EUROPE / TRADE MARKS / PROCEDURE

World Patent Information, Vol 2 No 3, Sep 2000

Navigating through the paperless world of OHIM

Gordon Humphries

In this article the author tackles the question whether the attempt by the Office for Harmonisation of the Internal Market (OHIM – the European Community Trade Mark Office) to establish a "paperless office" has been a success. The author stresses the motives: first, OHIM was administering a new and innovative legal process and wanted to introduce innovative electronic procedures; and, second, "there was a genuine desire to try to cut some of the red tape which traditionally surrounds administrative organisation". At the heart of the electronic system is the EUROMARC database. Documentation is scanned into the system, which "contains information on the current status of a given Community Trade Mark application or registration, the goods and services covered by the mark, the logo, the representative, the proprietor (nationality and seat) and any recordals (assignments, bankruptcy or in rem rights) or oppositions made against the mark. In short, EUROMARC provides access to all available information either received or sent by the Office concerning the Community Trade Mark in question." The author is careful to point out the exceptions. Some documents cannot be scanned; some official publications are in hard copy form. But the procedure for inspection of files is electronic. Moreover, the language problem, which was at one time a cause of some concern for the efficient operation of the system, seems to be working well: information requests may be made in the applicant's first (official EC) language or one of the five second languages. (English accounts for 43% of the first and 51% of the second.) By way of conclusion, the author makes four brief but telling points. Ultimately a paperless office may be impossible; but OHIM has gone as far as possible in that direction. A paperless office encourages transparency. Public acceptance of a paperless office is an essential factor in its long-term success. Changes are needed in acceptable means of proof in judicial proceedings. [20029]