Quality assurance for DGIP databases has become an issue, as IP Consultants notice an increase in administrative and typographical errors.
In the last few months, there has been a noticeable increase in administrative and typographical errors that can be traced back to DGIP databases. For example, in the trademarks space:
- representations of applied trademarks not correctly published in Trademark Gazettes (e.g. wrong logo, or word mark in place of device mark);
- priority claims not appearing in trademark registration certificates and/or Trademark Gazettes; and
- goods or services specifications not correctly included in trademark registration certificates and/or Trademark Gazettes.
Enquiries with the IT Division at the Trademark Office have revealed that data entry into the IPAS database (the WIPO system currently used by the Trademark Office) is handled by outsourced staff. It appears that those staff were not briefed to include priority data, and that gazettes and certificates are printed based on IPAS entries. It also appears that there is no quality assurance system in place to check the accuracy of data uploaded (i.e. Trademark Office staff have not been assigned to supervise data entry).
This is creating additional work for IP Consultants prosecuting applications. At the publication stage, it is necessary to verify that mistakes published in the gazettes are corrected so they don’t appear on certificates. It also becomes necessary to advise clients on the risk of subsequent administrative challenges (i.e. on grounds that publication was not properly effected). At the registration stage, mistakes in details printed on certificates need to be corrected (note: the Trademark Office is not charging official fees for reprinting certificates where errors are attributable to the Office). Amendments at both stages can be arranged based on a formal written request.