What is the duration of each of these intellectual property rights? What procedures exist to extend the life of registered rights in appropriate circumstances?

Intellectual Property

Singapore Small Flag Singapore

Copyright – Copyright subsisting in a literary, dramatic or musical work, or in artistic work other than a photograph shall continue to subsist until the expiration of 70 years after the expiration of the calendar year in which the work is first published or performed in public, or if not published/performed in public, 70 years after the expiration of the calendar year in which the author of the work died.

For sound recordings and cinematograph film, 70 years after the expiration of the calendar year in which the recording/film was first published; and for a published edition of a work or works, 25 years after the expiration of the calendar year in which the edition was first published.

Copyright subsisting in a television broadcast, sound broadcast or in a cable programme will continue to subsist until the expiration of 50 years after the expiration of the calendar year in which the broadcast was made/the cable programme is first included in the cable programme service.

Registered designs – A maximum of 15 calendar years from the date of filing, subject to the payment of renewal fees every five years. No possible extension of rights, unless the design in question was registered under the UK Registered designs Act before 13 November 2000, and the registration had not expired or been cancelled as of 13 November 2000. In such situations, the total period of registration may not exceed 25 years from the date of its registration under the UK Registered designs Act.

Layout-designs (topographies) of integrated circuits – A layout-design ceases to be a protected layout-design if it is first commercially exploited within five calendar years after the calendar year in which it was created, at the end of the tenth calendar year after the calendar year in which it was first commercially exploited; and for all other cases at the end of the period of 15 calendar years after the calendar year in which it was created.

Patents – A maximum of 20 calendar years from the date of filing, subject to the payment of annual renewal fees starting from the end of the fourth year.

Plant varieties – A maximum of 25 calendar years from the date of the grant of protection, provided that an annual fee of a prescribed amount and any relevant information required by the Registrar are furnished within the prescribed period.

Trade marks – Indefinite registration period, subject to the payment of renewal fees every 10 calendar years.

Geographical indications/trade secrets/know-how – N.A.

France Small Flag France

Patents

20 years from the filing date before the French Office (Institut National de la Propriété Industrielle or INPI) (IPC art. L.611-2).

Protection for pharmaceutical patents can be extended by supplementary protection certificates for a period up to 7 years after the expiry of the patent or 17 years from the grant of the marketing authorization (IPC art. L.611-2 and L.611-3section 3).

Utility certificates

6 years from the filing (IPC art. L.611-2 section 2).

Trademarks

10 years from the filing and indefinitely renewable (IPC art. L.712-1).

Geographical indications

As long as the producer complies with the relevant specifications of the protected location.

Designs

5 years from the filing and renewable for periods of 5 years up to 25 years (IPC art. L.513-1).

Semiconductors

10 years from the filing (IPC art. L.622-6).

Plant varieties

25 years from the grant of the certificate or 30 years for specific plants such as trees, vines or potatoes (IPC art. L.623-13).

Copyright

70 years after the author’s death (IPC art. L.123-1).

Neighboring rights

50 years from the 1st of January of the calendar year which follows:

  • the interpretation of the work for performers;
  • the first fixing of the sound or video recording for producers;
  • the first communication to the public of the program, for audiovisual communication companies (IPC art. L.211-4).

Databases

15 years from the 1st of January of the calendar year following the completion of the production of the database (IPC art. L.342-5).

Portugal Small Flag Portugal

Patents: 20 years calculated from the application date (in the last 15 years an annual fee must be payed).

Supplementary protection certificates: 1 year for patents of medicines and pharmaceutical plant products. 4 renewals (of 1 year each) may be requested. Inventors of Paediatric medicines may request for a 6 months’ extra extension.

Utility Models: 6 years calculated from the application date, 2 possible extensions (of 2 years each) may be requested.

Portuguese Trademarks: 10 years, calculated from the registration date, unlimited 10 years’ renewals may be requested.

