Title: HAGUE AND MADRID SYSTEMS Moses Moeletsi Chief Director: Policy and Legislation 11 August 2004
1HAGUE AND MADRIDSYSTEMSMoses MoeletsiChief
Director Policy andLegislation11 August 2004
2- 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
international registration of patents. - 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). -
3- Budapest Treaty for international deposit of
microbes/micro-organisms. - ? International registration is where the
applicant just ticks/designate in one form member
states which he or she seeks protection. - ? In the case of international deposit, all
designs are registered at a central point,
namely, at WIPO level. - ? South Africa is member of the Patent
Co-operation Treaty, Budapest Treaty and the
Paris Convention.
4- HOW DOES THE MADRID PROTOCOL WORK?
- ? Facilitate international registration,
maintenance and renewals (national laws still
apply). - ? Protocol is less rigid, e.g. choice of language
French/English. - ? Allows 18 months for processing the
applications instead of 12 months (Madrid
Agreement).
5- HOW DOES THE HAGUE SYSTEM WORK?
- ? 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).
6- WHAT ARE THE BENEFIT FOR JOINING THE MADRID AND
HAGUE SYSTEMS? - ? Offer advantages to IP owners, registration
offices and member states. - ? Effective and quicker registration and
protection of their rights by offering a single
registration process for a number of designated
countries. - ? Generates greater activity in IP and generates
fee income for member states, e.g. PCT in South
Africa. - ? SA trading partners are members of the Madrid
and Hague systems.
7- WHAT MEASURES ARE PUT IN PLACE IN ORDER TO COPE
WITH THE INCREASED NUMBER OF APPLICATIONS? - ? For the Hague System, there are two personnel.
They will undergo the training with WIPO. - ? For the Madrid Protocol, there are ten
examiners who are well trained.
8WHICH 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.
9 HOW DOES THE RATIFICATION OF THE TREATIES RELATE
TO THE CCRDs AND THE dtis OBJECTIVE? ? Market
access. ? Foreign direct investment (trade
marks). ? Confidence building for
investors. ? Harmonization of IP laws with those
of trading partners. ? Provide a fair and
equitable framework in IP area. ? Competitiveness
10 CONCLUSION Ratification to these international
instruments will enable South Africa to compete
in the globalized world. The country, IP users,
and the CIPRO will immensely benefit.