Decree approving accession to Madrid Protocol is published
On May 25 2012 the decree approving the accession of the United Mexican States to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (adopted in Madrid on June 27 1989, as amended on October 3 2006 and November 12 2007), was published in the Federal Official Gazette. The Mexican Senate had approved the country's accession to the Madrid Protocol on April 25 2012.
The bill relating to the Madrid Protocol was previously discussed and voted on by the Senate Commission of Commerce and Industrial Development and the Commission of Foreign Relations/International Organisations.
The joint commissions approved Mexico’s accession to the protocol based on the following arguments:
- cost and time reduction - Mexican applicants will be able to use a centralised international system for various types of proceedings;
- the recognition of international priority rights for Mexican trademarks - this will help prevent the 'hijacking' of Mexican trademarks in other countries;
- the prevention of unfair competition acts against Mexican trademarks in other countries;
- the promotion of Mexican exports; and
- the promotion and fostering of Mexico's international competitiveness and development.
According to the joint commissions, the Madrid Protocol will particularly benefit small and medium-sized businesses.
Since the Madrid Protocol is not self-executing, accession will imply (in order for it to regulate the national phase of the international registration of marks), a series of reforms and amendments to:
- the Industrial Property Law and its regulations; and
- the internal organisational regulations, bylaws and operational manual of the Mexican Institute of Industrial Property.
Among the most relevant amendments resulting from the accession to the protocol is the introduction of opposition proceedings into the Mexican trademark system.
Roberto Arochi, Arochi Marroquín & Lindner SC, México
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