PH joins Madrid treaty on trademark listing

The World Intellectual Property Organization (WIPO), which is based in Geneva, Switzerland, has announced the accession of the Philippines to the protocol relating to the Madrid Agreement concerning the international registration of trademarks.

The WIPO headquarters in Switzerland

According to Wikipedia, the Madrid system for the international registration of marks, also known as the Madrid System, is the primary international system for facilitating the registration of trademarks in multiple jurisdictions around the world.

Its legal basis, the online resource added, is the multilateral treaty Madrid Agreement Concerning the International Registration of Marks of 1891, as well as the Protocol Relating to the Madrid Agreement (of 1989).

“The Madrid system provides a centrally administered system of obtaining a bundle of trademark registrations in separate jurisdictions. Registration through the Madrid system does not create an ‘international’ registration, as in the case of the European CTM system, rather it creates a bundle of national rights, able to be administered centrally,” it noted.

The Madrid system provides a mechanism for obtaining trademark protection in many countries around the world, which is more effective than seeking protection separately in each individual country or jurisdiction of interest, it added.

The Madrid system, which is administered by the WIPO’s International Bureau, permits the filing, registration, and maintenance of trade mark rights in more than one jurisdiction, provided that the target jurisdiction is a party to the system.

The Madrid Protocol will enter into force, with respect to Philippines, on July 25, 2012.

The “instrument of accession” submitted by the Philippines to the WIPO contains the following declarations:

• In accordance with Article 5(2)(d) of the Madrid Protocol (1989), under Article 5(2)(b) of the Protocol, the time limit of one year to exercise the right to notify a refusal of protection referred to in Article 5(2)(a) thereof is replaced by 18 months and under Article 5(2)(c) of the said Protocol, when a refusal of protection may result from an opposition to the granting of protection, such refusal may be notified to the International Bureau after the expiry of the 18-month time limit;

• In accordance with Article 8(7)(a) of the Madrid Protocol (1989), the Republic of the Philippines, in connection with each international registration in which it is mentioned under Article 3ter of the said Protocol, and in connection with the renewal of any such international registration, wants to receive, instead of a share in the revenue produced by the supplementary and complementary fees, an individual fee; and

• In accordance with Article 14(5) of the Madrid Protocol (1989), the protection resulting from any international registration effected under this Protocol before the date of entry into force of this Protocol with respect to the Republic of the Philippines cannot be extended to it.

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