Algeria
deposited its instrument of accession to the Madrid Protocol on 31 July 2015, and the
Protocol is to enter into force for Algeria on 31 October 2015.
Algeria
was the only one of the 95 current member States of the Madrid System that was
a party to the Madrid Agreement alone.
The
Madrid Agreement is much less streamlined and up to date than the Protocol. For instance, international
filings have to be based on a granted trademark registration, and certain
procedures can only be carried out through the home Office. Not only do these
sticking points give rise to delays and complications, but the Agreement does
not allow the designation of States that are parties only to the Protocol,
which include such major jurisdictions as the OHIM, JPO, and USPTO. This has no
doubt been a stumbling block for Algerian trademark owners, who up to now have
not been able to use the Madrid System to extend their rights to members that
are parties to the Protocol alone.
Although the Madrid System comprises
the Agreement, the Protocol and the Common Regulations, since the amendment of
article 9 sexies of the
Protocol (the safeguard clause) it is the Protocol alone which applies
between States bound by both the Agreement and
the Protocol. The accession of Algeria therefore represents a milestone for the
Madrid System, given that from 31 October 2015 all international
registrations of marks will be governed exclusively by the Protocol and the
system as a whole will, as a result, be greatly simplified.
Author: Cristina Arroyo
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