Sri Lanka and Madrid Ratification: On the Way to International Branding Protection
Ratification
During the process of establishing a consolidated Intellectual Property (IP) Policy, Sri Lanka has managed to improve its own Intellectual Property ecosystem, working on many advancements in this matter. The objective is to improve the enforcement of existing IP rights, along with promoting innovation and economic growth.
Considered as an emerging country that detains a growing role in technology and economic markets on a regional and international level, the Sri Lankan government endeavors to promote Sri Lanka as a commercial hub in Asia.
In this context, trademarks can play a deciding role, knowing that Sri Lanka is interested in the promotion of a trademark environment for both the internal and external market.
Sri Lanka has committed to join the Madrid Protocol, aiming to develop and enhance the profit of International Business and Exportation activities. Hence, this implicates protecting the branding of each element of the commercial activity through registering trademarks to benefit from protection against any violation of the trademark.
To increase financial gain through export activities and international trading, exporters will have to register their trademarks on a national as well as international scale. Nevertheless, registering in different countries separately can be costly and time-consuming. Therefore, the Sri Lankan government decided to accede to the Madrid Protocol.
Accession to the Madrid System depends on the government’s roadmap, the legal landscape, and the ascending needs of the market. On February 23, 2020, the Sri Lankan government decided to accede to the Madrid Protocol, with NIPO putting its last notes for the final ratification.
The Sri Lankan government passed its Intellectual Property Rights Act in 2003, the Act encompasses protection for Copyright, Patent and trademark.
The National Intellectual Property Office of Sri Lanka established under the Intellectual Property Act No. 36 of 2003.
The Madrid Protocol, or the Madrid System, is an international convention in the field of branding, especially for the international registration of marks. It is considered the only global registration system for trademarks. Trademarks being internationally registered obtain protection internationally; the trademark holders are allowed to register a trademark in several countries simultaneously with only one application, one language, and denominated in one currency.
By registering a trademark according to the Madrid Protocol, the holder of the registration obtains international protection and related exclusive rights over the use of that trademark in connection with the goods or services for which it is registered in the designated territory or region.
The Madrid Protocol, or as it is described, the International Trademark Registration Treaty, confers several benefits: it protects a mark in a large number of countries by obtaining an international registration that affects each of the contracting parties. The Madrid System is a one-stop and cost-effective way to protect trademarks in multiple markets and about 130 jurisdictions.
By protecting commercial interests abroad, the system leads to a successful global business strategy, offering simultaneous protection in the territories of its members with advantages in time and costs through:
- Filing one international application instead of multiple national applications
- Filing in one language
- Paying one set of fees in one currency
- Obtaining an international registration covering multiple territories
In the process of filing an international trademark application through WIPO’s Madrid System, a mark may be the subject of an international application only if it has already been registered with the trademark office of the Contracting Party with which the applicant has the necessary connections.
However, many IP challenges can take place in the era of globalization of markets.
The overall IP ecosystem in Sri Lanka has improved in recent years in developing IP rights protection, but the lack of an effective strategic policy, and coordination among entities involved in the implementation and execution of laws, has led to counterfeit products being freely available in Sri Lanka.
Accession to the Madrid System should be a part of a coherent export/trade strategy. It should not be done in isolation; it shouldn’t only focus on institutional and operational capacity but needs an appropriate renewal of legislation.
Having said that, the enforcement climate should be prioritized in Sri Lanka by spreading IP awareness to give the lead to the Madrid Protocol, to provide effective legal protection of registered marks, and to give access to national brands to be elevated to the international brands level in a fair competition environment and extensive market with foreign marks. Nevertheless, necessary laws have to be enabled to support the effective implementation of the Madrid Protocol, which aims to the promotion of trade and the attraction of more investments in Sri Lanka.
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