|WIPO in all sizes|
Designations under the Madrid Protocol.
WIPO has recently updated its website and this includes the Madrid System Pages. I might have looked for the answer in the Applicant's Guide which is hard to find so writing this blog serves as a good place to leave that bookmark for me and you. However this query is not answered there. It concerns the response of national offices to a partial refusal of protection notified to the IB and to which the Applicant decides to file no response.
In the UK, the application proceeds to advertisement and (subject to no opposition) protection for that part of the specification for which there is no objection. That is set out in the IPO Manual check page 20. It seems sensible and in conformity with the principles of the Madrid system. However the UK does not examine on relative grounds so maybe there are not many partial provisional refusals. Indeed I was rather pleased to see that they suggest their examiners call WIPO with any translation issues before making a refusal on a translated specification issue.
How many other countries follow this pragmatic approach. I need a table that sets it out because many users of the Madrid system are not prepared for the downstream costs and want to take what they can get for their not inconsiderable up front investment.
In Korea and Japan they expect you to make amendments to remove the goods they don't like (and there seem to be rather a lot of local preferences), but then their office actions say so clearly. It is still a "make work for local representatives" policy but you can pay CHF175 to WIPO and make the limitation direct even for a single territory.
Just at the moment I want to know the answer for Russia.
I can tell you that Israel are amongst those who say nothing but turn a partial refusal to a total one if you don't pay your way with the local profession.
If I were to go to Geneva for their latest Seminar on November 28th and 29th I might (possibly) get the answer before 6pm on day 1. On the other hand we could publish it here for the common good. Add a comment about your national practice or any territory where you have experience.
Addition: this link takes you to WIPO's country by country pages where you can see what they think they will do as designated offices