Author Profile

Legal India News Admin

Posted On by &filed under .

What are the Innovations introduced by the Madrid Protocol?

What are the Innovations introduced by the Madrid Protocol?

Innovations introduced by the Madrid Protocol are –

    • An international application need not necessarily be based on a registration made by the Office of Origin but can also be based on an application filed with the Office of Origin. This makes it convenient for countries with full examination system where the national registration takes time. It also makes it possible to claim the right of priority of six months under the Paris Convention.

    • A Contracting Party can receive the fee under the existing Madrid Treaty system through its share in the international fees collected: for each designation made as in the Madrid Treaty. Alternatively, the member country can choose “Individual fee” system for each designation made, which should be an amount not more than the national fee for a ten-year registration. The “Individual fee” system makes an attractive proposition for countries with high level of national fees.
    • It is possible to transform an international registration into national or regional application in the designated Contracting Parties, if the basic registration is cancelled for some reasons, as in the case of “Central Attack”.
    • An applicant may choose to base an international registration in any of the Contracting States with which he has connection through nationality, domicile or establishment.

Leave a Reply

Be the First to Comment!

Notify of