Logos: 10 years, calculated from the registration date, unlimited 10 years’ renewals may be requested.

Designations of origin: unlimited duration.

Geographical indications: unlimited duration.

Company/commercial names: unlimited duration.

Topographies of semiconductor products: 10 years, calculated from the application date (in the last 6 years an annual fee must be payed).

New plant varieties: 10 years, unlimited 5 years’ extensions may be requested.

Designs: 5 years, calculated from the application date, 4 possible 5 years’ extensions may be required.

Copyright: 70 years after the author’s’ death.

Plant varieties: 15 years for herbal plants and 20 years for woody plants.

India Small Flag India

Patents:
The total term of a patent in India is 20 years from the date of filing or from the date of international filing, in case of PCT application.

The term of 20 years is non-extendable, and a renewal fee is required to be paid for each year until expiration of the term of the patent in order to maintain the patent.

Rights in confidential information: Rights in confidential information, as well as know-how, are covered under contractual law, and will be subject to the Limitation Act.

Trade marks; Collective Marks and Certification Marks:
The initial term of a Trade mark, Collective Mark or Certification Mark registration is 10 years from date of application, renewable every 10 years. The renewal request can be filed within 1 year prior to the expiration date.

Hallmarks:
Hallmarks are governed by the Bureau of Indian Standards. Renewal of recognition of hallmarking centres and jewellers is based on performance every three years.

Domain Name:
Domain names can be registered or renewed for a period of 1-10 years such that they do not cross the maximum allowed period from the registration or renewal date.

Geographical indications:
The registration of a geographical indication is granted for a period of ten years, and is renewable every 10 years.

Copyrights:
The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organisations, the 60-year period is counted from the date of publication. A copyright cannot be renewed further.

Designs:
A design registration is valid for a maximum period of fifteen years.

Initially the design registration confirms a right for ten years from the date of registration, which can be extended for another five years on payment of a one-time renewal fee at the end of the ten year term.

Greece Small Flag Greece

  • Patent rights remain valid for a total period of 20 years, following the filing of the patent application, provided they are renewed annually. In the case of pharmaceutical patents, supplementary protection certificates extending protection of the product for 5 years are available.
  • Utility models are valid for 7 years, following the filing of the utility model (or patent in case of conversion) application, provided they are renewed annually.
  • Semiconductor topography rights are valid for a non-renewable period of 10 years.
  • Plant varieties are valid for 15 years, or, in the case of varieties of vine and fruit tree and decorative tree species, for 18 years, as from the date of grant. However, in the absence of the implementing Decree prescribed by the Greek plant varieties law, no national plant varieties grants are available.
  • Registered design rights remain valid for a total period of 25 years, following the filing of the patent application, provided they are renewed every 5 years.
  • Trade mark rights remain valid perpetually, following the filing of the trade mark application, provided they are renewed every 10 years.
  • Copyright remains valid for a period of 70 years after the year of death of the author (creator) of the work. For copyright where other national law applies, the provisions of such law are respected, if the State of governing law is party to the Berne Convention or on the principle of reciprocity.
  • Database rights subsist for 15 years after the database is compiled.
  • Unregistered marks and unregistered designs may be protected, as long as they remain in use.

Japan Small Flag Japan

Patents (including utility model rights)
A patent is effective upon registration and expires 20 years from the application filing date. In the fields of pharmaceuticals and agrochemicals, the patent term can be extended by a period not exceeding 5 years.

A utility model right is effective upon registration and expires 10 years from the application filing date.

Registered Trademarks
Protection under the Trademark Act arises upon registration and lasts for 10 years.

Registrations can be renewed any number of times by filing a renewal application and paying a fee.

Copyright
Copyright protection starts from the creation of a work and continues for 50 years following the death of the author (for a cinematographic work, 70 years from publication).

Design rights
Protection under the Design Act arises upon registration and lasts for 20 years.

Mexico Small Flag Mexico

Inventions

IP right

Regular duration

Procedure to extend the life of IP right

Patents

20 years.

