NCE pushes for timeline as Sri Lanka’s Madrid Protocol Accession moves through legislative phase

The National Chamber of Exporters of Sri Lanka (NCE) is monitoring progress on the country's accession to the Madrid Protocol, a move that would give Sri Lankan businesses access to a streamlined international trademark registration system used by over 100 economies worldwide. As of 2025, Madrid members represent 68% of all countries globally. 

Based on the NCE's most recent correspondence with the National Intellectual Property Office (NIPO), the accession process is currently in its legislative phase. The Legal Draftsman's Department is in the process of finalising the statutory amendments required for Sri Lanka to formally join the Protocol. Once the draft is submitted to NIPO, the office will proceed with the formal amendment process, after which a comprehensive Action Plan and a definitive accession timeline will be drawn up.

This follows a prior commitment made at a meeting with the Hon. Minister of Trade, at which NIPO agreed to develop a Strategic Action Plan to complete the accession process within a six to nine month timeframe. The NCE has since issued formal reminders requesting that roadmap and, given that the process remains in the legislative phase, has asked NIPO for a tentative timeline in line with the Minister's original direction. This is important given that exporters require clarity on timelines in order to plan their international branding and trademark protection strategies effectively, which can be challenging amid uncertainty around timing. 

The NCE is currently contacting sectoral heads and collecting cost data from member companies regarding expenses incurred in registering trademarks abroad, to support the Chamber's advocacy efforts and inform the implementation process going forward.

In 2025,  an estimated 64,150 international trademark applications were filed through WIPO's Madrid System, while Asia as a region contributed roughly a quarter of all applications, at 25.6%.

Accessing the system evidently has a direct benefit to  many exporters, especially those in sectors such as tea, apparel, spices, gems and jewellery, IT services, and processed foods. Sri Lankan brands in these categories are expanding internationally, and without registered trademark protection, the local companies are at a disadvantage. For example, a competitor abroad can register a Sri Lankan brand first, exporters can lose market access, and resolving such disputes through litigation is expensive and time-consuming. 

Sri Lankan exporters pursuing international trademark protection must undergo significant costs by registering brands separately in each country. Back in 2003, to register a trademark in the 11 countries by applying through individual IP offices cost around $ 14,600, whereas going through the Madrid Protocol system amounted to just $ 5,800. Moreover, filing fees alone differ widely across different export markets. The United States is charging $ 350 per class, while China charges approximately $ 39 per class with additional subclass fees. In the United Kingdom, exporters pay over $ 228 for one class, while Canada charges over $ 356 for the first class. Australia’s fees range from approximately $ 178–285 per class, and India charges between approximately $ 53–106 per class depending on the applicant type. Hence, exporters registering trademarks in multiple countries face large cumulative expenses, especially when multiple classes and legal representation are involved.

On the other hand, the Madrid Protocol offers a more streamlined and cost-effective system through a single international application filed through Sri Lanka's own IP office, through which protection can be sought in member countries simultaneously. In the system, all fees are transacted in Swiss francs, and a base application fee of approximately $ 827 covers a black-and-white mark, while a mark in colour is filed at approximately $ 1,143. Applicants pay for each Madrid System member: a standard complementary fee of approximately $ 127 per member country, with a supplementary fee of approximately $ 127 per class or individual fee schedules in place of the standard rates.

The Madrid system significantly reduces the administrative and financial burden of filing country by country. This can be especially beneficial to many small and medium-sized exporters who usually tend to avoid trademark registration solely due to cost and complexity. 

Additionally, intellectual property infrastructure is one of the factors foreign  companies look for when evaluating markets for investment. Thus, joining indicates that Sri Lanka meets modern IP standards, and  that the country’s policy approach is export-oriented and offers a reliable environment for brand protection, an indication that matters to franchise businesses, technology companies, manufacturing investors, and potential international partners looking at the region.

The NCE said at a time when Sri Lanka's export strategy is moving toward branded products, value-added goods, and premium positioning, trademark protection is certainly a need, rather than a secondary concern. Building products such as Ceylon Cinnamon, fashion labels, wellness products, processed food brands, and software platforms into globally recognised names requires the legal infrastructure to protect them, which is supported by the Madrid Protocol. As most major trading economies and competing export countries across Asia and the Middle East are already members of the system, remaining outside it puts local businesses at a structural disadvantage.

The NCE's position is that the accession process requires  a clear and committed timeline. While the legislative groundwork is being laid, what is needed now is the certainty that allows businesses to plan, helping Sri Lankan companies move from suppliers to brand owners in global trade.