WORLD INTELLECTUAL PROPERTY ORGANIZATION COMMITTEE OF EXPERTS OF THE NICE UNION – 24TH SESSION April 28 to May 2, 2014 Project: CE243 Rapporteur: IB ANSWERS TO QUESTIONNAIRE ON NICEPUB Rapporteur Proposal Date: April 22, 2014 The IB thanks all Offices that participated in the survey concerning NicePub. The answers submitted by the Offices have been compiled below. Conclusions by the IB and answers to particular comments have been added. Furthermore, the IB has the following questions concerning the publication of editions 1 to 10: Editions 7 to 10-2012 are available in electronic form: editions 9 and 10-2012 in NIVILO format and editions 7 and 8 in PDF format. Would the CE find it useful to convert editions 7 to 10-2012 into NicePub format? Editions 1 to 6 are also available in PDF format. They were scanned and OCRed. However, the OCR is not 100% accurate. These editions could also be converted into NicePub format, bearing in mind the inaccuracy due to OCR. Is the CE of the opinion that the conversion of editions 1 to 6 into NicePub format is useful? It should be noted that, once converted into NicePub format, the lists of goods and services of previous editions would be presented in non-inverted format. However, the taxonomy and the info files would not be available. The IB will implement the decisions of the CE during the second half of 2014. Page 2 COMPILATION OF ANSWERS TO THE QUESTIONNAIRE ON NICEPUB (17 answers received) 1. In general, do you find that NicePub represents an improvement in respect of the previous, NIVILO electronic publication? No. of answers yes no opinion Comments : 16 1 - SG: The search functions of NicePub are more comprehensive as it allows users to carry out searches using basic number/ search terms with the option of selecting specific classes or all classes. The information files and taxonomy are also very useful as they provide the definition of the good or service, the classification criteria and the various categories of which the good or service belongs to. - CH: Le fait de pouvoir chercher par mot clé, dans une classe, est notamment pratique (avant il fallait chercher page par page) - SE: A way of improving the NicePub would be to add the box in the lower left corner from NIVILO that provides links to all the goods and service classes (1-45) and the alphabetical list (A-Z) without losing the page that is currently browsed. - US: The simple design and customizable settings of the “start” page are much more user friendly than the previous electronic publication. The NicePub is more of a searchable database than the NIVILO electronic publication. It is a vast improvement with better access to pertinent information and easier searching capabilities. IB: A possibility to go to a particular class from the left menu will be implemented in the next release of NicePub. 2. In the List of Goods and Services by class order (“Classes” tab), the master indication and its synonyms have been grouped and appear in a line, preceded by their basic number. Do you find this presentation useful? No. of answers yes no opinion Comments : 16 1 - SG: It is easier to identify goods or services that share the same basic number. - RU: It can be helpful for users to see synonyms in order to avoid using terms with identical meaning several times when preparing the lists. - CH: Elle simplifie la recherche. - SE: This enables us to check all the positions at once rather than trying to find them one by one in the system. Though it would be nice to have them all sorted in alphabetical order as well, so that all of the positions can be found alphabetically. - MX: Visually is much more useful. - JP: This presentation method enables us to see the master indication and the synonym at the same time, it is easy to find and compare between them. - US: Having one occurrence of the basic number and all synonyms together makes the relationship of those items clear. However, USPTO is more likely to use the “Search” tab for a more targeted search. Page 3 3. By choosing the bilingual version, both the English and the French versions of any part of the Classification are displayed, one language beside the other (instead of having to jump from one language to the other as in NIVILO). Do you find this feature useful? Do you have any suggestions to improve the bilingual presentation? No. of answers yes no opinion Comments : 15 2 - AT: An improvement would be bigger letters or the use of lines. - CN: It is a little difficult to find the corresponding entry in the same line, especially when a version has two rows. - RU: This feature is very nice improvement- helps to reduce time of switching from one language to another. However, we have no suggestions regarding further improvements. - CH : Pour bien séparer les entrées, une couleur alternant à chaque ligne pourrait être utilisée ou le numéro de base pourrait être répété devant l’entrée de la colonne de droite. - SE : The bilingual version seem quite useful and clear to us. Maybe the presentation would be clearer if the table was outlined with light grey lines, so it became easier to determine which translations belong together. - MX: It is very useful to view