MP APPLICATION PROCEDURE WIPO CONFIRMS BASIC REQ. MENT PUTS IR REQUEST SUBMITTED TO THE COUNTRY OF ORIGIN COUNTRYOF ORIGIN CERTIFIES THE IR COUNTRY OF ORIGIN FORWARDS IR TO WIPO WIPO ISSUE IR AND FORWARD TO DESIGN. IN EACH OF THE DESIGNATED COUNTRIES. YES YES WIPO RETURNS TO COUNTRY OF ORIGIN FOR CORRECTION (3 MONTHS D.L) 10 MERITS AND SHORTCOMINGS: One application, one fees, one language Administratives annoyanceLy allows rights holders to address members of the national, regional or global market Merits Limited No change in the brand allows following “Central Attack” defects seminar on services and initiatives of WIPO theme 5; Global IP databases, platform and tools for the Knowledge Economy networked Oslo October. CONCLUSION – The Madrid Protocol provides trademark holders with a simple, flexible and inexpensive centralized registration system for trademarks, and the benefits of the system will continue to extend if other countries join the system. It gives trademark holders the opportunity to register their trademark in several jurisdictions through a single application. NECESSARY CHANGES IN THE ESTABLISHMENT OF ORGANIZATION IN INDIA. AT PRESENT STAFFS ARE INADEQUATE. DATABASE TO BE MORE ACCURATE. EXTENSIVE TRAINING TO PROVIDE TO STAFF MEMBERS. 9 Benefits of the Madrid Protocol Conversion into National Applications 3 What is the Madrid Protocol? Allows: – International Simplified Deposit System – Simplified extensions, endowments and registrations – Three official languages 2 Table of Content Goals For introduction Madrid Agreement Comparison of the Madrid Protocol Advantages and disadvantages Indian perspective Conclusion POSITION PRESENT IN INDIA – The Indian economy has been consistently good in recent years with growth of 7 to 9%.
The number of trademark applications increased from 43234 in 1997 to 103419 in 2007. India received 123514 applications in 2008, almost 20% more than the previous year. 13 Implementation Strategies – Marked expressions are preferable because they are more likely to be intrinsically identifiable. Descriptive/generic concepts can give rise to objections and the benefit of cost savings INDIA S PREPARATION FOR THE ACCESSION TO THE MADRID PROTOCOL – INDIA NOT A MEMBER YET eliminate. A DRAFT BILL HAS PREPARED FOR THE MODIFICATION OF THE PRESENT TRADEMARK ACT. – THE IP OFFICE HAS COMPLETELY COMPUTERIZED AND COMPUTERIZED EXAMINATION HAS BEGUN. E-FILING BEGAN IN 2007. THE INDIAN GOVERNMENT HAS SANCTIONED $1.8 MILLION TO STRENGTHEN THE TRADEMARK REGISTRY INFRASTRUCTURE. ALSO NAMED 27 REVIEW ON A CONTRACT BASIS.
6 Effects of international registration – A set of national/regional rights – first with the same list of goods/services – WIPO may object to the formulation of goods/services before sending the IR to national offices. Other objections/refusals possible at national level APPLICANT FROM JAPAN WANTS TO FILE APPLICATION IN US,UK,CHINA FILES AN IA AT JPO JPO CERTIFYing IA SENDS TO WIPO ISSUE IR FORWARDS TO US,UK,CHINA FOR EXAMINATION 5 Anyone with a real and effective commercial or commercial location in a contractor; The home of a contracting party; is a national of a contracting state; or is a national of a member of the contract.