Is Madrid Protocol a Treaty?

By Michael Ferguson

The Madrid Protocol is a treaty that was established in 1989 with the purpose of simplifying the process of registering and managing trademarks across multiple countries. The treaty is administered by the World Intellectual Property Organization (WIPO), which is a specialized agency of the United Nations.

What is a Treaty?

A treaty is an agreement between two or more countries that establishes legal obligations for each party. Treaties can cover a wide range of topics, including trade, human rights, and environmental protection. In order to become binding, treaties must be ratified by each participating country.

Is Madrid Protocol a Treaty?

Yes, the Madrid Protocol is a treaty because it establishes legal obligations for the countries that are party to it. Specifically, the treaty allows trademark owners to apply for protection in multiple countries through a single application process. This simplifies and streamlines the registration process, making it easier for businesses to protect their intellectual property in foreign markets.

How Does the Madrid Protocol Work?

Under the Madrid Protocol, trademark owners can file an international application through their home country’s trademark office. This application is then sent to WIPO for review. If WIPO approves the application, it will be forwarded to each country where protection is sought.

Each individual country has the right to approve or reject the application based on its own laws and regulations. If approved, the trademark will be protected in that country according to its national law.

Benefits of Madrid Protocol

The Madrid Protocol offers several benefits for trademark owners who are looking to protect their intellectual property in multiple countries:

  • Streamlined Application Process: Instead of filing separate applications in each individual country, trademark owners can file a single international application.
  • Cost Savings: Filing one international application can be less expensive than filing multiple applications.
  • Efficiency: The Madrid Protocol can save time by allowing trademark owners to manage their trademark portfolios through a single system.
  • Flexibility: Trademark owners can add or remove countries from their international registration at any time.

Conclusion

In conclusion, the Madrid Protocol is a treaty that simplifies the process of registering and managing trademarks across multiple countries. By allowing trademark owners to file a single international application, the Madrid Protocol streamlines the registration process and offers several benefits for businesses looking to protect their intellectual property in foreign markets.