both languages at the same time so you can compare both. - IL: It is useful mainly in countries that the application could be filed both in English or in French. In Israel the applications should be filed only in Hebrew and English and therefor it is less useful. - DE: It is very useful to be able to compare directly the English and French version. - JP: As both English and French versions are able to be seen at the same time, the display of indications currently is considered to be easier to compare with both languages. - US: It more closely mimics the old paper publication of the English/French version, which is helpful when considering the possibility of translation discrepancies. The dual column presentation is easy to read. IB: The integration of proposals submitted by CH and SE will be considered for the next release. 4. The IB has added new search functions to NicePub (search in one or more classes, search goods and/or services, include the information files in the search, search by exact terms, Boolean search, search by basic number). Do you consider this to be an improvement? No. of answers yes no opinion Comments : 17 0 - AT: The search functions are very good. - CN: It is a great help. - SG: It is easier to search for information. - RU: We consider this is very useful improvement. It makes search easier and precise. A new search functions accepts words, serial numbers and basic numbers. The way information response as it is represented is clear and nicely structured. - CH: Nous pensons qu’il s’agit d’une amélioration, mais nous n’utilisons pas ces fonctions (ou très peu) car pour des recherches plus complexes, nous utilisons notre propre banque de données ou le MGS de l’OMPI. - SE: The more search functions without making the interface look cluttered, the better, since there almost always is a need of different ways to find a certain position. - JP: These various functions are considered to be helpful in order to search for the classification of goods and/or services. - US: The more search options the better. The additional search functions are an appreciated improvement that help retrieve more appropriate results. Page 4 5. Considering the search functions currently available in NicePub, do you still find it useful to maintain a list of goods and services in alphabetical order (“Alphabetical” tab)? No. of answers yes no no opinion yes, but 9 5 1 2 less than the search tool IB: Since the majority of Offices find useful to maintain the list of goods and services in alphabetical order, the “Alphabetical” tab will be maintained. 6. The IB has the intention to add a new tab to NicePub, the “List of Classes” tab, which will display the consolidated List of Classes with Explanatory Notes. Do you find this would be an improvement to NicePub? ? No. of answers yes no opinion Comments : 17 0 - SG: It will be equivalent to “List of Classes, with Explanatory Notes” in NIVILO electronic publication, which reduces the hassle of having search through class by class to look at the explanatory notes. - RU: It can be handy if WIPO adds this additional tab. However, advanced users already know where to search for class heading and Explanatory Notes for classes, but for the purposes of timesaving, yes, it can be helpful. - DK: Maybe it would be useful for some users. - CH: Cela permet d’avoir rapidement un aperçu de la classification. - SE: The class list with the explanatory notes is always useful, the more visible it is the better. - IL: The explanatory notes are very useful. - JP: It will be useful, if users are able to search each goods and/or services by “List of Classes” tab. - The USPTO refers to the Class Headings and Explanatory Notes often and consolidated list as was previously found in the paper publication would be helpful. It would also serve as a beneficial corollary to the existing “General Remarks” tab. IB: The “List of Classes” tab will be implemented. 7. Do you consider it necessary to introduce in NicePub a download function for the list of goods and services and the list of classes with explanatory notes? Which format would you prefer (Word, PDF, Excel)? No. of answers yes maybe no opinion 15 1 1 Page 5 Format preferred No. of answers PDF and Excel PDF Word and PDF and Excel Word and Excel Word Excel 6 4 2 1 1 1 Recap. Format preferred PDF Excel Word Recap. votes 12 10 4 IB: Following the requests, the IB intends to publish the Nice list of goods and services in Excel. In addition, the following will be downloadable in PDF: - List of classes titles + notes - List of goods and services per class - List of goods and services per class, including the taxonomy 8. One of the new features in NicePub is the “ i ” icons displayed beside the class headings and beside certain indications in the list of goods or services. Clicking on such icons gives access to general information about the contents of a class or about a particular good or service. Do you think it is worthful to continue developing this kind of information, in particular for new, not obvious indications? No. of answers yes no opinion 16 1 Comment : - CH: Serait-il possible que ces informations s’affichent automatiquement dès que la souris passe audessus de l’icône ? IB: This could create disturbance when the mouse goes over the “ i ” icons by chance. Would you be willing to contribute to this work by developing new information where needed? 