Non-extendable.

Utility models

10 years.

Non-extendable.

Industrial designs

15 years.

Non-extendable.

Integrated circuits

10 years.

Non-extendable.

Trade secrets

N/A

N/A

Brands

IP right

Regular duration

Procedure to extend the life of IP right

Trademarks

10 years.

Renewal application. No need to prove use. It is extended
for 10 years. No limit of renewals.

Trade names

10 years.

Renewal application. No need to prove use. It is extended
for 10 years. No limit of renewals.

Slogans

10 years.

Renewal application. No need to prove use. It is extended
for 10 years. No limit of renewals.

Appellations of Origin

As long as the conditions that provide the distinctive
characteristics to the product exist and a declaration by
the Mexican Patent and Trademark Office is published.

Copyright and other rights

IP right

Regular duration

Procedure to extend the life of IP right

Copyright

100 years after author’s dead.

Non-extendable.

Related rights: artist, performers and executors

75 years.

Non-extendable.

Related rights: book publishers

50 years.

Non-extendable.

Related rights: phonogram producers

75 years.

Non-extendable.

Related rights: video producers

50 years.

Non-extendable.

Related rights: broadcasting organizations

50 years.

Non-extendable.

Reservation of rights: periodical publications

1 year.

Renewal application. Need to prove use. It is extended for
the same period. No limit of renewals.

Reservation of rights: periodical broadcasts

1 year.

Renewal application. Need to prove use. It is extended for
the same period. No limit of renewals.

Reservation of rights: characterized, fictitious and
symbolic characters

5 years.

Renewal application. Need to prove use. It is extended for
the same period. No limit of renewals.

Reservation of rights: people and groups dedicated to
artistic activities

5 years.

Renewal application. Need to prove use. It is extended for
the same period. No limit of renewals.

Reservation of rights: advertising promotions

5 years.

Non-extendable.

Plant varieties: for perennial spices

18 years.

Non-extendable.

Plant varieties: for non-perennial spices

15 years.

Non-extendable.

China Small Flag China

  • Invention patents: 20 years;
  • Utility model patents: 10 years;
  • Design patents: 10 years;
    (Please note that in this article when we use "patents" it refers to invention, utility model and design patents).
  • Semiconductor topography rights: 10 years after registration or first use;
  • Trademarks: renewal applications may be made every ten years after initial registration;
  • Copyright: 50 years from creation for works belonging to corporate entities; for works of individuals protection is life of the author plus 50 years after death;
  • Plant varieties: 20 years for vines, forest trees, fruit trees and ornamental trees, 15 years for others.

United Kingdom Small Flag United Kingdom

Right Duration
Patents
Patents 20 years from the date the application was filed, provided renewal fees are paid.
Supplementary Protection Certificates Up to 5 years from the date the relevant patent expires. The term of the SPC will be the time between the filing of the relevant patent application and the grant of the relevant marking authorisation, minus 5 years, and subject to a maximum of 5 years. An SPC for a medicinal active ingredient may be extended for a further 6 months if appropriate paediatric testing has been conducted.
Confidential information As long as the confidential nature of the information is preserved.
Trade mark
Registered trade mark (both UK and EU trade marks) Indefinite, provided renewal fees are paid.
Passing Off Indefinite.
Design
Registered Design (both UK and European Community Design) 25 years, provided renewal fees are paid.
UK Unregistered Design The lesser of: 15 years from first recording in a design document or first making to the design; or 10 years from first making the article available for sale or hire (dates calculated from the end of the relevant calendar year).
Unregistered European Community Design 3 years from the date the relevant design is first made available to the public.
Copyright
Copyright Usually, the life of the author plus 70 years from the end of the calendar year in which the last surviving author dies. This applies to most types of work, including literary work, databases, tables and compilations, and films. If the work is published, copyright protection lasts until 70 years from the end of the year that the work was first made available. Some types of work attract a shorter period of protection. Sound recordings and broadcasts are protected until 50 years from the end of the calendar year in which they are created. If a sound recording is released, protection is extended to 70 years. Typographical arrangements are protected until 25 years from the end of the year of publication.
Other
Database rights The duration of the sui generis database right is 15 years from the end of the calendar year in which the database was completed.
Plant varieties 30 years from the date of grant (for potatoes, trees and vines) and 25 years from the date of grant in all other cases.
Semiconductor topography rights Either: (a) 10 years from the end of the calendar year in which the topography or articles made with the topography were first made available for sale or hire, or (b) if neither were made available, 15 years from the date the topography was first recorded in a design document or an article was first made to the topography.

