- What is the Paris Convention?
The Paris Convention, adopted in 1883, applies to industrial property in the widest sense, including patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications and the repression of unfair competition. This international agreement was the first major step taken to help creators ensure that their intellectual works were protected in other countries.
- What is the Madrid System?
The Madrid System is a convenient and cost-effective solution for registering and managing trademark worldwide. The Madrid System provides for a single application and payment of one set of fees to apply for international registration of trademarks in up to 117 countries. It also permissible to modify, renew or expand your global trademark portfolio through one centralized system.
- Is Japan a member of the Paris Convention, the Madrid System?
– Japan has joined the Madrid Protocol since December 15th 1999. The Protocol allows companies and individuals who have protected their trademark in their own country to obtain an international registration of the mark by filing a single application with WIPO. This extends protection of the mark into the other member countries of the Protocol designated by the applicant. Japan’s accession to the Protocol brings the number of participating countries to 42.
Besides, please notice that when you register trademark through WIPO designating in Japan, the individual fee in Japan is separated into two parts. The first part of the individual fee, which corresponds to an application fee, will have to be paid at the time of international registration or the subsequent designation. The second part of the individual fee, which corresponds to a registration fee, will have to be paid within the prescribed period mentioned in the “Notification of second part of individual fee” which will be issued with “Statement of grant of protection”. Both fees are to be paid directly to the International Bureau of the WIPO.
– Japan is a member state of the Paris Convention for Protection of Industrial Property since July 15th 1899. The Paris Convention provides Japan trademark holders the priority right when filing trademark application in other member states. Trademark holders who has filed trademark application in Japan, shall enjoy the priority for their application in another member state of the Paris Convention, to be treated as filed on the filing date of the application in Japan (hereinafter referred to as “priority date”), as far as the contents were described in the application documents of the application in the first country.
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