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Madrid Protocol in Latin America





Through its advocacy strategy launched in 2006, INTA, in partnership with the USPTO, WIPO and other IP associations, has played a leading role in promoting the Madrid Protocol in Latin American countries.

In recent years, many developments in the region have paved the way for adoption and implementation of the Madrid Protocol:

  • local government efforts to implement modern IP systems.
  • the rising activity of SMEs in the region’s economies.
  • the signing of trade agreements.
INTA policy seminars conducted throughout the region have championed the advantages of joining the Madrid System:

  • a simple and time- and cost-effective registration system (savings calculated to be 67% in total fees)
  • multiple registrations using one application in one language that can be in English, French or Spanish and one application fee.
  • streamlining of office procedures.
  • coexistence with national trademark systems, providing an alternative route for registering marks.
The Association is also working with local authorities and IP stakeholders to identify and address some of the challenges that must be overcome before the Protocol is implemented.


2015

March 23-24, 2015: The World Intellectual Property Organization (WIPO) in cooperation with the Mexican Institute of Industrial Property (IMPI) organized a two day conference in Puebla, Mexico on The International Trademark Registration System: The Madrid System. The conference featured attendees from all over the world, including representatives from IP Offices in Switzerland, Philippines, Australia, the United States, Tokyo, Brazil, Chile, and Colombia.

2014

Mexico

Since its accession in 2014, Mexico saw considerable increase in their Madrid filing (+74%). According to the WIPO Madrid Statistics for 2014, 14,500 Madrid applications have selected Mexico as a designated contracting party. Of the 99,000 trademark applications filed in Mexico in 2013, 5,700 (5%) were Madrid filings.



2013

Brazil
On April 9, 2013, in its consideration on accession to the Madrid Protocol, CAMEX (the Brazilian Chamber of Foreign Trade of the Federal Government) approved Brazil’s accession to the Protocol. The Brazilian National Institute for Industrial Property (INPI) press release indicates the Executive Branch (Casa Civil) is to introduce Madrid Protocol legislation for consideration of the Brazilian Congress.

Mexico
On February 19, 2013, the Madrid Protocol entered into effect in Mexico. INTA was among the international organizations invited to attend an official ceremony jointly organized by Mexican authorities from the Secretariat of Economy, the Mexican Institute for Industrial Property (IMPI) and the World Intellectual Property Organization. View May 1, 2013 INTA Bulletin article: INTA participates in Celebration of Mexico’s Entrance to Madrid System.


2012

Colombia
August 29: INTA President Gregg Marrazzo (Estée Lauder Inc.) and Laura Cruz, INTA External Relations Manager for Latin America, traveled to Bogota, Colombia, to attend a special program to commemorate Colombia’s accession to the Madrid Protocol. View October 1, 2012 INTA Bulletin article: INTA President Welcomes Colombia to the Madrid Protocol.

May 29: Colombia joins the International Trademark Registration System, having concluded with the formal requirement to deposit the instrument of ratification before WIPO. The Treaty will enter into force with respect to Colombia on August 29, 2012.

March 28: Colombia's Constitutional Court issued  Decision/Judgment C-251/12 declaring Law 1455 of June 29, 2011—through which Colombia approved the Madrid Protocol—and the Madrid Protocol itself to be enforceable.

Mexico
November 19: the government of Mexico acceded to the International Trademark Registration System.  Inta President Gregg Marrazzo sent a  congratulatory letter to the Hon. Bruno Ferrari Garcia de Alba, Mexico's Secretary of the Economy.

April 30: INTA distributed a press release in support of Mexico's accession to the Madrid Protocol.

April 25: Mexico's Senate approved—by 78 votes in favor, 0 abstentions and 0 votes against—the  draft decree on Mexico's accession to the Madrid Protocol.

April 19: the joint report of the Senate's Committees on External Relations, International Organizations, Commerce and Industrial Development recommending approval of the draft decree authorizing accession to the Madrid Protocol passed its first reading in the Senate's plenary.

April 10: Madrid Protocol was sent to the consideration of the Senate's Committees on External Relations, International Organizations, Commerce and Industrial development.

April 3: the Secretary of Governance from the Executive Branch  submitted the Madrid Protocol for the Senate's ratification.

March 25 to 29: an INTA delegation traveled to Mexico to express support for Mexico's accession to the Madrid Protocol as Mexico's Senate considers an initiative introduced in November 2011 to study the benefits of the Madrid System for Mexican companies.