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Brazil is increasingly closer to joining the Madrid Protocol

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There is a growing expectation regarding Brazil’s accession to the Madrid Protocol. This week, in an Ordinary Deliberation Meeting, the House of Representatives’ Committee of Economic Development, Industry, Commerce and Service (CDEICS) approved the Madrid Protocol Draft Legislative Decree (PDC 860/2017). It is still pending approval of the Committee of Constitution and Justice and Citizenship (CCJC), before being submitted to a Plenary House vote, to finally, proceed to the Senate.

A public hearing took place at the House Of Representatives in August, where several representatives of the market and institutions representing intellectual property rights were in favor of the accession of the Protocol, if some adjustments were made to comply with the Brazilian legal system. It was also reported at the time that the BPTO is preparing itself to be able to receive international trademark applications designating Brazil at the latest by next year.

The BPTO has been training its examiners to prepare them for the possible future implementation of the Madrid Protocol and has been taking steps to reduce its backlog to up to 18 months by the end of this year, in order to comply with the technical aspects required. This year marks the first time that the Madrid Protocol figures in the BPTO’s Action Plan, which lays out the stated goals for the BPTO to pursue throughout the year.

The Madrid Protocol gives trademark owners the possibility of having their trademarks protected in several countries at once by filing one application directly with their own national or regional trademark institute, and selecting additional countries it wishes to extend protection to.

The Madrid system of international registration of trademarks covers two treaties: the Madrid Agreement, dating back to 1891, and the Madrid Protocol of 1996, both administered by the International Bureau of the World Intellectual Property Organization (WIPO).

Brazil did not accede to the Protocol, although it signed the Madrid Agreement (Decree No. 5685 of 1929), and subsequently denounced it (through Decree No. 196 of 1934). Since 2001, the Brazilian government has examined whether  or not to join the Protocol.

If it did, there would be a greater ease of international expansion of Brazilian services and products and their franchises abroad, and vice-versa, since more than 100 countries are part of the Madrid Protocol, which represents more than 80 % of world trade.

Nothing is finally decided. Now that the elections are past us, time will tell whether the Madrid Protocol will stay on the agenda or whether it will be left for the next term.

For more information about Madrid Protocol, trademarks and other assets or intellectual property rights, please do not hesitate to contact us.

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