For registered rights (patents, registered designs and registered trade marks), the continued subsistence of the right depends on the payment of renewal fees.

South Africa Small Flag South Africa

Patents

The duration of a patent is 20 years from the South African filing date, or 20 years from the international filing date in the case of a PCT application which has subsequently entered the South African national phase.

There is no provision in terms of South African law to extend the duration of a patent.

Designs

In terms of the Designs Act, a design has to be categorised as an aesthetic design or a functional design. Generally, a design which belongs in Part A has features which appeal to and are judged solely by the eye, irrespective of the aesthetic quality thereof. No feature of an article in so far as it is necessitated solely by the function which the article is intended to perform will afford the registered proprietor of an aesthetic design any rights in terms of the Designs Act in respect of such feature. Conversely, a functional design is devoid of any aesthetic features which may influence a user in selecting the design. Naturally, it is possible for a design to have features which are both aesthetic and functional.

An aesthetic design has to be registered in Part A of the Register and a functional design in Part F of the Register. Features that are both aesthetic and functional in nature can be registered in both Class A and F, each in separate applications. In addition, the Designs Act allows for the filing of a design application within six months from the date on which the design was first made available to the public (design being ‘publicised’) in South Africa, or elsewhere. This date of first public disclosure is referred to as the ‘release date’ of the design. A Part A registration has a maximum term of fifteen years, whereas a Part F registration has a maximum term of 10 years, from the release date, or the earliest priority date in the case of a Convention application, or the date of filing the application in South Africa.

An integrated circuit topography is protected in terms of the Designs Act and is considered a functional design. As such, the duration of intellectual property rights for an integrated circuit topography is ten years from the release date, or the earliest priority date in the case of a Convention application, or the date of filing the application in South Africa.

There is no provision in terms of South African law to extend the duration of a design.

Plant Breeders’ Rights

25 years for vines and trees, and 20 years for all other varieties, calculated from the date of issuance of the PBR registration certificate. No extension is possible.

Trade Marks

Registered trade marks may exist in perpetuity, provided that they are renewed every ten years and not cancelled due to non-use or other grounds of cancellation.

The common law right in an unregistered trade mark exists as long as it is being used to the extent that a reputation has been established and is being maintained. Residual reputation may exist after use of the trade mark has ceased, but the duration of this residual reputation varies on a case-by-case basis.

Copyright

The term of copyright for literary, musical and artistic works is 50 years from the end of the year in which author dies, provided that before the death of the author the work has not been published; performed; offered for sale or broadcast. If it has, then the term of copyright shall be 50 years from the end of the year in which such act is done.

The term of copyright for cinematographic films, photographs and computer programs is 50 years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright, or is first published, whichever term is longer, or failing such an event, within 50 years of the making of the work.

The term of copyright for sound recordings is 50 years from the end of the year in which the recording is first published. The term of copyright for a broadcast is 50 years from the end of the year in which the broadcast first takes place. The term of copyright for published editions is 50 years from the end of the year in which the edition is first published.

UAE Small Flag UAE

Patents: 20 years from the date of filing, with no possibility of renewal.

Utility certificates: 10 years from the date of filing, with no possibility of renewal.

