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On April 4, 2019, the House of Representatives (lower house) approved the Project of a Parliamentary Decree No. 860/20171, which regulates Brazil’s adherence to the Madrid Protocol. The proposed bill shall now be analyzed by the Senate (upper house).

In force in several countries since 1995, the Madrid Protocol2 is an international treaty administered by the World Intellectual Property Organization (WIPO), ratified by approximately 120 countries, including the United States, Japan, Australia, China, Russia, and the European Union.

The main purpose of the Madrid Protocol is to facilitate obtaining and maintaining trademark protection. This system enables a trademark holder to file an international application to protect its trademark in the countries signatories of the agreement, which reduces the costs involved in the proceeding.

Another advantage is the expedited examination of the application, which cannot surpass 18 months.

Considering the importance of the treaty in the worldwide protection of intellectual property rights, it is expected that the adhesion of Brazil may stimulate exportation of products and the internationalization of Brazilian brands, fostering national economy.

1 More information is available, in Portuguese, at https://www.camara.leg.br/proposicoesWeb/fichadetramitacao?idProposicao=2164129

2 More information is available at https://www.wipo.int/edocs/pubdocs/en/wipo_pub_418_2016.pdf