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Outline of the International Trademark Symposium


June 2000
Japanese Patent Office
 
1.    On Tuesday, May 23, 2000, the Japanese Patent Office (JPO) held the first International Trademark Symposium in Tokyo, Japan. More than 700 people from private companies, other patent offices, and affiliated associations participated.
 
2.    The Symposium was inaugurated by Mr. Takahiko Kondo, Commissioner of the JPO. The Symposium dealt with two themes: Protection of Trademarks on an International Scale under the I nternational Trademark Registration System; and Recent Trends in and Future Prospects of Trademark Systems in Asian Countries.
 
    The representatives of World Intellectual Property Organization (WIPO) and the Office for Harmonization in the Internal Market (OHIM) made presentations for the first theme and the representatives from the four major Asian countries of China, Korea, Thailand, and Indonesia, respectively made presentations for the second theme.
 
3.    Speakers explained the outlines of the Madrid System and the Community Trademark System (CTM) as well as trademark systems and measures to tackle the challenges of international protection of each Asian country. These presentations were followed by active discussions.
 
1. Outline of the Symposium
(1) Date and time: Tuesday May 23, 2000, 9:30AM - 5:00PM
(2) Location: Hotel New Otani, Tokyo, Japan
2. Contents of the Symposium
(1) Keynote speech
According to the JPO Commissioner Kondo's keynote speech, (1) the JPO has been carrying out since 1990 measures aimed at satisfying user needs and contributing to the harmonization of international trademark processes, such as shortening of the examination processing period and laying open of trademark information, (2) as the international trademark framework is undergoing great changes, Japan's trademark system can also be said to be entering a period of change, and (3) as a result, with a faster, wider, and more accurate "World's Top Level Trademark System" as a slogan, the JPO will continue to develop active policies to propel international harmonization and a substantial shortening of the examination processing period.
 
Also, for the purpose of promoting international trademark protection, Mr. Kondo stated that, as Madrid Protocol member states and organizations increase, users will be able to enjoy merits of the Madrid Protocol system to the greatest extent. To achieve this vision, the JPO expressed that it wishes for the speedy accession of the OHIM, Korea, and other countries to the Protocol.
 
(2) Protection of Trademarks on an International Scale under the International Trademark Registration System
i) Community Trademark System (CTM)
Mr. Alberto Casado, Vice President of the OHIM, opened this section of the symposium with a speech concerning the Community Trademark System.
 
Mr. Casado's speech stated that: (1) any applicant will be able to seek protection in all 15 EU member states by filing only one application; (2) applicants worldwide can apply and gain registration; and (3) after explaining the details of the System, such as the possibility of direct application from overseas to the OHIM, it was announced that applications from Japan to the OHIM rank eighth, second only to the United States of America among non-EU member states. Trademark System.
 
Mr. Casado also announced that the OHIM plans to join the Madrid Protocol in the near future.
 
Mr. Javier Rujas explained the registration procedure in the OHIM. According to Mr. Rujas, the average period from the receipt to registration of an application n the OHIM is about 12 or 13 months.
 
ii) Next was a speech given by Mr. Bruno Machado, Director of the International Registrations Department of WIPO, regarding the Madrid Protocol.
 
Mr. Machado's speech stated that: (1) preparing one application in one language has the same effects as applying separately to each designated country; (2) the results of examination will be obtained within 12 or 18 months from the filing date; and (3) unification of trademark administration were explained. With regard to the perspective of accession of the Protocol, Mr. Machado also took up such topics as Singapore planning to do so in June, Korea making preparations for accession, the importance of the possibility of the most anticipated accession, that of the United States of America, within the year, and the interest of India and Australia drawing near.
 
Mr. Casado's speech stated that: (1) any applicant will be able to seek protection in all 15 EU member states by filing only one application; (2) applicants worldwide can apply and gain registration; and (3) after explaining the details of the System, such as the possibility of direct application from overseas to the OHIM, it was announced that applications from Japan to the OHIM rank eighth, second only to the United States of America among non-EU member states. Trademark System.
 
(3) The Recent Trends in and Future Prospects of Trademark Systems in Asian Countries
As for speeches from Asian countries, a representative of Mr. FAN Hanyun, Deputy Director of the Trademark Office, China introduced trademark law amendments now in progress. Mr. FAN also made open that China was considering the possibility of application filings by natural persons and stronger protection for famous marks. (Because Mr. FAN could not attend due to a last minute emergency, Mr. WEI Qi Xue, Vice President of CCPIT Patent and Trademark Law Office, read Mr. FAN's speech text.)
 
Next, Mr. Won-Seok YON, Presiding Judge, the Korean Industrial Property Office, Korea, stated that a project team had been started in January 2000 to consider trademark law amendment pertaining to such areas as accession to the Madrid Protocol and strengthening of well-known marks protection.
 
Following Mr. YON's speech, Mr. Weerawit Weeraworawit, Deputy Director General of the Department of Intellectual Property, Thailand, took up continuing consideration of the formation of an ASEAN trademark office in terms of the background and present situation of progress in this area as well as future prospects.
 
After Mr. Weerawit's speech, Mr. Achmad Zen Umar Purba, Director General, the Directorate General of Intellectual Property Rights, Indonesia, along with explaining his country's well-known marks protection system, also introduced a judicial precedent. Mr. Zen Purba also spoke on how well-known marks are understood in Indonesia.
 
(4) Summarization
The symposium was concluded with the summarization by Mr. Masanori Osumi, Director General of the First Examination Department of the JPO. Especially Mr. Osumi referred to the efforts by all countries and organizations towards international harmonization of trademark systems made with the view to realizing faster, wider, and more accurate international trademark protection.
 
Program
Morning Program:
 
9:30-9:45 Keynote speech by Mr. Takahiko Kondo, Commissioner of the JPO (PDF 18kb)
 
9:45-11:45 Title "Protection of Trademarks on an International Scale under the International Trademark Registration System (1)" - CTM
  a)   Speech by Mr. Alberto CASADO, Vice-President, the OHIM (PDF 46kb)
  b)   Speech by Mr. Javier RUJAS, Head of the Technical Cooperation Division, the OHIM (PDF 78kb)
  c)   Questions and answers
 
Afternoon Program:
 
13:00-14:00 Title "Protection of Trademarks on an International Scale under the International Trademark Registration System (2)" - the Madrid Protocol
  a)   Speech by Mr. Bruno Machado, Director of the International Registrations Department, WIPO (PDF 33kb)
  b)   Questions and answers
14:00-14:10 Break
14:10-16:50 Title "Recent Trends in and Future Prospects of Trademark Systems in Asian Countries"
  a)   Speech by Mr. FAN Hanyun, Deputy Director, Trademark Office---People's Republic of China (Mr. WEI Qi Xue, Vice President of CCPIT Patent and Trademark Law Office, read Mr. FAN's speech text.)
*sorry - no English text is available
  b)   Speech by Mr. Won-Seok Yon, Presiding Judge, Industrial Property Tribunal, Korean Industrial Property Office---Republic of Korea (PDF 72kb)
  c)   Speech by Mr. Weerawit Weeraworawit, Deputy Director General, Department of Intellectual Property---Kingdom of Thailand (PDF 826kb)
  d)   Speech by Mr. Achmad Zen Umar Purba, Director General, Directorate General of Intellectual Property Right---Republic of Indonesia (PDF 20kb)
  e)   Questions and answers
16:50-17:00 Summarization
  Summarization by Mr. Masanori Osumi, Director-General of the First Examination Department, the JPO
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[Last updated 4 August 2000]
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