Trademarks: 10 years from the date of filing, and may be renewed indefinitely for additional periods of 10 years.

Copyright and Neighbouring rights:

  • Economic rights of authors: author's lifetime and 50 years from the first day of the calendar year following his/her death.
  • Economic rights of joint authors: authors' lifetime and 50 years from the first day of the calendar year following the death of the last surviving author.
  • Economic rights of authors of collective works: 50 years from the first day of the next calendar year of the first publication if the author is a legal person (for natural persons see above).
  • Economic rights of authors of applied arts: 25 years from the first day of the calendar year immediately following the year of first publication of the work.
  • Economic rights granted to performers: 50 years from the beginning of the calendar year following the year during which the performance was accomplished. If the performance was fixed in a phonogram, the period of 50 years is calculated from the end of the year in which the fixation was made.
  • Economic rights of the producers of phonograms: 50 calendar years from the beginning of the calendar year following the year during which the publication of the phonogram was done or the year during which the phonogram was fixed if it was not published.
  • Economic rights of the broadcasting organizations: 20 years calculated from the beginning of the calendar year following the year during which the first transmission of these programs was made.

Industrial design rights: 10 years from the date of filing, with no possibility of renewal.

New plant varieties: 20 years for crops and 25 years for vines and trees, calculated from the date of the decision granting those rights.

Philippines Small Flag Philippines

The term of a patent shall be twenty (20) years from the date of filling of the application, but is subject to the payment of annual fees in order to maintain the patent application/patent. It is not subject to extension.

The term of a utility model shall be seven (7) years, without any possibility of renewal, after the date of filing of the application.

The certificate of registration of a trademark shall remain in force for ten (10) years, provided that the registrant shall file a declaration of actual use within one (1) year from the fifth (5th) anniversary of the date of the registration of the mark. Such certificate of registration may be renewed for periods of ten (10) years at its expiration.

A copyright covering original and derivative works shall be protected during the life of the author and for fifty (50) years after his death. This rule also applies to posthumous works. In case of work under joint authorship, the protection shall be during the life of the last surviving author and for fifty (50) years after his death. In case of anonymous or pseudonymous works, the copyright shall be protected for fifty (50) years from the date of the first lawful publication of the work. In case of works of applied art, the protection shall be for twenty-five (25) years from the date of making. In case of photographic works, the protection shall be for fifty (50) years from publication, if published, and fifty (50) years from the making if unpublished. In case of audio visual works, the term shall be fifty (50) years from the date of publication, if published, and fifty (50) years from the making if unpublished.

The registration of an industrial design shall be for a period of five (5) years from the filing of the application, and may be renewed for not more than two (2) consecutive periods of five (5) years each.

The registration of a layout design shall be for ten (10) years, without possibility of renewal, and shall be counted from the commencement of the protection, which shall be on the first commercial exploitation, anywhere in the world, of the layout design by or with consent of the holder, or on the filing date accorded to the application if the layout design has not been exploited commercially anywhere in the world.

United States Small Flag United States

(a) Utility and Plant Patents

  1. If the application for patent was filed on or after June 8, 1995, the term of a U.S. utility or plant patent is twenty (20) years from the earliest filing date of the application and any U.S. nonprovisional patent application or Patent Cooperation Treaty (PCT) applications from which the patent claims priority.
  2. If the application for patent was filed before June 8, 1995, the term of a U.S. utility or plant patent is the longer of: (A) seventeen (17) years from the date the patent was issued, and (B) twenty (20) years from the earliest filing date of the application and any U.S. nonprovisional patent application or PCT application from which the patent claims priority.

Patent term is provided for in 35 U.S.C. § 154. The term of a U.S. patent may be adjusted for certain patent office delays, as set forth in 35 U.S.C. 154(b).

For products that require regulatory approval before the product may be sold in the U.S., and for methods of using or manufacturing such products, the patent term may be extended in certain circumstances, as set forth in 35 U.S.C. §156.

