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A Business-Oriented Overview of Intellectual Property for Law Students. Betty Berendson Senior Information Officer, Information and Promotion Division Sector of Trademarks, Industrial Designs and Geographical Indications. The International Registration System of Marks (Madrid System).
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A Business-Oriented Overview of Intellectual Property for Law Students Betty Berendson Senior Information Officer, Information and Promotion Division Sector of Trademarks, Industrial Designs and Geographical Indications
The International Registration System of Marks (Madrid System) Basic Features and Advantages
Objectives of the System • International Registration and Administration of Trademarks in up to 78 Contracting Parties • through a single procedure • with a single administration • in a single language • Simplified access to foreign markets
Characteristics • Simpler, faster and much more affordable • Simplified registration in one country with the possibility of many designations • Simplified management of a trademark portfolio
Procedure through the Madrid System • Via national office • Language • Formal examination • Registration • Notification and publication • Refusal (or not) by designated Contracting Parties
Central Administration • Subsequent Designations • Assignments • Changes in Names and Addresses • Limitation, renunciation, cancellation • Renewal
(Including EC) Agreement only 10Protocol only 22Agreement and Protocol 46 Madrid Union(78 Members)
Top filer Membersin 2005 Germany 5,802 17.3% France 3,497 10.4% United States 2,847 8.5% Benelux 2,426 7.2% Italy 2,340 7.0% Switzerland 2,235 6.7% European Community 1,852 5.5% China 1,334 4.0% Austria 1,190 3.6% United Kingdom 1,014 3.0% Japan 893 2.7% Spain 853 2.5% Australia 852 2.5%
Significant filing increases in 2005 # filings growth United States 2,847 152.0% European Community 1,520 Japan 893 91.4% Australia 852 80.4% Turkey 699 71.7% China 1,334 63.3% Norway 226 52.7% Russian Federation 602 51.2%
Top designated countriesin 2005 China 13,576 Switzerland 13,192 Russian Federation 12,809 United States of America 11,861 Japan 10,099 Germany 9,153 Italy 8,818 Turkey 8,599 France 8,584 Norway 8,440 Spain 8,328 United Kingdom 8,288 Ukraine 8,270
International trademarks in force • some 440.000 registrations in force • over 5 million active designations • more than 145,000 different trademark owners
Registrations by Category of Right-Holderby the end of 2005 Marks by right-holder1-2 3-10 11-100101-500 > 500 Total Number of right-holders 116,43223,4144,87426621145,007 80.29%16.15%3.36%0.19%0.01%100,00% Right-holders (145,007) Registrations in force(438,853) > 500 marks5.34% 101-500 marks 11.27% 1-2 marks31.84% 11-100 marks26.79% 3-10 marks 24.76%
Trademarks Worldwide • Over 2,000,000 trademark applications are filed worldwide annually • Approximately 700,000 are international trademarks filings, from which: • Over 300,000 are filed through the Madrid System (43%)