📜 TRIPS Agreement (1994)
Agreement on Trade-Related Aspects of Intellectual Property Rights
TRIPS sets minimum standards for IP protection that all WTO member countries must comply with. India amended its TM and Copyright laws post-TRIPS compliance.
Key TRIPS Provisions for Trademarks
- Article 15: Protectable subject matter — any sign capable of distinguishing
- Article 16: Rights conferred — exclusive right to prevent similar marks
- Article 18: Minimum term — 7 years, renewable indefinitely
- Article 19: Use requirement — mark must be used
🌍 Madrid Protocol — International Filing
The Madrid System allows filing one application to protect trademark in multiple countries.
| Feature | Madrid System | Direct Filing |
|---|---|---|
| Applications | One application for multiple countries | Separate per country |
| Language | English, French, or Spanish | Local language |
| Management | Centralized renewal | Separate per country |
| Dependency | Base mark dependent for 5 years | Independent |
⚠️ Central Attack Risk
If base registration is cancelled within 5 years, all international designations fall! After 5 years, they become independent.
🇫🇷 Paris Convention (1883)
- National Treatment: Foreign applicants treated same as nationals
- Priority Right: File in one country, claim priority within 6 months
- Well-Known Marks: Protection even without registration
📝 Part 10.6 Quiz
Q1: TRIPS Agreement was adopted in:
Q2: Madrid Protocol allows:
Q3: Paris Convention priority period for trademarks:
Q4: "Central attack" in Madrid System means:
Q5: TRIPS is administered by:
Q6: Minimum TM protection term under TRIPS:
Q7: Paris Convention was signed in:
Q8: "National Treatment" means:
Q9: Madrid application must be filed through:
Q10: Well-known marks get protection: