Friday, November 30, 2012


The system of registration succeeded in most countries due to the pressure of the traders. Because it was difficult to negotiate bilateral arrangements with other countries, when their nationals could not be offered the protection of a registered right. The first step in the world scenario came up with the Paris Convention on the Industrial property of 1883.The Paris Convention at no stage provided any form of international application for registration in a number of countries. But as early as 1891, some Paris participants were prepared to take this step in the subsidiary Madrid Agreement. This allows an applicant who has registered a mark in his home or business country to deposit an international registration with an international office (now WIPO). The mark will then be registered in each other Member State designated by the applicant, unless that state raises an objection, under its national law, within 12 months.

For countries such as the United Kingdom, which have a full examination of applications, the Madrid Agreement in its original form has remained unattractive. It gives advantages to those with easier access to their home registers and as a consequence its fee structure has been unacceptable. In 1989, however, a Protocol to Madrid was negotiated which offered an alternative method of using the Madrid scheme. This Protocol attracted British approval and is being given effect under the 1994 Act.

Another such agreement was the TRIPS Agreement. It imposes an obligation on its participant states to apply the Paris Convention standards relating to the trademarks. It also cross-refers to those provisions at a number of points, supplements some of them in significant respects and imposes its own obligations in addition.

Authored by Anisha Pal
Posted By Aurobinda Panda