Madrid Agreement for Repression of False or Deceptive Indications of Source on Goods

General Detail

General Information

  1. Type: Convention
  2. Date of signature:
  3. Place of signature: Madrid, Spain
  4. Depositary:
  5. Date of entry into force: 01/06/1963

Category

Intellectual property

Sub category

Origin

Groups

WIPO

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.

Additional Information

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).

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Country ratifications
CountryRatification date
Algeria24/03/1972
Bosnia and Herzegovina22/03/2013
Brazil03/07/1896
Bulgaria29/04/1975
Cuba01/10/1904
Czech Republic01/01/1993
Dominican Republic23/06/1950
Egypt05/03/1951
France15/04/1892
Germany12/03/1925
Hungary05/03/1934
Iran18/03/2004
Ireland04/09/1925
Israel14/12/1949
Italy05/02/1951
Japan21/04/1953
Lebanon01/06/1924
Liechtenstein14/04/1933
Moldova05/01/2001
Monaco09/02/1956
Montenegro03/06/2006
Morocco30/04/1917
New Zealand29/04/1931
Poland10/09/1928
Portugal31/07/1893
San Marino25/06/1960
Serbia18/02/2000
Slovakia01/01/1993
Spain15/04/1892
Sri Lanka09/10/1952
Sweden10/01/1933
Switzerland15/04/1892
Syrian Arab Republic01/06/1924
Tunisia15/04/1892
Turkey21/05/1930
United Kingdom15/04/1892
Treaties analysis
YearRatifications
18925
18931
18961
19041
19171
19242
19252
19281
19301
19311
19332
19341
19491
19501
19512
19521
19531
19561
19601
19721
19751
19932
20001
20011
20041
20061
20131
Total36
Map
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