1. H AGUE AND MADRID SYSTEMS Moses Moeletsi Chief Director: Policy and Legislation 11 August 2004

2. BACKGROUND ⇨ Intellectual property rights (trade marks, patents and designs) are territorial in nature i.e. one has to go to each and every country for registration/protection. ⇨ The Paris Convention regulate how territorial registration should be conducted. ⇨ There are four other treaties which deals with the international registration/deposit of intellectual property rights (IP), namely: Patent Co-operation Treaty (PCT) for “international” registration of patents. Hague Agreement 1960; Geneva Act 1999 for international deposit of designs (Hague System). Madrid Agreement 1891; Madrid Protocol 1989 for “international” registration of trade marks (Madrid System).

3. Budapest Treaty – for international deposit of microbes/micro-organisms. ⇨ International registration is where the applicant just ticks/designate in one form member states which he or she seeks protection. ⇨ In the case of international deposit, all designs are registered at a central point, namely, at WIPO level. ⇨ South Africa is member of the Patent Co-operation Treaty, Budapest Treaty and the Paris Convention.

4. HOW DOES THE MADRID PROTOCOL WORK? ⇨ Facilitate international registration, maintenance and renewals (national laws still apply). ⇨ Protocol is less rigid, e.g. choice of language French/English. ⇨ Allows 18 months for processing the applications instead of 12 months (Madrid Agreement).

5. HOW DOES THE HAGUE SYSTEM WORK? ⇨ Facilitate the establishment and maintenance of design protection through a single international deposits of member states. ⇨ The Geneva Act seeks to make the system more responsive to the needs of users. ⇨ Provides for the participation of regional systems, e.g. European Patent Office (EPO), African Regional Industrial Property Office (ARIPO).

6. WHAT ARE THE BENEFIT FOR JOINING THE MADRID AND HAGUE SYSTEMS? ⇨ Offer advantages to IP owners, registration offices and member states. ⇨ Effective and quicker registration and protection of their rights by offering a single registration process for a number of designated countries. ⇨ Generates greater activity in IP and generates fee income for member states, e.g. PCT in South Africa. ⇨ SA trading partners are members of the Madrid and Hague systems.

7. WHAT MEASURES ARE PUT IN PLACE IN ORDER TO COPE WITH THE INCREASED NUMBER OF APPLICATIONS? ⇨ For the Hague System, there are two personnel. They will undergo the training with WIPO. ⇨ For the Madrid Protocol, there are ten examiners who are well trained.

8. WHICH PROBLEMS ARE ADDRESSED BY THE RATIFICATION OF THE TWO SYSTEMS? ⇨ Cost effective and quicker registration in designated countries. No longer necessary to go from one country to another. ⇨ Increased activities on IP in Registries and the country. ⇨ Market access in other jurisdictions. ⇨ Protection of investors and IP holders and building confidence. ⇨ Foreign direct investment into the country.

9. HOW DOES THE RATIFICATION OF THE TREATIES RELATE TO THE CCRD’s AND THE dti’s OBJECTIVE? ⇨ Market access. ⇨ Foreign direct investment (trade marks). ⇨ Confidence building for investors. ⇨ Harmonization of IP laws with those of trading partners. ⇨ Provide a fair and equitable framework in IP area. ⇨ Competitiveness

10. CONCLUSION Ratification to these international instruments will enable South Africa to compete in the globalized world. The country, IP users, and the CIPRO will immensely benefit.