With the first Madrid Protocol applications designating Lao PDR
entering from 7 March 2016, brand owners are now able to designate
five out of ten ASEAN nations using the international trade marks
filings system. With many of the political forces in the
remaining ASEAN nations focused on various domestic issues or
aligned with the status quo, it appears there could be
limited developments in the immediate future in this region.
Lao PDR becomes the 97th member of the Madrid Protocol which
celebrated 125 years since its introduction on 14 April this year.
2015 also saw the ascension of the Gambia, Algeria and Cambodia.
The Madrid Protocol now covers a total of 113
territories.
Whilst there has been much progress over the past few years, there
still remain some major economies which are not members, including
Canada and Brazil.
Canada is awaiting entry into force of provisions required to
comply with the Madrid Protocol standard. It is estimated that the
Canadian Trademarks Office will not begin accepting Madrid
applications before spring 2018. While some voluntary and limited
classification is now possible, this and other procedural aspects
of Madrid Protocol adoption will have to be crafted and refined
before the Madrid system may be used by trade mark owners to secure
Canadian rights.
Whilst the Brazilian Government announced in 2013 its intention to
introduce legislation that would allow for the Brazilian Congress
to consider the introduction of the Madrid Protocol, there have
been few developments since. The recent political turmoil is
unlikely to assist with the smooth passage of legislation.
One recent development that may promote the accelerated expansion
of the Madrid Protocol was the signing of the Trans-Pacific
Partnership Treaty (TPP) on 4 February 2016. The TPP IP chapter
includes provision that each party must accede to a number of
IP-related treaties, including the Madrid Protocol. Signatories to
the TPP not currently Madrid Protocol members are Canada, Chile,
Peru, Malaysia and Brunei. However, with both USA front-running
presidential candidates voicing their opposition to the TPP, its
final ratification or entry into force is far from certain.
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