About one of the WIPO treaties. Madrid Agreement, Madrid protocol , madrid agreement .

1. MADRID AGREEMENT
By
Aathilakshmi U
810021509001
1st Year M.Tech Biotechnology
UNIVERSITY COLLEGE OF ENGINEERING
BHARATHIDASAN INSTITUTE OF TECHNOLOGY
ANNA UNIVERSITY, TIRUCHIRAPPALLI-24
DEPARTMENT OF BIOTECHNOLOGY
SUBJECT CODE/ TITLE: BY 4016 /IPR, BIOSAFETY AND
ENTREPRENEURSHIP

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. Minimum requirements for filing an
international application
FILING
BASIC REGISTRATION
INTERNATIONALAPPLICATION
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

13. Reference
• https://lawcirca.com/madrid-agreement-for-international-registration-
of-trademarks/
• https://www.wipo.int/treaties/en/registration/madrid/summary_madrid
_marks.html
• https://www.wipo.int/treaties/en/registration/madrid/summary_madrid
_marks.html

14. Thank You