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THE MADRID SYSTEM

WIPO-INSME International Training Program on Intellectual Property and Management of Innovation in Small and Medium-Sized Enterprises May 12, 2005 José Graca-Aranha Director, Information and Promotion Division Sector of Trademarks, Industrial Designs and Geographical Indications.

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THE MADRID SYSTEM

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  1. WIPO-INSME International Training Program on Intellectual Property and Management of Innovation in Small and Medium-Sized Enterprises May 12, 2005José Graca-AranhaDirector,Information and Promotion DivisionSector of Trademarks, Industrial Designs and Geographical Indications

  2. THE MADRID SYSTEM Easier market access Protection in multiple countries Advantages for SME’s

  3. OBJECTIVES Registration and Administration of Trademarks in up to 77 territories of Contracting Parties • through a single procedure • with a single administration • in a single language

  4. Madrid Union(77 Members) (Including EC) Agreement only 11Protocol only 21Agreement and Protocol 45

  5. Membership Madrid Agreement (1891)Madrid Protocol (1989) 77 51 27

  6. A useful economic tool to obtain and maintain protection • over a 135,000 users • 412,000 international trademarks in force(= 4.8 million national registrations) • lower costs (10 to 20 times less)

  7. BASIC FEATURES • One System - Two Treaties • Closed system • Single international registration with a national basis • Effect of national application or registration • Subsequent Designation

  8. One System - Two Treaties Madrid Agreement Concerning the International Registration of Marks (1891) Protocol Relating to the Madrid Agreement (1989)

  9. Closed System • Attachment necessary • establishment (real and effective) • domicile • nationality • Office of Origin

  10. Procedure through the Madrid System • via national office • language • formal examination • registration • notification and publication • refusal (or not) by designated Contracting Parties

  11. Central Administration • Assignments • Changes in Names and Addresses • Limitation, renunciation, cancellation • Renewal

  12. Other Countries1303=6.0% Austria723=3.3% Sweden355=1.6% Spain914=4.2% Other DevelopingCountries197=0.9% Switzerland2 204=10.1% China413=1.9% Other Countries in transition1484=6.8% Germany4 999=22.9% France3 281=15.0% Denmark347=1.6% Czech Republic355=1.6% Turkey408=1.9% Italy1 806=8.3% Russian Federation355=1.6% Benelux2 104=9.6% United Kingdom599=2.7% Major User Countries in 2003

  13. Number ofRight-holders 10490021408455524518131126 Trademarksby Right-holder1-2 marks3-10 marks 11-100 marks101-500 marks > 500 marks All 80.00%16.33%3.47%0.19%0.01%100.00%  Right-holders > 500 marks5% 101-500 marks 11% 1-2 marks32% Registrationsin force(400,000)  11-100 marks27% 3-10 marks 25% Registrationsby Category of Right-holders

  14. Agreement and Protocol Comparison

  15. Comparison • Basis of the international application • Language (E, F, S) • Refusal of protection • Fees • Regional Systems • Safeguard Clause

  16. 2003/2004 - a turning point three catalysts for growth • United States of America - November 2, 2003 • European Community - October 1, 2004 • Spanish language - April 1, 2004

  17. THE HAGUE SYSTEM • Easier market access • Protection in multiple countries • Advantages for SME’s

  18. The Hague Agreement is constituted by threedifferent Acts:– the Geneva (1999) Act, entered into force on December 23, 2003,– the Hague (1960) Act, entered into force on August 1, 1984– the London (1934) Act, which was adopted on June 2, 1934, andentered into force in June 1939.

  19. What is the Hague Agreement? • A procedural filing system for the international registration of industrial designs, administered by the International Bureau of WIPO in Geneva (Switzerland).

  20. Objectives of the Hague Agreement Registration and Administration of Industrial Designs in up to 41 States / Contracting Parties by means of - • a single procedure • with a single administration • in one language • on the payment of fees in a single currency

  21. FILING • No prior filing needed • May be filed directly with WIPO • ... in English or French

  22. Management of International Registration • Renewal • Change in Ownership • Change of Name or Address • Renunciation, Limitation and Cancellation … centralised and streamlined procedures

  23. Advantages of the Hague System For Industrial Design Owners • Simple, efficient and cost-effective procedure for obtaining protection for industrial designs in the (41) countries bound by the Hague Agreement. • Effective and economical means of maintaining protection and subsequently managing the registration

  24. For Offices Simplification of procedures - - examination as to form, classification of the industrial designs and publication is handled by the International Bureau.

  25. THANKS! Jose.graca-aranha@wipo.int

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