(b) Design Patents

  1. For applications filed on or after May 13, 2015, the patent term is fifteen (15) years from the date the patent issued.
  2. For applications filed before May 13, 2015 the patent term is fourteen (14) years from the date the patent issued.

(c) Trademarks
A federal trademark registration can be maintained for as long as the mark remains in continuous use in interstate or international commerce. The registration must be renewed every ten (10) years and, a “declaration of use” must be filed between the fifth (5th) and sixth (6th) year following registration.

(d) Copyright

  1. Works of authorship created on or after January 1, 1978, per 17 U.S.C. § 302:
    (A) If created by a single author, the copyright term includes the author’s life plus an additional seventy (70) years.
    (B) If created by two or more authors, the copyright term endures for seventy (70) years after the last surviving author’s death.
    (C) If created anonymously or pseudonymously, the copyright term endures for ninety-five (95) years from the first publication of the work or one hundred twenty (120) years from creation, whichever is shorter.
  2. Works that were in existence before January 1, 1978 but were neither published nor registered before that date have a term as set forth in (1)(A)(B) and (C) above, and in any event shall not have expired prior to December 31, 2002. If a work in this category was published before December 31, 2002, the term was extended another forty-five (45) years through the end of the year 2047. See 17 U.S.C. § 303.
  3. The copyright term for works under statutory protection before 1978 is set forth in 17 U.S.C. § 304.

(e) Trade Secrets
A trade secret may endure so long as it remains a secret, that is, not generally known to the public, and confers some economic benefit on its holder, and is the subject of reasonable efforts to maintain its secrecy.

Germany Small Flag Germany

a) Patents
German patents are protected as of the date of filing for a maximum period of 20 years, subject to payment of the annual renewal fees starting from the second year following the filing date, Section 16 Patent Act.

Special provisions apply to inventions in the field of pharmaceuticals and plant protection products, in which case the protection of can, under certain circumstances, be extended by supplementary protection certificates for up to five years following expiry of the maximum period of protection and for a further period of up to six months in case of recognised studies on medicinal products for paediatric use, Section 16a German Patent Act, Art. 13(2), (3) Regulation 1768/92/EC.

b) Utility models
Utility models are protected for up to 10 years from the date of filing, provided the renewal fees are paid after the third, sixth and eighth year following the filing date, Section 23 Utility Model Act.

c) Confidential information
Trade and company secrets are generally protected during the employment relationship, Section 17(1) Act against unfair competition. In addition and following the end of the employment relationship, confidential information is protected against industrial espionage (Section 17(2) no. 1 Act against unfair competition), use of unlawfully acquired secrets (Section 17(2) no. 2 Act against unfair competition) and use of models (Section 18 Act against unfair competition). In addition to that, Section 19 Act against unfair competition extends the offences stipulated in Sections 17 and 18 Act against unfair competition to preparatory actions. Under certain circumstances, the use of a third party’s know how may also be the basis for civil claims according to Sections 3 Act against unfair competition, 826 Civil Code or Sections 823(1), 1004 Civil Code.

To broaden the scope of protection of confidential information, it is advisable to have employees and contractual partners sign non-disclosure agreements.

d) Trade marks and business names
Registered trade marks are protected for ten years and can be renewed indefinitely for further periods of ten years. For the renewal, it is necessary and sufficient to pay the renewal fees before the expiration of each ten year term plus a grace period of six months. Trade marks must be used in a genuine way, lack of use for an uninterrupted period of five years cause trade marks to be liable for revocation due to non-use.

