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What is the Madrid Protocol

What is the Madrid System

The Madrid System is a centralized filing and management procedure.  Through the Madrid System you can file one international application, in one language (English, French or Spanish), and pay one set of fees in Swiss francs to obtain international registration in multiple territories. (World Intellectual Property Organization)

What is the Madrid Protocol

The Madrid Protocol, is an international treaty which was adopted in order to remove the challenges deterring some countries from acceding to the Madrid Agreement, has two objectives, namely: (1) to facilitate securing protection for marks; and (2) to make the management of the registered marks easier in different countries.

Is the Madrid Protocol unconstitutional?

In the 2016 Special Civil Action case, the Intellectual Property Association of the Philippines (IPAP) questioned the constitutionality of the Madrid Protocol on the ground that the Madrid Protocol required the concurrence of the 2/3 of all the members of the Senate provided under Section 21 Article VII of the 1987 Constitution.

The Supreme Court ruled that the Madrid Protocol is in the nature of an executive agreement which maybe validly entered into without Senate’s concurrence under Executive Order No. 459.  Contrary to IPAP’s argument, the Madrid Protocol was signed pursuant to the mandate of Section 2 of the IPO Code which states that “It is also the policy of the State to streamline administrative procedures of registering patents, trademarks and copyright, to liberalize the registration on the transfer of technology, and to enhance the enforcement of intellectual property rights in the Philippines.”


Is the Madrid Protocol in Conflict with the IP Code

The Supreme Court ruled that the argument that the Madrid Protocol conflicts with the IPO Code on the ground that it does away with the requirement of a resident agent under Section 125 of the IP Code is untenable.  The Madrid Protocol is in accord with the spirit and intent of the IP Code insofar as the registration of trademarks is concerned.  It also stated that the method of registration through the IPOPHL, as laid down by the IP Code, is distinct and separate from the method of registration through the WIPO, as set in the Madrid Protocol. Comparing the two methods of registration despite their being governed by two separate systems of registration is thus misplaced.

Filed in: Corporate Services

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