IPTango: Madrid Protocol

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Monday, 14 June 2021

The Chilean Senate approved the bill to join the Madrid Protocol

IPTango June 14, 2021 No comments:

On 19 May 2021, the Chilean Senate approved the bill to join the Madrid Protocol.

As reported here, first, the bill was discussed and approved by the Chamber of Deputies on 14 January 2021. Then, it was sent to the Senate for its approval.

The Madrid Protocol is administered by the World Intellectual Property Organization (WIPO). The Treaty establishes an international system that facilities the registration and management of trademarks in the countries of its Contracting Parties.

The Madrid Protocol will enter into force in Chile after the respective promulgation and that the instrument of accession is deposited with WIPO.

Review here more information about the Madrid Protocol.

Sources: INAPI and Chilean Senate websites.

Chile and the Madrid Protocol: are we close yet?

Patricia Covarrubia January 12, 2021 No comments:

In December 2020, the draft Agreement to approve the Madrid Protocol was entered into the first Chilean Constitutional procedure. The discussion of the draft began on December 15, 2020 at the Foreign Relations Committee of the Chamber of Deputies.

The bill (Bulletin 13,929) relates to the international registration of marks. During the discussion, the subsecretary of International Economic Relations; the subsecretary of Economy; and INAPI’s director, explained the benefits and scope of the draft. The Ministry of the Economy and the National Institute of Industrial Property (INAPI), are seeking to promote national trade marks in the international market.

The Madrid Protocol is administered by the World Intellectual Property Organization WIPO). Among its benefits, INAPI notes: single application at the International Office (through the national office), lower management costs due to a single cost structure, presentation in a single language (Spanish, French or English), payment of a set of fees; adds value to products; contributes to global trade; protection in a globalized world. In this regard, INAPI’s director states that ‘80% of Chilean brands that are registered abroad do so in 6 of the 10 countries that are already part of the system.’

Thursday's session (14/01/2021) will open with the Protocol concerning the Madrid Agreement on the international registration of marks based on the report (here) prepared by the Commission of External Relations; a vote is expected.

Membership of the Madrid Union stands at 123 countries (for the list, click here) that represent 80%+ of the word trade. An applicant from an Office of Origin (in this case, Chile) will select Contracting Parties (members of the Madrid Union) where it wishes to protect its mark and vice-versa.

Brazil: First Anniversary of the Madrid Protocol

Patricia Covarrubia October 13, 2020 No comments:

The Madrid Protocol has been running for over 30 years (June, 1989). With it, the flexibility to the Madrid System has seen an increased number in international trade mark registrations. After three decades, the system expanded to cover Latin America and the Caribbean (Antigua and Barbuda, Brazil, Cuba, and Mexico).

In 2019, WIPO reports that there has been over 60,000 international applications marking a 10th year of uninterrupted growth. While the main driver of the overall rise comes from the US (37%), followed by Germany and France; tailed by Switzerland, the UK, Japan, Italy, Australia, and Turkey.

Brazil, celebrating its 1^st anniversary (a member since 2^nd Oct 2019) has received 109 international applications from national users. This has also facilitated the use of the Madrid system by trade marks holders located in other countries and thus, Brazil hit the 7,896 number from international users indicating Brazil as their designated country (INPI
here).

To read the full data, click here.

Brasil más cerca de Madrid

Gilberto Macias (@gmaciasb) April 09, 2019 No comments:

La Cámara de Diputados de Brasil aprobó el pasado 3 de abril el Proyecto de Decreto Legislativo nº 860/2017 sobre el tratado internacional "Protocolo referente al Acuerdo de Madrid relativo al Registro Internacional de Marcas", más conocido como Protocolo de Madrid. El texto ahora pasa al Senado Federal.

El Sistema de Madrid permite proteger una marca en gran número de países mediante la obtención de un registro internacional que surte efecto en cada una de las Partes Contratantes que se hayan designado. Consta actualmente de 104 Miembros y abarca 120 países, que representan más del 80% del comercio mundial.

