Madrid Agreement for Repression of False or Deceptive Indications of Source on Goods
- Type: Convention
- Date of signature: 14/04/1891
- Place of signature: Madrid, Spain
- Depositary: World Intellectual Property Organization (WIPO)
- Date of entry into force: 01/06/1963
What is it about?
The objective of this instrument is to prevent the commercialisation of products with false or deceptive indications regarding their source. According to the present Agreement, all goods bearing a false or deceptive indication of source, by which one of the member States, or a place situated therein, is directly or indirectly indicated as being the country or place of origin, must be seized on importation, or such importation must be prohibited, or other actions and sanctions must be applied in connection with such importation. The Agreement provides for the cases and the manner in which seizure may be requested and effected. It prohibits the use, in connection with the sale or display or offering for sale of any goods, of all indications in the nature of publicity capable of deceiving the public as to the source of the goods. It is reserved to the courts of each member State to decide what appellations do not, on account of their generic character, come within the scope of the Agreement. The Agreement does not provide for the establishment of a Union or any governing body. The provisions of the Madrid Agreement equally apply to signs, advertisements, invoices, wine lists, business letters or papers, or any other commercial communication which deceive the public as to the source of goods.
Why is it relevant?
The Madrid Agreement promotes consumers’ rights among State parties by ensuring the authenticity of indicated sources of origin of goods. It equally protects exporters against the risk of unfair, false or deceptive indications used by competitors.
The Madrid Agreement was revised on 02 June 1911 in Washington, on 06 November 1925 at The Hague, on 02 June 1934 in London and on 31 October 1958 in Lisbon. An additional Act was adopted in Stockholm on 14 July 1967, establishing WIPO as the depositary organ of instruments for the ratification or adhesion to the Madrid Agreement of 1891. All member States of the Union may ratify the present Agreement for the Protection of Intellectual Property, instituted by the Convention for the Protection of Industrial Property (Paris, 20 March 1883).
- Complementary Stockholm Act to the Hague Agreement Concerning the International Deposit of Industrial Designs of 6 November 1925 (Stockholm, 14 July 1967)
- Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (Lisbon, 31 October 1958)
- Convention for the Protection of Industrial Property (Paris, 20 March 1883)