How to submit your International IP Application at WIPO ?

Introduction to International Intellectual Property- 

Inside the global setting, international intellectual property law defined as a system of laws that govern the development, protection, exchange, and use of intellectual property (IP). Intangible property, such as an innovation, artistic endeavors, design, or concept, is developed through mental activity. IP can be employed or implemented in multiple nations because it is non-physical. Because IP regulations differ widely from one jurisdiction to the next, IP difficulties are widespread. Nonetheless, some groups are working to establish worldwide IP laws in order to give global IP protection.

International company has increased significantly in recent years, and the media has made knowledge directly available to individuals all over the world. Numerous countries, fortunately, have enacted worldwide rules to offer international protection for all types of intellectual property.
 

For example, judges in China are forming an informal case system to learn what other judges already accomplished in the area of intellectual property protection. They are beginning to build norms, despite the fact that they do not have any.

Steps involved in International Intellectual Property:- 

Connection with authorised group - We must first make contact to one of the group's members (referred to parties who are entering contract). Your origin office would be determined by this link (regional or national IP office).

This is the office where you should submit your application. You should do the following to meet the requirement:

• Have a trade in the contractual parties (such as an effective or real industrial or commercial firm).

• Have a workplace in the parties to the contract.

• Be a member of one of the contracting parties' nationalities.

Participation is a basic prerequisite (Basic mark)

If you have the necessary relationship to System representative, you should have applied for or obtained a trademark from that member's IP office (such as your office of origin). Before you may apply for your mark internationally through the same office, you must first obtain a basic mark at your origin office

What is the best way to submit?

You can file an international application under the Madrid System or any other system once you have completed trademark registration in your country with your office of origin (from which you have acquired the fundamental mark).

This application must be submitted to the office of birth, which will verify that it matches the details of your basic work, certify the international application, and then submit it to WIPO.

Nearing completion on your foreign application.

Form MM2 (available in French, English, and Spanish) should be utilised to submit an international application. Anyone can submit it using the application help, which can collect all required info immediately from the database of your city branch of IP origin, or you can manually submit or download the form MM2.

For international applications submitted through multiple IP offices, Madrid e-submission is accessible.

When the office of origin does not provide online submission, WIPO recommends using the Madrid application help to complete foreign applications. There are other systems also available for the same. 

A collection of goods and services as provided.

The list of commodities and services must be categorized according to the most recent international categorization of goods and services (nice classification). The goods and services manager in Madrid can assist you. You will save time if you use the Madrid application aid.

Through the integration of Madrid products and services manager, the list of goods and services of your basic mark may be instantly imported from your database from the office of origin, automatically translated, and classified.

Analyzing the regulations governing the categorization of goods and services.

Understand that after submitting your international application, one cannot enlarge or expand the list of products and services, not to even include those listed in the basic mark. One must file a new international application if you want to expand your list after submitting the form MM2.

Charges and Payment- 

The charges are as follows:- The base charge,  The free fee for each contractual party,  A time-based extra cost for each class of products and services. The supplementary cost will be replaced by an individual fee for certain contracting parties. Check the list on the website to see if a contracting party is subject to the individual fee (and how much it costs).

You will be automatically signed up for e-notifications if you provide your email address. Every application-related alerts will be sent to your email address. Should use email address that is linked to all the marks.

Using  online to monitor the application status

It provides information on the status of documents that are being evaluated by WIPO. In the left hand column, choose real-time search, then enter your basic application or registration number.

Getting the foreign application in is a simple process.

Submit your overseas application with the help of  online application aid. It organises and stores like all the information needed to complete an overseas application in a logical and intuitive manner. The international application will be made accessible in PDF file format once it has been completed, so you can submit it to the office of origin for certification.

Conclusion-

It's critical to keep an overseas registration up to date, which includes updating ownership, electing agents, demanding renunciation or limitation, and so on.

The Hague System makes centralization easier. All components of an international registration are managed. All changes – which are now need to be made through approved channels  Forms of the Hague System are recorded in the International Register. The International Designs Bulletin published it.

Modifications  But only under certain circumstances, all named contracting parties are automatically bound. Restriction or renunciation is an example of this.

Bibliography: 

• https://www.wipo.int/edocs/pubdocs/en/wipo_pub_911_2021.pdf

• https://www.legalwiz.in/blog/how-to-submit-your-international-ip-application-at-wipo

• https://www.wipo.int/madrid/en/contracting_parties/pdf/madrid_efiling_user_guide.pdf

Written by:

Kaushiki Kesari.