India moved one step closer to making the Madrid Protocol system operational in November, following the government’s approval to accede to Madrid in February 2007.
With a view to amend the Trade Marks Act, 1999, the Trade Marks (Amendment) Bill 2007 was introduced in the Lok Sabha in August 2007. The bill was referred to the Department-related Parliamentary Standing Committee on Commerce for examination and a report.
In March 2008, the Committee presented its report on the bill to both houses of Parliament, paving the way for amendment of the Trade Marks Act, which presently governs the trademark and service mark provisions in India. The report endorsed the proposal and objectives of the bill in general and agreed with most of the provisions of the bill.
On November 20, 2008, the Union Cabinet gave its approval for modification of the Bill with certain consequential changes on the basis of the recommendations contained in the Report of the Committee. It also gave its approval to reintroduce the bill in the Parliament.
The amended bill aims to provide better protection to Indian marks in designated member countries and afford reciprocal protection to marks from member countries abroad. This should encourage transfer of technology through mark licensing and franchising and generally promote overall business confidence in the Indian IPR System globally.
However, it will take some more time for the Act to be amended and for the Madrid system to be operational in India.
Once operational, applicants from outside India seeking international registration of marks in multiple jurisdictions will have the benefit of obtaining registration in India also under the Madrid Protocol. Similarly, applicants from India seeking registration of marks in multiple jurisdictions outside India will be able to do so under the Madrid Protocol.
Thus the proprietors of marks in India and outside India will all have the benefit of obtaining international registration of their marks in the member countries including India in a single application in a single administrative procedure and in a relatively simple and cost-effective manner under the Madrid System in the near future. Currently there are 71 member countries to the Madrid Protocol. India’s accession raises the number of contracting states of the Madrid Protocol to 72.
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