Marques 2015: Madrid System ‘still worth it’

A former Marques chairperson gave a robust defence of the Madrid System, stating that it still offers an advantage to trademark owners seeking international protection despite outlining some of its problems.

Tove Graulund, who now heads Graulund Consulting, said she still believes “Madrid is an advantage” and that the “big reward is at the end”.

“Just go through the examination, and the process will be much easier,” she told delegates at the Marques 29th Annual Conference in Vienna yesterday, September 16.

She said the key advantages of using the Madrid system are the savings made from not having to file applications in individual jurisdictions and only renewing trademarks in a single location, but she acknowledged that many applicants have had issues with spending much of those savings on dealing with refusals from different jurisdictions.

Also speaking on the panel was a representative from the World Intellectual Property Organization (WIPO).

Marie-Paule Rizo, head of the industrial design and geographical indication law department at WIPO, said the recent accession of Algeria to the Madrid Protocol was an important milestone.

Last month Algeria deposited its instrument of accession to WIPO, making it the 95th country to join the Madrid Protocol.

Rizo said the Madrid System covers 80% of the world’s markets and is expected to expand further in the near future. Trinidad & Tobago and Jamaica are expected to join by the end of the year, and Canada and South Africa are due to by the end of 2017.

Rizo also spoke about developments with the Hague Agreement and said it has “exciting days ahead”. Japan, South Korea and the US all joined the design system earlier this year.

But she added there are “complications” with the system because “design law is far from harmonised internationally”.

The Marques Annual Conference runs from September 15 to 18.