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International Protection of Marks Paris Convention for the Protection of Industrial Property Madrid System Concerning the International Registration of Marks Recent and Current Work in the area of Marks
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World Intellectual
Property Organization
Trademarks and BrandsThe Role of WIPO
Martha Parra FriedliAlicante, June 5 and 6, 2008
International Protectionof Marks
• Paris Convention for the Protection of Industrial Property
• Madrid System Concerning the International Registration of Marks
• Recent and Current Work in the area of Marks
The Paris Convention (PC)
• Historically at the origin of the most important international agreements administered by WIPO
• Established on March 20, 1883• Revised in 1900, 1911, 1925, 1934,
1958 and 1967• Amended in 1979• Members: 173
Recent Accessions (PC)
• Saudi Arabia March 2004• Andorra June 2004• Pakistan July 2004• Comoros April 2005• Montenegro June 2006• Yemen February 2007• Angola December 2007• Thailand August 2008
Madrid System
• The WIPO-administered Madrid System for the International Registration of Marks
• offers a worldwide oriented route to trademark protection in multiple countries by filing a single application
Madrid System
Madrid Agreement(adopted in 1891 and in force since
1893)
Madrid Protocol (adopted in 1989 and in force since
1996)
Common Regulations (adopted in 1996)
82 Members
Recent Accessions
• EU October 2004• Bahrain December 2005• Botswana December 2006• Montenegro June 2006• Viet Nam July 2006• Uzbekistan December 2006• Oman October 2007• Madagascar April 2008
The system provides
• One single filing and affordable procedure in up to 82 Contracting Parties
• Central administration of all changes subsequent to the international registration
• Simpler, faster and very much affordable• Simplified management of a trademark
portfolio
Major User CPs (Jan – Jul 2007)Country No. Filing Growth Share
Germany 3,388 7.0% 14.6%France 2,308 6.9% 10.0%US 2,045 10.6% 8.8%EC 1,896 41.7% 8.2%Switzerland 1,573 13.6% 6.8%Italy 1,538 - 9.6% 6.6%Benelux 1,537 0% 6.6%China 1,009 20.7% 4.3%UK 681 18.0% 2.9%Austria 665 - 2.5% 2.8%Australia 615 - 2.8% 2.7%Japan 604 19.8% 2.6%
In 2007
• WIPO received 40,000 applications (9.5% growth over 2006)
• Applicants paid on average 3,549 CHF for an international registration
• 81% of registrations were less than 5,000 CHF
• An average of 8.4 designations were made per each registration
more information at:
www.wipo.int/export/sites/www/madrid/en/statistics/pdf/summary2007.pdf
Recent Work
WIPO Standing Committee on the Law of Trademarks, Industrial Designs and
Geographical Indications (SCT)
(international norm-setting)
The Singapore Treaty on the Law of Trademarks
adopted on March 27, 2006
The Singapore Treaty
• Revised Trademark Law Treaty (1994)
• Objective: harmonization and simplification of administrative requirements relating to the registration of marks
• Mostly procedural aspects
Procedures covered
• application for registration• appointment of a representative• changes in name or addresses• correction of mistakes• transfer of ownership• renewal of registration• relief measures• recording of licenses
Ongoing Work
• Results of a survey: “Questionnaire on Trademark Law and Practice”
• Replies received from 73 Member States and three intergovernmental organizations
• Document WIPO/Strad/INF/1, available at : www.wipo.int/sct/en
Ongoing Work
• Since November 2006• Non-Traditional Marks (“graphic”
representation)• Trademark Opposition Procedures
(possible areas of convergence)• Improvements in the Administration of
Article 6ter PC- Database- Communication Procedures
Thank [email protected]