HAGUE AND MADRID SYSTEMS Moses Moeletsi Chief Director: Policy and Legislation 11 August 2004

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HAGUE AND MADRIDSYSTEMSMoses MoeletsiChief
Director Policy andLegislation11 August 2004
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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
  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).

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• 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.

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• 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).

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• 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).

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• 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.

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• 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.

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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.
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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

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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.