The controversy over the African Intellectual Property Organisation’s (OAPI) recent accession to the Madrid Protocol continues to develop, with the group of agents who claim accession is illegal calling on INTA for support. However, the association has told World Trademark Review that  it is not in a position to become involved in the legality of a country’s or intergovernmental organisation’s accession to the Madrid Protocol.

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RE: INTA offers assistance to OAPI as anti-Madrid agents decry lack of support

Interestingly no one remembers that the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks is affiliated to the Madrid Agreement Concerning the International Registration of Marks (1979). As we use "protocol", "agreement", "convention" or "treaty", one can easily assume they are the same entity in international law but with different names. That is quite a lack of knowledge in international law, as they are distinct in objectives and well as in substance. Apparently I do not see any impediment for any entity joining a Protocol, but I would be very surprised if an entity ( private or not), which does not translate in sovereignty as a State, signing and ratifying a treaty.

Ana Penteado, on 28 May 2015 @ 14:25

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