FICPI

1. FICPI / APAA JOINT SYMPOSIUM � NEWPORT BEACH 2002Friday, 15 March11,45 � 13,15 MADRID PROTOCOL � AN INFORMED VIEW ON THE MERITS AND DIFFICULTIESLuis H. de LarramendiELZABURU

2. KNOW THE PAST TO UNDERSTAND THE PRESENT AND INTERPRET THE FUTURE The Vienna Congress of 1873 The Paris Convention of 1883 The Madrid Diplomatic Conference of 1890 The Madrid Agreement of 14 April 1891

3. PRINCIPLES OF THE MADRID AGREEMENT OF 14 APRIL 1891 Who is authorized to apply for an international registration? The need for a national basic registration Effects of an international registration Authority to refuse protection The duration of an international registration and its link to the basic registration Modifications to an international registration Language

4. ATTEMPTS TO MODIFY THE MADRID AGREEMENT PRIOR TO THE 1989 PROTOCOL The TRT The TCT The A and B Protocols The Single Protocol

5. CAUSES FOR THE LIMITED EFFECTIVENESS OF THE MADRID AGREEMENT ON AN INTERNATIONAL SCALE The need for international registrations to be based on a national registration (not an application). The short term (one year) available for national Offices to issue refusals The moderate amount (less than the fees for national registrations) that the Offices of signatory countries obtain from designations. The existence of the central attack.

6. THE GOALS OF THE PROTOCOL Removal of the obstacles to its expansion Allow registrations to be based on mere applications Extend the term for refusal to 18 months Increase the amount of the final fee collectible by national Offices Eliminate the central attack Extend the range of languages by introducing English in order to facilitate the accession of other countries Analyze the possible link with the future Community Trademark system

7. THE CURRENT SITUATION. SPANISH EXPERIENCE. Countries signing The Agreement The Protocol Number of Spanish marks which have applied for extension under the Agreement the Protocol Number of refusals issued by the Spanish Office in relation to Agreement marks Protocol marks Spanish Office fees for Agreement marks Protocol marks

8. THE FUTURE OF THE PROTOCOL Accession of the United States Modifications of the Protocol Regulations of 1 April 2002 The possibility of recording licenses of international trademarks with WIPO The possibility of registering colors as such as international trademarks The possibility of submitting a disclaimer to WIPO The possible inclusion of Spanish as an additional language

9. IMPACT ON THE PROFESSION On professionals from countries that generate registrations of distinctive signs beyond their own borders On professionals from countries that do not generate registrations of distinctive signs beyond their own borders

10. FICPI / APAA JOINT SYMPOSIUM � NEWPORT BEACH 2002Friday, 15 March11,45 � 13,15 MADRID PROTOCOL � AN INFORMED VIEW ON THE MERITS AND DIFFICULTIESLuis H. de LarramendiELZABURU