JAPAN INTELLECTUAL PROPERTY ASSOCIATION
Nihombashi 3-Chome Square Bldg.
6F, 9-1 Nihonbashi 3-chome,
Chuo-ku, Tokyo 103-0027, JAPAN

TEL:+81-3-6262-1570
FAX:+81-3-6262-5655
URL:http://www.jipa.or.jp/May 13, 2024
Ms. Wang Binying
Deputy Director General
World Intellectual Property Organization,
34, chemin des Colombettes
CH-1211 Geneva 20, Switzerland
Re: Invitation to Contracting Parties of the Madrid System, other WIPO Member States
and Observer Organizations to Submit Proposals Regarding Dependency
Dear Ms. Binying
We, the Japan Intellectual Property Association or “JIPA”, is a non-profit, nongovernmental organization, which has 990 members (as of April 10, 2024. It represents
industries and users of the intellectual property (IP) system and provides related
institutions all around the world with well-timed, suitable opinions on the improvementof their IP systems and their utilization. For further information regarding JIPA isavailable at http://www.jipa.or.jp/.
Regarding the "Invitation to Contracting Parties of the Madrid System, other WIPO
Member States and Observer Organizations to Submit Proposals Regarding
Dependency" received in the letter dated February 12, 2024, we would like to submit thefollowing statements.
Proposals Regarding Dependency(1) Impact Assessment of Dependency Relaxation
We support the relaxation of dependency from 5 years to 3 years, but believe it isnecessary to assess the impact of this relaxation.
As part of the impact assessment, we propose that WIPO take the lead for a certain
period to investigate the increase in oppositions to international registrations in each
designated country, and report the findings at a working group or other forum.
We also propose that WIPO set up a dedicated online suggestion box on websites it
operates, such as the WIPO IP Portal, to directly collect cases affected by the relaxationof dependency from users and others, and report these cases at a working group or otherforum.
(2) Remedies for Users
To maintain a deterrent against bad-faith applicants after the mitigation of dependency,
we propose the establishment of new remedies in connection with the cancellation ofInternational Registration.

As the first remedy, we propose the creation of a procedure to maintain international
registration after a central attack.
The procedure to maintain international registration after a central attack involves theright holder paying a certain additional fee within a specific period to maintain theirinternational registration. (This procedure is similar to subsequent designation but is adifferent procedure.)
The creation of this procedure gives the chance for the genuine right owners to maintaintheir rights with filing one Transformation form and less cost compared fromconventional Transformation or direct applications to each Offices, while imposing thehigher economical and mental pressure on the bad faith applicants to maintain IRs due tothe additional fee for this new Transformation procedure. At the same time, this allows
the International Bureau or the offices of each designated country to provide all thebenefits of international registration to the right holder without compromising theirrevenue or incurring significant operational costs. The simple system also enables
attorneys to explain the remedy more easily to their clients.
As a second remedy, we propose the introduction of a cancellation system forinternational registrations by WIPO.
The cancellation system for international registrations by WIPO allows genuine rightholders who have been harmed by malicious international registrations to apply to WIPO
for cancellation, and WIPO decides whether to maintain the international registration ineach designated country.
The establishment of this system will make the relaxation of dependency a deterrent
against malicious right holders, allowing genuine users to receive a uniform standard of
judgment without being subject to the varying laws and regulations of each designatedcountry. Therefore, the establishment of this system is beneficial for maintaining theorder of the global economy in the 21st century.
To avoid confusion due to the change in the system of dependency relaxation, webelieve it is best to introduce the relaxation of dependency and the enhancement ofremedies for users simultaneously and to investigate and assess the impact of theirintroduction. However, we support WIPO even if the order is to first relax dependency,
then investigate and assess its impact, and finally strengthen remedies for users.
(3) Suspension or Abolition of Dependency
Due to the potential increase in malicious trademark applications caused by therelaxation of dependency from 5 years to 3 years and the introduction of new languages,
we propose not to consider the suspension or abolition of dependency as an agenda item
until the results of the impact assessment proposed in (1) and the establishment of theremedy system and the plan for new language introduction proposed in (2) are
confirmed.
We believe that all rules and systems under the Madrid Protocol should be simple andbalanced, and it is not advisable to proceed with the relaxation of dependency alone
hastily.
JIPA looks forward to participating in the Madrid Working Group meeting.Yours sincerely,Koji SAITOManaging Director of JIPA