2008.09.04 Madrid Protocol for the International registration of marks – Repeal of the Safeguard Clause
The International registration system is governed alternatively or cumulatively by two treaties, the Madrid Agreement (1891) and the Madrid Protocol (1989). Some countries signed both treaties, others only one of the two.
Switzerland is party to both treaties and when an International registration is filed on the basis of a Swiss application or registration, it may designate parties only to the Agreement (it will be governed exclusively by the Agreement), parties only to the Protocol (it will be governed exclusively by the Protocol) or also parties bound by both treaties.
In said case, before September 1st, 2008, the rule was the so-called “Safeguard Clause” (art. 9 sexies of the Protocol) providing that the Agreement prevailed.
Since September 1st, 2008, date of the repeal of the “Safeguard Clause”, all designations that were governed by the Agreement due to its prevailing on the Protocol, are now governed by the Protocol.
The Protocol became the treaty governing the relations between Switzerland and the States that are party to both the Agreement and the Protocol.
The repeal gives the benefits of the greater flexibility of the Protocol compared to the Agreement.
