초록 일부
[영문]
The accession to the international trademark registration was highly
required since international registration is simple and inexpensive, confers
extensive protection under trademark law, co...
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초록 전체
[영문]
The accession to the international trademark registration was highly
required since international registration is simple and inexpensive, confers
extensive protection under trademark law, constitutes an element of
cooperation in international trade in general and may contribute to the
development of trade relations throughout the world.
The International Registration of Trademarks administered by the
World Intellectual Property Organization (WIPO) is a well-established
Trademark System with a history dating back to 1892 on the basis of
two international treaties. The Madrid Agreement concerning the
International Registration of Marks was concluded in 1891 and entered
into force in 1892, and the more recent treaty is the Protocol relating to
the Madrid Agreement which was adopted in 1989, entered into force on
December 1, 1995 and came into operation on April 1, 1996.
The Madrid Protocol introduces a number of significant new features
into the system of the Madrid Agreement. Among others, an application
of international registration may be based on a registered national or
regional and on an application for such a mark. Each contracting party in
which the applicant seeks protection may, if it has made a declaration to
that effect, declare that protection to the mark can not be granted in its
territory within 18 months. It is possible for the contracting party to
choose either the French or English language for all communications
with respect to International registrations. The office of each contracting
party may receive higher designation fees than under the Madrid
Agreement. The international registration which are canceled because the
national or regional mark on which it is based has ceased to have effect
(central attack) may be transformed into national or regional applications
benefiting from its filing date and, where applicable, its priority date. The
intergovernmental organizations who have a regional office for the
purposed of registering trademarks, have access.
The Madrid Protocol has been ratified by U.K. France, Germany,
Australia, and Japan, as well. The U.S. is expected to be a contracting
party in this year. Korea is also to be a contracting party in one or two
years and already completed to revise the Trademark Law according to
the provisions of the Madrid Protocol in 2001. The Chapter Ⅷbis under
the new Trademark Law regulating the international trademark
registrations according to the Madrid Protocol will enter into force when
the Madrid Protocol is effective in Korea.
Under the new international registration system in accordance with the
Madrid Protocol, Korean companies and individuals will be able to enjoy
the following merit: By single procedure, they can file applications in
several countries; The total cost for filing and registering a trademark
will be remarkably reduced; They may confirm whether or not a
trademark can be granted registration or not in a timely manner;
They can maintain registrations in several countries through the
International Register by the International Bureau of the WIPO; They can
transfer or renew the application or registration for all designated
countries by a simple procedure. Of course, as a negative effect, the
trademark right may be considered to be fragile due to the central attack
system, and there may be unexpected problems in practice.
Therefore, before being a contracting party to the Madrid Protocol, we
need experts who can communicate with the International Bureau and
fluently deal with the international works, and the intranet system
between the Korean Industrial Property Office and the International
Bureau should be well established. Furthermore, we will have to fully
review our trademark protection system and should well prepare the
detailed regulations for the international registration procedure reflecting
Articles and Rules of the Madrid Protocol.
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