Pakistan Joins the Madrid System

A remarkable achievement

Pakistan has recently joined the Madrid System of Trademark of the World Intellectual Property Organisation (WIPO). With this development, the trademark holders of Pakistan would be able to protect their rights in more than 100 countries, by filing a single application at the WIPO. Similarly, the member countries of the Protocol would be able to get protection of their trademarks in Pakistan by using the Madrid route. Pakistani ambassador Khalil-ur-Rahman Hashmi deposited the accession to join the Madrid System in a meeting with WIPO director general on February 24th. Earlier, President of Pakistan Dr Arif Alvi signed the accession to Madrid Protocol instrument which paved the way for the country to become the 108th country in the world which joined the Madrid System of Trademark.
It is a win-win situation for traders of both Pakistan and its trading partners to get the protection of intellectual property rights to promote genuine businesses in their markets as well as instilling confidence in potential foreign investors. It would go a long way in ameliorating the business environment in Pakistan. It will also encourage foreign investment in the country.
A giant leap for Pakistani IP law
Laws protecting intellectual property in Pakistan have been in effect for decades, with a few for even 150 years or more; however, appropriate enforcement has not always been guaranteed. Mujeeb Ahmed Khan, Chairman of the Intellectual Property Organization of Pakistan (IPO-Pakistan), acknowledged the need for more effective execution of the country’s IP laws in a June 2018 brief to the Pakistani Senate — well before this year’s accession to the Madrid Protocol. In fact, the Chairman recommended in the same brief that Pakistan join the Madrid System a year earlier than it did, and stated that the nation would become a member of the WIPO’s Patent Cooperation Treaty (PCT) by July 2020, a commitment ultimately not met. This default can almost certainly be attributed to the disruption caused by the Covid-19 pandemic. On the other hand, the reason for delaying accession to the Madrid Protocol is less readily apparent.
Nevertheless, joining the Madrid System means Pakistan is now a signatory of four principal IP treaties, the other three being the Berne Convention, the Trade-Related Aspects of Intellectual Property (TRIPS) agreement and the Paris Convention for the Protection of Industrial Property.
Major potential for Pakistan’s brands
Announcing Pakistan’s accession to the Madrid Protocol, WIPO Director Daren Tang spoke ebulliently of the economic possibilities for both exports and imports.
“Pakistan-based brands like spices giant Shan Foods, or [the] fashion house Khaadi, with its distinctive hand-woven kurtas, will find it easier and cheaper to get protection in export markets,” Daren Tang said in his statement. He added that startup entrepreneurs and small-to-medium-sized enterprises had just as much opportunity to gain from the Protocol, before expounding on the potential for importers.
“For those interested in bringing their brands to the huge Pakistan market of over 200 million [people], the Madrid System will make it easier for them to enter and scale into Pakistan,” Daren Tang explained. “[The nation] has taken an important step in supporting its brand owners, entrepreneurs and enterprises, as well as further strengthening its IP ecosystem.”
Ambassador Khalil-ur-Rehman Hashmi called the move “a win-win proposition” in the light of rapid economic growth in Pakistan and Asia as a whole. The most immediate beneficiaries of Pakistani participation in the Madrid System will likely be high-profile local brands. Thereafter, as a more robust IP services sector emerges due to the greater demand, it will be easier for all organizations across Pakistan to pursue IP rights protection.
The Madrid Protocol has recorded more than 1.5 million international trademark registrations since its inception in 1891. Whilst the system has been in place for more than 125 years, three-quarters of its member states have joined in the past three decades. Trinidad and Tobago was the most recent country to join the Madrid System, signing on in October last year.
The writer is a member of staff.