In an attempt to integrate the Indian intellectual Property Right (IPR) laws with the international IPR system the Government of India has taken the decision to join the Madrid Union by acceding to the Madrid Protocol of 1989. The Madrid Agreement, 1891 along with the Madrid Protocol, 1989 governs the system of International Registration of Marks (trademarks and service marks).

Following the decision of the Union Cabinet, the Central Government will now introduce a Bill before the next session of the Parliament, to amend the Trade Marks Act, 1999. This is being done with a view to incorporate the International System of Registration of Marks. The Indian Trade Marks Rules, 2002 will also be amended pursuant to the amendments in the Trade Marks Act, 1999. Needless to say, this is yet another welcome initiative by the Government to globalise India`s IPR system.

The Madrid system facilitates registration of Marks in the International Register administered by the International Bureau of the World Intellectual Property Organization (WIPO). A mark registered in the International Register is granted protection in all the designated member countries, which is equivalent to territorial registration in nature. Furthermore, the International Registration functions as a bundle of national registrations, thus subsequent maintenance of registration becomes easier. For instance, there is only one registration to renew. Any changes / alteration in ownership or name and address of the registrant in the International Register can be made through a single procedural step.

Once the legislative amendments are done on the Trade Marks Act, 1999 the Indian trademark owners or applicants can apply through the Indian Trademark Registry for registration of their marks in the International Register and designate the countries in which they seek protection. Similarly, the owners of foreign marks can now seek protection of their marks in India by designating India in their International Application or by applying for inclusion of India in their International Registration. Currently, 71 countries are members of the Protocol, 57 countries are the members of the Agreement and 48 countries are members of both the Agreement and the Protocol. This will also facilitate transfer of technology through trade marks licensing.