World Intellectual Property Organization

Madrid (Marks) Notification No. 178
Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks

Amendment to the Madrid Protocol

The Director General of the World Intellectual Property Organization (WIPO) presents his compliments and pursuant to Article 16(5) of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks as adopted at Madrid on June 27, 1989 ("Madrid Protocol (1989)"), has the honor to transmit herewith a copy of the text of the amendments to Article 9sexies of the Madrid Protocol, as adopted on November 12, 2007 by the Assembly of the Madrid Union at its thirty-eighth (17th ordinary) session. The amendments to the Madrid Protocol will come into force on September 1, 2008.

March 17, 2008


ANNEX

Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks

adopted at Madrid on June 27, 1989
and amended on October 3, 2006

Article 9sexies
Relations Between States Party to both this Protocol and the Madrid (Stockholm) Agreement

(1)

    (a) This Protocol alone shall be applicable as regards the mutual relations of States party to both this Protocol and the Madrid (Stockholm) Agreement.

    (b) Notwithstanding subparagraph (a), a declaration made under Article 5(2)(b), Article 5(2)(c) or Article 8(7) of this Protocol, by a State party to both this Protocol and the Madrid (Stockholm) Agreement, shall have no effect in the relations with another State party to both this Protocol and the Madrid (Stockholm) Agreement.

(2) The Assembly shall, after the expiry of a period of three years from September 1, 2008, review the application of paragraph (1)(b) and may, at any time thereafter, either repeal it or restrict its scope, by a three-fourths majority. In the vote of the Assembly, only those States which are party to both the Madrid (Stockholm) Agreement and this Protocol shall have the right to participate.

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