Unregistered trade marks are protected as long as the acquired reputation / notoriety subsists.
Company names are protected until definite discontinuation of business or definite discontinuation of usage of the business designation. Work titles are protected until definite abandonment of the title.

e) Geographical indications
Protection of geographical indications lasts as long as the producer complies with the relevant specifications of the protected location.

f) Supplementary protection of creative property under competition law
Supplementary protection of creative property under Section 4 Nr. 3 Act against unfair competition is not an intellectual property right per se and has no general limit of duration. Subject matter of this supplementary protection is not the imitated product as such, but rather the particular manner of how a third party achievement that is eligible for protection is used and utilized for the purposes of competition.

g) Registered designs
Design protection starts on the date of registration. The initial term of protection is five years and the protection can be renewed for another five years at the end of each term of protection by payment of the renewal fees, up to a maximum period of 25 years from the filing date, Section 27 Design Act.

h) Copyright and database rights
Copyright protection lasts for 70 years following the end of the year of the author's death, Section 64 Act on Copyright and Related Rights. There are exceptions and different terms for special cases, such as a term of 50 years regarding rights of performers, producers and broadcasters. Databases are protected for 15 years after the publication of the database, but expire after 15 years following its production if the database was not published within that period. While copyright protection cannot be renewed, for databases, a new term of protection may apply where an existing database following a major change is considered as a new database.

i) Semiconductor topography rights
Semiconductor topography rights are protected for ten years following the year when the protection started, Section 5(2) Semiconductor Protection Act. The protection cannot be extended.

j) Plant variety rights
Once the plant variety right is granted, it is valid for a maximum duration of (1) 25 years and (2) 30 years in the case of hops, potatoes, wine and tree species, Section 13 Act on the Protection of Plant Varieties.

Switzerland Small Flag Switzerland

For patents the duration is 20 years from the filing date of the application. The duration of the Supplementary Protection Certificates depends on the gap between patent expiration and the approval for the product release but will be granted for a maximum of 5 years.

For designs the initial registration period is five years from the filing date. And the duration may be extended for four periods of five years each (i.e. a maximum total of 25 years from the filing date). The procedure for extending the duration is simple and only requires the payment of the renewal fee.

For trademarks the initial registration period is 10 years from the filing date and the trademark can be renewed for further 10-year periods indefinitely. The procedure is simple and only requires the payment of the renewal fee.

Domain names are to be renewed annually by paying the registration fee and registration can be upheld for an unlimited period of time.

With copyright it depends on the type of work that is protected. In the case of computer programs, protection expires 50 years after the death of the author and in the case of all other works; protection expires 70 years after the death of the author. In the case of related rights (rights of artistic performers, phonographic rights, rights of broadcasters), the protection expires also after 50 years.

The protection for registered topography rights expires 10 years after the application date or 10 years after its first distribution, whichever comes first. The protection for unregistered topography rights expires two years after the first distribution of the semiconductor topography. In any event, protection ends 15 years after the development of the semiconductor topography.

Plant variety protection ends after the 25th full calendar year after protection has been granted. For vines and trees, however, the protection ends after completion of the 30th full calendar year.

Ukraine Small Flag Ukraine

Duration of patents for inventions is 20 years from the filing date. The noted duration applies subject to due payment of the annuities. A patent for a substance, use of which needs a special permission from authorized state authority (e.g. medicinal products, agrochemicals) may be extended for up to 5 years. In order to extend a patent, an appropriate request must be filed to UAPTO with confirming documents, payment of official fee and power of attorney (hereafter the PoA) for non-residents of Ukraine prior to 6 months before the expiration of the twenty years’ period.

Duration of patents for utility models is 10 years from the filing date (non-extendable). The noted duration applies subject to due payment of the annuities.

Duration of a certificate for a semiconductor topography is 10 years from the filing date (non-extendable).

Duration of a certificate for Trademarks is 10 years from the filing date; indefinitely renewable for same periods. In order to apply the renewal an appropriate request must be filed to UAPTO with payment of official fee and PoA for non-residents of Ukraine within 6 months before the expiration of the ten years’ period.

Duration of industrial design protection is 10 years from the filing date; extendible for 5 years. In order to extend a patent, an appropriate request must be filed to UAPTO with confirming payment of official fee and PoA for non-residents of Ukraine within 2 months before the expiration of the ten years’ period. The noted duration applies subject to due payment of the annuities.

