given at every step of the way. This information is both for seasoned professionals and those new to the field who are contemplating registering a trade mark or design for the first time or who have a broad portfolio. Whatever the user s situation, OHIM offers information, applications and online resources to assist users at every stage in the registration of a trade mark or design. Detailed information available to view via OHIM s website: accessible in 23 official languages adapted for different devices: mobile phone, tablet or PC Search tools for helping to check whether similar trade marks or designs have previously been registered in the EU. 16

available online in 23 official languages

Alert tools provide information as to your

17 languages registration applications available online in 23 official languages ongoing commitment to offer all OHIM services online. Proprietors have a secure User Area where they can manage their trade marks or designs and contact OHIM. Alert tools provide information as to your trade mark or design status and tell you what other trade marks or designs are being registered in the market. All this means we can offer all users top-quality, efficient and accessible registration services. 17

18 DOSSIER DE PRENSA OHIM HEADQUARTERS OHIM s headquarters is in Alicante, Spain, and covers a total surface area of m², forming an expansive complex. 18

19 OHIM s complex is the first in Spain, Portugal or Italy to obtain BREEAM (Building Research Establishment Environmental Assessment Methodology) accreditation, being classed as Outstanding. 19

During construction, the focus was on energy efficiency and sustainability strategies, with the aim of reducing CO2 emissions,

20 DOSSIER DE PRENSA Its interior layout is a combination of closed, individual offices and light and airy spaces that promote interaction and stimulate dynamism and creativity. Constructed in 2013, cutting-edge design makes this an iconic building. During construction, the focus was on energy efficiency and sustainability strategies, with the aim of reducing CO2 emissions, water consumption, electricity usage and the maintenance costs for the building by including bioclimatic architectural elements. 20

21 The complex also houses an auditorium with capacity for 450 people, thus enabling OHIM to host major events. 21

DOSSIER DE PRENSA 07 COMMITMENT TO ALICANTE PROVINCE OHIM accounted for over EUR 184 million in terms of GDP

The arrival of OHIM in Alicante has driven forward the European and international character of the province

This has been made possible not only because of OHIM but also the bodies it has inspired, for example the

Intellectual Property at the University of Alicante.

22 DOSSIER DE PRENSA 07 COMMITMENT TO ALICANTE PROVINCE OHIM accounted for over EUR 184 million in terms of GDP in the Valencian Community. The arrival of OHIM in Alicante has driven forward the European and international character of the province and has enabled the city to become one of the European capitals of intellectual property. This has been made possible not only because of OHIM but also the bodies it has inspired, for example the European School, the EU Trade Mark and Design Court, and the Magister Lucentinus Masters Programme in Intellectual Property at the University of Alicante. OHIM s economic activity in the province was reflected in a report prepared by the Alicante Chamber of Commerce, which revealed that in 2013 OHIM accounted for over EUR 184 million in terms of GDP in the Valencian Community and generated nearly direct and indirect jobs. 22

23 FURTHER INFORMATION 23

24 Av. Europa Alacant, Alicante, Spain OAMITUBES

SUMMARY OF THE IMPACT ASSESSMENT

EN EN EN EUROPEAN COMMISSION Brussels, 30.6.2010 SEC(2010) 797 COMMISSION STAFF WORKING DOCUMENT SUMMARY OF THE IMPACT ASSESSMENT Accompanying document to the Proposal for a COUNCIL REGULATION on the translation