Madrid Protocol System to register your IP worldwide

Indonesia has now enacted Protocol relating to the Madrid Agreement concerning the International Registration of Mark, 1989 by issuing President Regulation No. 92 year 2017. This is a legal basis that allows local applicant to file trademark application internationally using Madrid Protocol system. Directorate General of Intellectual Property Rights of Republic of Indonesia (DGIP) have socialized the Madrid Protocol system to public since early 2019. 

Through Madrid Protocol system, the local business who wish to market their products worldwide can register a trademark in other countries from Indonesia. The purpose of this system is to simplify trademark registration process in various countries through one application in one language, one currency and one procedure. In addition to saving costs, Madrid Protocol system also saving times because the registration process can be carried out in Indonesia.

The requirements for the applicant are:

1. Indonesian citizen;

2. having local domicile or legal domicile in Indonesia;

3. having industrial or commercial business activity in Indonesia.

In the meantime, the international trademark application can only be filed if the applicant has national trademark application and/or registration as the basis of international application beforehand. The applicant requires to fill in MM2 form to DGIP.

In brief, once the applicant filed an international application, DGIP will examine the document's validity then forward the same to World Intellectual Property Organization (WIPO) for formality examination. Thereafter WIPO will publish the application on the Listings, issue the certificate and forward the application to destination countries. However, the scope of protection of international application will be subject to substantive examination in accordance with trademark laws in respective countries.

The advantages of this Madrid Protocol system are to provide local brand owners for global protection and to encourage Indonesian businessmen in marketing their business overseas.

Written by: Threeas Novayanti