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Trade mark owners' perspectives on the Madrid System: practical experiences and theoretical underpinnings
Authors:Ghafele  Roya
Abstract:Legal context: The Madrid System for the registration of trade marks is basedon two international treaties: the Madrid Agreement Concenringthe International Registration of Marks and the Protocol Relatingto the Madrid Agreement Concerning the International Registrationof Marks. The objective of the system is to assist trade markowners in obtaining trade mark protection internationally andto facilitate their worldwide protection. Thus, the questionarises to which extent the system meets the requirements itwas designed for. Key points: This article presents the Madrid System from in internationaltrade mark owner's perspective, links the Madrid treaties withtrade, and evaluates the Madrid System from a practitioner'spoint of view. The views of trade mark owners varying in size,geographical distribution, market context and number of trademarks filed through the Madrid System have been explored ina series of 23 in-depth interviews. Practical significance: The empirical analysis underlines the important role of theMadrid System in expanding business' market coverage, but alsoshows that a major challenge will be to meet the diverse needsof business operating in varied contexts of developing and developedcountries. While trade mark owners in developed countries needa system that fits high-speed post-Fordist business operations,further awareness-raising and capacity building is necessaryto fully integrate the private sector in developing countriesand to expand participation beyond current usage levels.
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