Mexico enters the Madrid Protocol

By Nuria Becerril, Becerril, Coca & Becerril, S.C.

Information was firstly released by Diario Reforma that on November 17th, the Senate approved a “point of agreement” promoted by the Partido de Convergencia, which invited the Commision of Commerce and Industrial Promotion and the Commision of Finance and Public Credit to carry out the necessary studies in order to assess the benefits that the adherence of Mexico to the Madrid Protocol would provide to Mexican enterprises.

It is important to take note that this promoted Point of Agreement included to exhort the Executive Power to sign this international agreement in case the analysis of these Comissions had a positive outcome.

Questions were made to Rodrigo Roque, Director General of the Mexican Institute of Industrial Property (IMPI) regarding this significant situation, to which he expressed that the Madrid Protocol is an alternative to ease the international registration of a trademark in the countries belonging to the Protocol so the owners of a trademark could defend it in a more expedite manner from counterfeiting than with a normal procedure. This as well represents a competitive advantage to the owner of the Intellectual Property right.

He expressed as well that in order to be prepared to any changes in the near future, he had already assigned the Federal Bureau of Regulatory Improvement (COFEMER) to analyze the impact that this Agreement would have in the different economic sectors in Mexico.

He also stated that the adhesion of Mexico to this Agreement would be very convenient because in 2015, the Asiatic block conformed by China, Japan and India will sign the Protocol, and therefore, Mexican companies would be able to export their goods to those countries in a more straightforward way.

Finally, on April 25, 2012, the Mexican Senate approved the adhesion of Mexico to the Madrid Protocol by 78 votes in favor, 0 abstentions and 0 against. After the Mexican Senate’s approval of the Madrid Protocol, a deposit for adhering Mexico to the Protocol will be made at the OMPI.

With this action, Mexico is on its way to becoming one of the first Latin American countries to join the Protocol. Colombia adhered to the Madrid Protocol in May this year.

At this moment, the date when the Madrid Protocol will be in force and effect in Mexico is uncertain.