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Indonesia's Accession to the Madrid Protocol: Is it Beneficial for Indonesia?

Nicolas Rafael

Contributor

31 Jan 2024 · 08:02 31 January 2024 08:02 WIB 4 minutes reading time: 4 minutes 77 read

This article briefly discusses Indonesia's Accession to the Madrid Protocol and its impact on international trademark registration.

Indonesia's Accession to the Madrid Protocol: Is it Beneficial for Indonesia?

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Table of Contents

Madrid Protocol
Indonesia Accedes to the Madrid Protocol
Stages of Trademark Registration to Destination Countries Through the Madrid Protocol
Domination of Foreign Brands
Besar, A. H. (2018, April 30).

Legal Literacy - This article briefly discusses Indonesia's Accession to the Madrid Protocol and its impact on international trademark registration.

Madrid Protocol

The Madrid Protocol originated from Madrid Agreement which was agreed upon and signed in 1981 and has been revised six times until 1967, with the aim of increasing the number of members.1 The Madrid Protocol itself was introduced and has been in effect since 1996 to expand the geographical scope of trademark registration and harmonize the trademark registration system worldwide. For a long time, Indonesia was reluctant to ratify the Madrid Protocol due to considerations regarding the advantages and disadvantages that would arise if it acceded to the protocol.

The Madrid Protocol is managed by World Intellectual Property Organization (WIPO), which is a specialized agency of the UN. The Madrid Protocol provides convenience in maintaining and providing trademark protection worldwide because it uses procedures that are applicant-friendly and cost-effective.2

Indonesia Accedes to the Madrid Protocol

Indonesia has finally acceded to the Madrid Protocol, which was ratified through Presidential Regulation Number 92 of 2017, in which the purpose of the ratification is regulated in the Presidential Regulation, namely to support the government's program in building global brands for Indonesian local products, and to develop small and medium enterprises that are able to compete in the global market, an effective and efficient international trademark registration system is needed. The Madrid Protocol itself has been effective since January 2, 2018, and Indonesia became the 100th member country.

The advantage of Indonesia acceding to the Madrid Protocol is that it makes it easier for MSME players when they want to register trademarksabroad, because if Indonesia has not acceded to the Madrid Protocol, MSME players or domestic trademark owners who want to register their trademarks abroad must use the conventional system, namely by submitting trademark applications directly to the destination countries using intellectual property consultants in the destination countries.