La preparación operativa realizada por el INPI para la implementación del Protocolo de Madrid abarca la modificación de los sistemas de TI utilizados en el procesamiento de pedidos de marca, la creación y modificación de procedimientos operativos, la edición de actos normativos y manuales, una reestructuración interna y el dimensionamiento y capacitación de los equipos.

Brasil sería el 7º país del continente americano que se adheriría al Sistema de Madrid.

Brazil and the Madrid Protocol: are they nearly there?

Patricia Covarrubia June 01, 2018 No comments:

In June 2017, the Brazilian Presidency sent to the National Congress Mensagem nº 201, to allow Brazil to adhere to the Madrid Protocol.

Therefore, building upon this, on May 10, 2018 the Brazilian National Institute of Industrial Property (INPI) and the World Intellectual Property Organization (WIPO)’s officials met at the headquarters of the INPI in Rio de Janeiro. At this stage, the WIPO exposed its experience in the management of this international trade mark registration system. INPI’s president noted the ‘efforts of the INPI team to reduce the time of examination of trade mark applications, in order to make possible the adhesion to the Agreement.’ The WIPO counterparts highlighted that Brazil is ‘well-structured to meet the requirements to participate in the Protocol, which will open up opportunities for domestic companies interested in the world market.’ On the same date, there was also a technical meeting with the INPI Trademark Board team, focusing on practical issues regarding the functioning of the system.

Additionally, on May 20, 2018, the General Coordinator of the Directorate of Trademarks, Industrial Designs and Geographical Indications (DIRMA), represented INPI at the "Meeting of Users of the Madrid System", organized by the WIPO in Seattle, United States. The INPI reported that the coordinator-general was as well to participate in the ‘IP Office Workshop’, which was organized by the Canadian, Hungarian and Mexico IPOs. It is also reported that one of the theme to be examined is ‘the registration of trade marks as part of an innovation strategy’.

Source the Brazilian National Institute of Industrial Property (INPI) here and here.

Brazil: going to Madrid?

Patricia Covarrubia November 10, 2017 No comments:

Welcome Madrid System!

At the Brazilian Office of the World Intellectual Property Organization (WIPO), the Instituto Nacional da Propiedade Industrial (INPI) presented a project showing the adequacy of the Institute's structure, which is a “fundamental step for Brazil's possible accession to the Madrid Protocol”. This appears to go in line with the Brazilian Presidency’s message on the topic which was delivered to the National Congress back in June.

At the moment the registration of a trade mark takes 25 months if unopposed but by 2018 such period will be shortened by the required 18 months. It is also said that by 2019, INPI might be starting to receive international orders via the Madrid System.

WIPO’s director and the regional director of the WIPO Office in Brazil and the INPI’s president spoke about the importance of the Madrid System enhancing the significance of the Madrid Protocol for Brazilian companies. INPI’s president also noticed the need for a better IT infrastructure and the necessity to hire new trade marks examiners.

Source INPI.

Some IPTango moves

* Listed as one of the "Best blogs on Intellectual and Industrial Property Law". The University of Alicante Intellectual Property & Information Technology Project (UAIPIT).

* One of the only two Latin American blog listed in the "Top 100 Intellectual Property Blogs". Feedspot, as of May 2021.

* Listed as one of the "Top 15 Blogs For An Intellectual Property (IP) Enthusiasts". Buzzfeed.com, January 2017.

* Listed as one of the "World's Best IP Blogs". BananaIP.com, December 2015.

* IPTango founder Professor Jeremy Phillips was listed as one of the Managing Intellectual Property magazine's "Fifty Most Influential People" of 2005, 2011, 2013, and 2014.

* Listed as one of the "Influential intellectual property blawgs". A Dictionary of Intellectual Property Law, Peter Groves, 2011.

* Listed as one of the "Communities of Blawgers". Los blogs jurídicos y la web 2.0. para la difusión y la enseñanza del derecho, Gonzalo Ramírez Cleves, 2010.