New Zealand expected to accede to the Madrid Protocol

The New Zealand Parliament is to examine the merits of New Zealand's accession to the following international agreements:

- Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks;

- Singapore Treaty on the Law of Trademarks; and

- Madrid Protocol Relating to the Madrid Agreement.

The Nice Agreement

While the Intellectual Property Office has adhered to the Nice classification system for many years, accession to the Nice Agreement will enable the Intellectual Property Office to participate in the development of the Nice classification system to ensure it meets the needs of New Zealand businesses.

It is proposed that New Zealand accede to the Nice Agreement by December 2008.

Singapore Treaty

The Singapore Treaty aims to make national trade mark registration systems more user-friendly through the simplification and international harmonisation of trade mark registration procedures. The Singapore Treaty was adopted at a Diplomatic Conference held in Singapore in March 2006. New Zealand signed the Singapore Treaty in September 2006 and proposes to ratify by December 2008, subject to satisfactory completion of the parliamentary treaty examination process and passage of implementing legislation.

Madrid Protocol

The Madrid system simplifies the registration of a trade mark in a number of countries from an initiating application filed in New Zealand.

It is proposed that New Zealand accede to the Madrid Protocol by December 2008. Accession to the Madrid Protocol is possible without becoming party to the Madrid Agreement and officials do not propose that New Zealand become party to the Agreement.

The next step is the introduction of a Bill into Parliament to amend the Trade Marks Act to implement the three treaties. This Bill is due around April next year.

Contact us if you require any further information about any of the above agreements or how New Zealand’s accession to them will affect your trade mark portfolio.