Chile and the Madrid Protocol: are we close yet?

In December 2020, the draft Agreement to approve the Madrid Protocol was entered into the first Chilean Constitutional procedure. The discussion of the draft began on December 15, 2020 at the Foreign Relations Committee of the Chamber of Deputies. 

The bill (Bulletin 13,929) relates to the international registration of marks. During the discussion, the subsecretary of International Economic Relations; the subsecretary of Economy; and INAPI’s director, explained the benefits and scope of the draft. The Ministry of the Economy and the National Institute of Industrial Property (INAPI), are seeking to promote national trade marks in the international market.

The Madrid Protocol is administered by the World Intellectual Property Organization WIPO). Among its benefits, INAPI notes: single application at the International Office (through the national office), lower management costs due to a single cost structure, presentation in a single language (Spanish, French or English), payment of a set of fees; adds value to products; contributes to global trade; protection in a globalized world. In this regard, INAPI’s director states that ‘80% of Chilean brands that are registered abroad do so in 6 of the 10 countries that are already part of the system.’ 

Thursday's session (14/01/2021) will open with the Protocol concerning the Madrid Agreement on the international registration of marks based on the report (here) prepared by the Commission of External Relations; a vote is expected. 

Membership of the Madrid Union stands at 123 countries (for the list, click here) that represent 80%+ of the word trade. An applicant from an Office of Origin (in this case, Chile) will select Contracting Parties (members of the Madrid Union) where it wishes to protect its mark and vice-versa.