In an important development regarding multi-national trademarks, members of the Assembly of the Madrid Union for the international registration of trade marks have approved the repeal, from 1 September 2008, of the “safeguard clause” of the Madrid Protocol which provides that in relations between states bound by both the Madrid Agreement and the Protocol, the provisions of the Agreement, which has provided a system for international trade mark registration since 1891.
Many countries never joined the Agreement, and the Protocol, addressed perceived defects with the Agreement. currently, the two systems operate in parallel, although it is envisaged that eventually the Protocol could supersede the Agreement.
As a result of the repeal, from 1 September 2008, the Agreement will remain applicable only in relations with the seven countries which are bound solely by the Agreement.
Source: WIPO press release, 8 October 2007.
Israel will be implementing the Madrid Protocol soon. Presently however, Israel is not bound by either the Agreement or the treaty, and foreign entities must use local representation when applying for trademark protection in Israel.
