Madrid Protocol a Game Changer for Ease of Doing Business Globally

The Trade Marks Act, tabled in Parliament on April 13, 2021 is scheduled to be debated in the House of Representatives, today, May 12, 2021. The passage of the Bill will, for example, allow for a single registration with the Jamaica Intellectual Property Office which will facilitate registration in other member states to the Protocol and therefore signals additional opportunities for growth and the facilitation of the ease of doing business within Jamaica and outside our borders.
The Trademarks Act 1999 is being amended to allow for the implementation of the Madrid Protocol in Jamaica and accession to the Protocol. The Madrid Protocol is included in the Madrid System for the International Registration of Marks which is governed by two treaties:
1. The Madrid Agreement concerning the International Registration of Marks,1981
2. The Madrid Protocol relating to the Madrid Agreement adopted in 1989 and entered into force on December 1, 1995.
This Bill seeks to make provisions for the Madrid Protocol as it provides for, inter alia, the making of an international application and registration procedures,
communication with the international Bureau, effecting of an international registration, recording of marks in the international register and the administration of fees in respect of the international registration of trade marks.
The Madrid Protocol is a game changer for entrepreneurs and creators alike, from facilitating the ease of doing business to creating new markets through the establishment of a convenient and practical avenue for registering and managing trademarks in up to 124 countries worldwide. The members include Canada, China, the European Union, the United Kingdom and the USA representing our major trading partners.
Jamaican products and creative content are exported to over 70 countries worldwide. With Jamaica’s accession to the Madrid Protocol, manufacturers and creators alike will be able to secure trade mark protection in other countries that are members, resulting in increased ease of protection in these markets and significant cost saving. The entities which will benefit includes the Jamaica Manufacturers and Exporters Association and those involved in cultural and creative industries. Further, Jamaica will be designated for the international registration of marks. This will be beneficial to Jamaica as it will, among other things, simplify the application process for marks and improve access in global recognition and adjudication.
In commenting on the Bill, the Minister of Industry, Investment and Commerce, the Hon. Audley Shaw said “I am pleased that the Trade Mark Amendment Bill is finally before Parliament, and look forward to greater protection for Jamaican products which will foster continued business expansion and create opportunities for Jamaica’s economic growth as a nation”
The Bill is definitely a move in the right direction for creating an enabling environment for Jamaican businesses in recovering stronger and faster in the current economic climate.”
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