10 Offices are willing to contribute. IB: Participation in this task will be on voluntary basis. Any Office wishing to contribute to this work is welcome to submit info files to the IB. During CE sessions, decisions may be taken to develop info files for particular terms under consideration. 2 Offices need an estimation of the time required. IB: Between 30 and 90 minutes per info file, depending on the complexity of the file. Page 6 9. The taxonomy, created by OHIM with the collaboration of WIPO, has been incorporated in NicePub. Do you find that the presentation of the NCL goods and services arranged according to the taxonomy is a positive contribution to the official publication of the Nice Classification? No. of answers yes express reservations 14 3 Do you have suggestions to further improve this presentation? - CN: Can it also be downloaded? IB: It will be possible to download in PDF as indicated in Item 7. - CH: La mise en garde pourrait être dans une autre couleur que vert (le vert tendant à donner un message positif) et pourrait toujours être visible, peu importe l’endroit où il est cliqué sur la page (actuellement, le message disparaît lorsqu’on se trouve en bas de la page). IB: Which color do you suggest? - SE: The Swedish office would like to prefer to have some kind of overview over the different class headings, as well as distinguishing the different levels of the taxonomy in a clearer way, either by adding a different color, or adding a number indicating in what level that specific group title belongs. IB: Each taxonomy group is identified with a particular number by the IB. This number represents the hierarchy of the group and could be displayed on demand. - MX: We believe it would be better if every indication from the alphabetical list indicates which part of the class headings belongs. IB: This is not advisable as the Class Headings are intended to give only general indications as to the kind of goods or services included in each class. - JPO thanks WIPO for its effort on the taxonomy and would like to make its comments as follows; 1) In NicePub, each goods/service of the NCL is indicated under each group titles of the taxonomy according to its concept. This may cause confusion among the IPOs and the trademark users as if the group title might be the comprehensive indication of goods/service, and might be used and adopted as the designated goods/service, covering all the goods/service of the NCL indicated under the said group titles of the taxonomy. IB: The group titles are indicated in a clearly identified way, different from the corresponding goods or services. 2) In order to avoid confusion, JPO would like to suggest that the group titles and the indication of good/services be displayed separately in NicePub. IB: This is already the case. The group titles are in bold, they are highlighted and do not have basic numbers. 3) Considering its role and importance of the NicePub, JPO would like to suggest that the each group of taxonomy, its display method, and whether or not taxonomy itself be publicized etc, be discussed by the Committee of the Expert. IB: Up to the CE to decide. - USPTO has certain reservations concerning the accuracy of some taxonomy groupings with respect to certain goods and services. The presentation of the taxonomy hierarchy may create the mistaken impression that taxonomy is a structural element of the Nice Classification system or the Nice Agreement itself. Perhaps the use of different font or icons to call attention to the initial disclaimer would be beneficial. Page 7 Speaking practically, while likely helpful to some, the USPTO typically uses the “FLAT” view. To the extent the taxonomy group titles and sub-titles provide guidance to users and explanation of the rationale for classification, such information may be considered a positive contribution. 10. The “Modifications” tab shows the changes introduced in the official parts of a new edition/version of the Nice Classification, i.e. in the Class Headings, the Explanatory Notes, the List of Goods and Services and the General Remarks, as decided by the CE. Would you like to be able to also see the modifications introduced in the taxonomy between two NCL versions? No. of answers yes no express reservations do not use taxonomy 13 2 1 1 IB: The IB will study the possibility to include the taxonomy modifications under the “Modifications” tab, separated from the other modifications. - RU: We would like to make proposal to create one more tab or add modification tab with list of terms (concepts), which had been deleted or rejected by Committee of Experts but can be replaced on another one from the new added terms. IB: The deleted terms are already included under the modification tab. The rejected terms cannot be included, since they have never been part of the Classification. - As indicated above No.9, JPO would like to suggest that this item be discussed at the CE as well. [End of questionnaire]