In 1989 the Madrid Protocol was created by the World Intellectual Property Organization (WIPO), with the objective of creating a system to receive international trademark applications and redirect them to all countries of interest to the applicant, the result being the simplification of the process and cost reduction. For example, this system uses only one language for the initial order, one currency for international payments and the guarantee of a deposit date valid for all countries.

Since the end of the 90s, the subject has been discussed in Brazil, however, the national intellectual property legislation was still out of date and was only consolidated in 1996 with the promulgation of LAW No. 9.279 / 1996, the Industrial Property Law.

With the consolidation of legislation and the rise of Brazil as an international commercial power, the idea of ​​adhering to the Madrid Protocol began to take shape and with investments in the National Institute of Industrial Property (INPI), implementing online systems and more efficient procedures. swiftly, Brazil began, albeit belatedly, to become capable of implementing the Madrid Protocol.

Thus, only in 2017 did the Presidency of the Republic send a Message to the National Congress referring to the Madrid Protocol, and in 2019, the proposal was approved in the Chamber of Deputies in April and in the Federal Senate in May, with the respective decree being promulgated. legislative.

In July 2019, Brazil deposited with the WIPO the instrument of accession to the Protocol and subsequently published, in the Official Gazette of the Union of October 2, 2019, Decree No. 10,033, which promulgated the treaty and, therefore, allowed the beginning operation in Brazil.

Currently, the Madrid Protocol in Brazil allows a Brazilian to carry out his Trademark Registration Application with the signatory countries, or also to carry out such a procedure with the Trademarks that are already registered.

However, the Madrid Protocol does not only include in its body the system for international registration of Marks, but also other innovations that were not provided for in national legislation, among them the Multiclass System and the co-ownership regime for Marks.

After more than a year has passed since the entry into force of the Madrid Protocol in Brazilian territory, many of the adaptations have not yet been implemented, and there is still no MultiClass System and the Co-Ownership Scheme being implemented only on September 15, 2020.

The total non-implementation of the Madrid Protocol on Tupiniquim soil creates obstacles for Brazil in relation to international trades and investments, since it places a bureaucratic barrier in the face of possible investors and international business partners.