4 Article 74 CDR – Inspection of files After publication a design may be inspected on requestBefore publication, this requires consent of the applicantArticle 17 CDIR – Certificate of registrationAfter publication, the Office shall issue a certificate …The holder may request certified / uncertified copies of the certificate of registration upon payment of a feeArticle 41 CDIR – Signature, name, sealAny decision, communication or notice from the OfficeIndicate department / division and name of responsibleSigned, or, instead carry printed or stamped sealArticle 74 CDIR – Procedure for the inspection of filesEither the original or a copyOn request, inspection shall be effected by means of issuing copies of file documents (certified / uncertified)Fee
7 Short process description Certificates are issued once a RCD is registered and published (part A.1 of the RCD bulletin)The process of creation starts immediately after publication.RCD certificates are sent electronically to an outside supplier who prints and then distributes the certificatesDuring the 2nd half of 2010 OHIM will introduce e-certificates for designs (they exist already for trade marks)
8 E-certificateIn the Publication section of RCD Online, a new column will be added with information about the RCD e-certificates.This information will consist of a link labelled “Registration Certificate”, together with the publication date and an indication of the size of the electronic document.The RCD e-certificate is intended to make certificate delivery faster and smoother and make storage easier for users. By clicking on the link a PDF-document will be downloaded that can be easily printed or saved into the user’s own archiving system.
15 The main servicesInspection requests for CTMs and RCDs (= copies of documents) :Anybody may requestApplicationsRegistrationsAny documents in the file (some restrictions apply)Extracts of the CTM and RCD register:List current status of a file, including recordals such as licenses, and other events such as Invalidities.On site inspection of files, not used in practiceOnline Access to Files (OAF) for CTMs
16 Certified / uncertified / authenticated Documents requested may be certified or uncertifiedSome countries require authentication or legalisation of certified copies in order to accept them as a priority or any other claim before their respective national offices / authoritiesThe European Commission legalises these documents:The Head of the Permanent Representation of the European Commission in Spain is authorised to authenticate documents issued by the OHIMOur colleague Daniele Messa, in secondment there, carries out the day-to-day work
18 Online Access to CTM files (OAF) Provides CTM related documents onlineAccessible via CTM-ONLINEUpdated every dayDocument downloadable in PDF formatMore than documents downloaded every weekRestrictions:CTMA not published – access restricted to the applicant or representative via MyPageConfidential documents not disclosed to third parties
21 Example of a certified copy YOU HAVE ON YOUR TABLE AN EXAMPLE OF ACERTIFIED COPIE OF A REGISTRATION CERTIFICATEThe different elements are:Cover page (in five languages)Certifying that the enclosed document is an exact copy of the registration certificate of a particular designNumber of the designRegistration date of the designPrinted signature of the official responsibleStamped sealRegistration certificate100% copy of the initial registration certificateA stamp indicating that this is a copy
25 Statistics (3/3) Request (CTM / RCD) (over the last years) Certified NotCertified / AllDocuments1. Application Form18762344,07%2. Certificate12852430,19%3. Extract from the Register795618,68%4. Extract from the Database14333,36%5. Copy of documents39630,92%
26 Speed up the provision of certified copies ObjectivesSpeed up the provision of certified copiesWe provide a good copy and include text that states that the copy is directly taken from our database,We do not accept that this way of providing the certificate introduces less safeguards than sending a paper copy today,We maintain against payment the present way of certifying, but we try to convince people that in case of doubt they can very simply verify on line whether the copy does indeed reflect the contents of our database.
27 Develop a solution for Application Form and Certificate. ProjectDevelop a solution for Application Form and Certificate.Allow users in OAF to get a certified copy of the Certificate* or the Application Form** that includes:A copy of the document stamped with a mention than the copy comes from our databaseA cover letter identical to the cover letters used currently. It also includes a link to access to the CTM/RCD online.The same document is sent when generated internally by the Office.User will not see any difference between the online document and the one issued from OHIM* Available for RCD when RCD eCertificate goes live** Application form not available for RCD
28 Example of an automated certified copy YOU ARE RECEIVING AN EXAMPLE OF AN AUTOMATED COPYPlease compare with the first example and find the differences (take your time)The seal on the cover sheetHeader and footer on all pages of the copied documentThe footer contains a printed signature, the date and the file number on each pageThere is a staple instead of an eye
29 We need to adapt (IP offices, Courts) Paper copies have been around for decades and decades. Everybody has become accustomed to them.The Internet has changed the way we do business and what has required paper before can now easily be done electronically.Our data bases (CTM and RCD Online) are the reliable source. They are freely available and can be consulted 24/7.We all will need to adapt to this.And this affects of course the IP Offices (priority documents) but also the Courts.
30 Information: (+ 34) 965 139 100 (switchboard) (+ 34) (e-business technical incidents) (+ 34) (main fax) Office for Harmonization in the Internal Market (Trade Marks and Designs)Avenida de Europa, 4E AlicanteSPAIN