Right of Priority

 On

the basis of the regular application in one country, can apply for protection in most other countries  Period 6 -12 months, depending on the IPR  Later applications will be treated as if they had been filed on the same day as the earliest application

advantage and a deadline  Strictly adhere to it  Patents  12 months (convention application)  30/31 months (PCT Application) IDs 6 months Trademarks 6 months only loose priority, not the right 

Practical

PCT, Madrid, Hague

International Business: Strategy, Management, and the New Realities

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BACKGROUND
Intellectual property rights (trade marks, patents and designs) are territorial in nature i.e. one has to go to each and every country for registration/protection. The Paris Convention regulate how territorial registration should be conducted. There are four other treaties which deals with the international registration/deposit of intellectual property rights (IP), namely: Patent Co-operation Treaty (PCT) for Cointernational registration of patents.

o

o

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Hague Agreement 1960; Geneva Act 1999 for international deposit of designs (Hague System). Madrid Agreement 1891; Madrid Protocol 1989 for international registration of trade marks (Madrid System). Budapest Treaty for international deposit of microbes/micromicrobes/micro-organisms. India is a member of the Patent Co-operation CoTreaty, Budapest Treaty and the Paris Convention.

Madrid System  

 

The WIPO-administered Madrid System for the WIPOInternational Registration of Marks offers a worldwide oriented route to trademark protection in multiple countries by filing a single application. The system is governed by two treaties: The Madrid Agreement Concerning the International Registration of Marks (1891) and the Protocol Relating to the Madrid Agreement (operational since 1996)

the international registration and administration of Marks in up to 84 Contracting Parties:  through a single administrative procedure  in a single language and currency  by centralizing the filing of applications  through central management of registrations 
Facilitates 

The A

Registration Procedure

basic registration and/or application is needed  The international application is presented to WIPO by the Office of Origin  Formalities carried out by WIPO  Role of Designated Contracting Parties  Centralized management by WIPO management 

 

 

Examination by the DCP The Office of a designated CP examines the registration in exactly the same way as a national application Provisional refusal to be expressed within 12/18+ months Provisional refusal recorded in the WIPO Gazette and transmitted to the holder If no provisional refusal/withdrawal is expressed, the designated CP issues a grant of protection

The Hague Agreement 


The Hague Agreement is an international registration system for designs It offers the possibility of obtaining protection for industrial designs in a number of States and/or intergovernmental organizations (both referred to as Contracting Parties ) by means of a single international application filed with the International Bureau of the World Intellectual Property Organization (WIPO).

The Hague Agreement 
The

Hague Agreement is constituted by three international treaties:  The London Act of June 2, 1934 (the 1934 Act );  The Hague Act of November 28, 1960 (the 1960 Act );  The Geneva Act of July 2, 1999 (the 1999 Act ).

The Hague Agreement 
  

The international registration service for industrial designs With a single request, you can register your designs using a simple procedure With a single form you can register up to 100 industrial designs, in over 75 countries, including the 27 European member states and the 16 member countries of the African Intellectual Property Organization. The fact that the system uses a common currency (Swiss Francs) and language (English or French) simplifies the registration process.

Facilitate the establishment and maintenance of design protection through a single international deposits of member states. The Geneva Act seeks to make the system more responsive to the needs of users. Provides for the participation of regional systems, e.g. European Patent Office (EPO), African Regional Industrial Property Office (ARIPO), etc.

HOW DOES THE HAGUE SYSTEM WORK?

WHICH PROBLEMS ARE ADDRESSED BY THE RATIFICATION OF THE TWO SYSTEMS?
Cost effective and quicker registration in designated countries. No longer necessary to go from one country to another. Increased activities on IP in Registries and the country. Market access in other jurisdictions Protection of investors and IP holders and building confidence. Foreign direct investment into the country.

Various other treaties
IP Protection  Berne Convention  Brussels Convention  Film Register Treaty  Madrid Agreement (Indications of Source)  Nairobi Treaty  Paris Convention  Patent Law Treaty  Phonograms Convention  Rome Convention  Singapore Treaty on the Law of Trademarks  Trademark Law Treaty  Washington Treaty  WCT  WPPT Classification 
  

Locarno Agreement Nice Agreement Strasbourg Agreement Vienna Agreement

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