India accedes to Madrid Protocol

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

India accedes to Madrid Protocol

After more than six years of preparation, India will complete its final accession to the Madrid Protocol on July 8

India is the 90th country to accede to the protocol, joining recent signatories Mexico, the Philippines and New Zealand.

The country's cabinet agreed to join Madrid back in February 2007, and India has been working to ensure that its trade mark system was prepared to meet all its obligations under the Protocol.

One major concern was application pendency periods. In an interview with Managing IP in May 2010, then controller of patents and trade marks PH Kurian said that India had reduced pendency times to 18 months, despite claims by some rights holders that applications often took two to three years. Practitioners told Managing IP that in the last two years, the IP office had made it a priority to clear out its backlog and to continue reducing pendency periods in preparation for Madrid.

Some of the newest members of the Protocol have faced challenges. Mexico’s lack of an opposition system is seen as a flaw, and domestic use of the Madrid Protocol has been low there. In the Philippines, the Intellectual Property Association of the Philippines has submitted a constitutional challenge, arguing that the changes in law made to comply with Madrid were improperly enacted, though the lawsuit has not stopped the accession.

more from across site and ros bottom lb

More from across our site

Sources say they have found the social media platform Bluesky to be a good place to post IP content, while others plan to watch the site closely
The USPTO’s internal ban on AI use, a major SEP ruling rejecting an interim licence request, and the EUIPO’s five-year plan were among the biggest talking points
Speaking to Managing IP, Kathi Vidal says she’s looking forward to helping clients shape policy when she returns to Winston & Strawn
AA Thornton and Venner Shipley’s combination creates a new kid on the block, but one which could rival the major UPC players
Amit Aswal explains why you should take on challenges early in your career and why the IP community is a strong, trustworthy network
Five members of Qantm’s leadership team, including its new managing director, discuss how the business is operating under private equity ownership and reveal expansion plans
In our latest UPC update, we examine an important decision concerning the withdrawal of opt-outs, a significant victory for Edwards, and the launch of a new Hamburg-based IP firm
The combined firm, which will operate under the Venner Shipley name and have 46 partners, will go live in December
Vidal, who recently announced her departure from the USPTO, said she decided to rejoin the firm because of its team and culture
Osborne Clarke said John Linneker’s experience, including acting for SkyKick in the seminal dispute with Sky, will be a huge asset to the firm
Gift this article