madrid agreement for Intellectual Property Rights.pptx

Madrid agreement

1. MADRID AGREEMENT

2. Madrid system The Madrid System is a centrally administered system (by World Intellectual Property Organization, WIPO ) for obtaining a bundle of trademark registrations in separate jurisdictions, creating in effect a basis for an “international registration” of marks. The Madrid System is a very simple and a great way to register one’s trademark worldwide. A person by single Madrid registration can protect his/her trademark up to 122 countries around the world.

3. Treaties regulating the Madrid System It is governed by two treaties , ‘the Madrid Agreement concerning the international registration of marks’ (briefly known as Madrid Agreement) and the ‘Protocol relating to the Madrid Agreement’ (briefly known as Madrid Protocol). Contracting Parties : States party to the Agreement and/or the Protocol and organizations party to the Protocol are referred to collectively as Contracting Parties. Madrid Union : Together (the Contracting Parties to the Agreement and the Protocol), they constitute the Madrid Union. (84 members).

4. Purpose of establishing the Madrid Agreement The sole purpose of establishing the Madrid Agreement was to provide a mechanism that would allow an individual to file a single international trademark registration. This process was only simplified worldwide registration but also made it cost-effective and an inexpensive technique of registration of an international trademark. The Madrid Agreement not only simplified the process of registration of international trademark but also eliminated the need for filing , prosecuting or maintaining separate registration applications in multiple countries . The Madrid Agreement also provides a simple renewal system of a mark by a single filing with the WIPO .

5. Differences between the Madrid Agreement and the Madrid Protocol

6. Project analysis slide 2 Minimum requirements for filing an international application FILING BASIC REGISTRATION INTERNATIONAL APPLICATION OF TRADEMARK SAFEGUARD CLAUSE MUST BE AN APPLICANT FEE LANGUAGE AND PRIORITY CLAIMED

7. Who can apply? International registration can be applied by any individual or national of a country which belongs to an agreement or to the protocol. It can be applied by any natural person or legal entity which is domiciled or having a real and effective industrial or commercial establishment in a country belonging to either of the treaties. Under the Agreement, the application for international registration must be based on a registration Basic registration The application of an international trademark which an individual is applying must be based on national application or national registration .

8. International application of trademark It must designate one or more contracting parties. The application must provide a list of goods or services for which the protection is asked for. The mark which an individual is applying for international registration should be similar to that of basic registration or basic application. The application should be filed in a form which is prescribed by the International bureau. Safeguard Clause When both the contracting parties are members of the treaties that are Agreement and the protocol then the designation is decided by the Agreement. This is stated by the ‘Safeguard Clause’ of Article 9 series of Madrid Protocol.

9. Language Under the Madrid Agreement, the only working language of communication with WIPO is French. Under the Madrid Protocol, the language of communication is English, French, and Spanish Priority Claimed The priority of an earlier filing can be claimed under Article 4 of the Paris Convention. The date of the international application must not be later than that of six months after the earlier filing

10. Fees During the filing of an application for international registration of a trademark, there is a certain amount of money that an individual has to pay for the registration known as fees . In theory, fees are paid directly to WIPO in Geneva in Swiss Francs, and most countries also request applicants to pay an additional ‘handling’ charge. There are different fee structure in the system which are as follows: Standard fee structure: This fee structure is the same in both the agreement and the protocol. Supplementary fee: This kind of fee is for each class of goods and services . Complementary fee: This fee is for the designation of each designated contracting party for which individual fee is payable.

11. Advantages of the Madrid system • One international application based on a basic application/registration. • One language (English, French or Spanish). • One set of fees in one currency (CHF). • One registration number and one renewal date. • The registration can be further extended geographically. • All subsequent changes to the international registration may be recorded with the IB and have effect through one single procedure. • Offices do not need to examine for formal requirements.

12. India and Madrid System Earlier India was not the part of the Madrid System but as soon India realised the advantages of becoming the part of Madrid system, it became one of its signatories of Madrid Protocol with effect from July 8, 2003 . Most of India’s top trading partners are the members of Madrid Union. How can an individual file in India? Based on an Indian trademark of an individual, an individual can file an international application of registration online at the IP India website http://www.ipindia.gov.in/trade-marks.htm The further process is done by the government of India This made the application process easier in India.[5] Madrid System is one of the best systems to protect an individual’s trademark internationally. By this system, a person does not need to register one’s trademark in different countries. By registration on one single platform, a person can protect his/her trademark across the world. The two treaties, the Madrid Agreement and Madrid Protocol make this system stronger

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