Duration of copyright protection is 70 years from the date of an author’s death or the death of the last co-author (non-extendable).

The duration of related rights’ protection is 50 years after the first publication of the work (non-extendable).

Duration of intellectual property rights to plant varieties is 35 years from the date of plant variety registration for trees varieties, shrubby cultures and grapes and 30 years for any other culture (non-extendable).

Duration of intellectual property rights to designations of origin and geographical indications is 10 years from the date of registration with possibility of extension for 10 years; indefinitely renewable for same periods. In order to apply the renewal an appropriate request must be filed to UAPTO with payment of official fee, a document from the relevant authority that owner produces goods on the territory and with characteristics that comply the data from the State register and PoA for non-residents of Ukraine within 1 year before the expiration of the ten years’ period.

As regards trade name, Ukrainian legislation does not limit their protection to a certain duration period.

Turkey Small Flag Turkey

Right

Duration

Patent

20 years as from the date of application filed before the Turkish Trademark and Patent Authority (the “Authority”). This term cannot be extended.

Utility Model

10 years as from the date of application filed before the Authority. This term cannot be extended.

Trademark

10 years as from the date of application filed before the Authority. This term can be extended for ten years each time.

Design

5 years as from the date of application filed before the Authority. This term can be renewed for five years each time in a manner extending up to twenty five years in total.

Sweden Small Flag Sweden

(a) Patent
A granted patent may be in force for 20 years from when the application was filed at the PRO. As mentioned above, PRO may under certain circumstances grant pharmaceutical an extended patent protection, SPC, please see question A 1 (ii). .

(b) Right to Inventions of Employees
An employer and an employee may agree on a limitation for the employee‘s right to exploit his or her inventions. Such limitation is however void if it exceeds to any inventions which are made more than one year after the employment has been terminated.

(c) Protection of Topographies for Semiconductor Products
The protection is in force for 10-11 years after the first commercial use of the topography. In the event it has not yet been commercially exploited, the right ceases fifteen years following the expiry of the year in which the topography was created.

(d) Right to Trademarks
A registered Trademark may be in force for 10 years and can be prolonged as many times as desired by the proprietor, provided that the registration fee is duly submitted to the PRO. The exclusive right to Trademarks acquired by establishment is in force for a period corresponding to the period of which the Trademark is established, or in other words, known by the relevant public. No registration is required.

(e) Right to Trade Names
Exclusive right to a Trade Name is perpetual, remaining in force until the registration of the Trade Name is revoked or the Trade Name ceases to be considered established.

(f) Copyright
Copyright in a Work subsists until the end of the 70th year after the year of death of the author or, in the case of a Work created by several authors, after the year of death of the last surviving author.

(g) Design Protection
The registration of a Design is valid for one or more five-year periods, calculated from the date of filing the application for registration at the PRO. A registration which is valid for less than twenty-five years may be renewed, upon application at the PRO, for additional five-year periods up to a total term of 25 years. Each such period shall be calculated from the expiry of the preceding period. Regarding Designs for parts intended for the repair of complex products so that they regain their original appearance, the registration is never valid for more than three five-year periods.

(h) Plant Variety Rights
A plant variety right is valid from the date when the application for registration was granted by the Swedish Board of Agriculture and may be maintained for 25 (or 30 for certain varieties) years calculated from 1 January of the year following the year when the decision about the registration became final.

Spain Small Flag Spain

Right

Duration

Patents

20 years from the date the application was filed, provided renewal fees are paid.

Utility Model

10 years from the date the application was filed, provided renewal fees are paid.

Trade mark

Registered trade mark

Indefinite, provided it is renewed every ten years.

Design

Registered Design

25 years, provided it is renewed every five years.

Copyright

Life of the author plus 70 years. Related rights have specific duration

Israel Small Flag Israel

Patent
Duration is 20 years from the filing date, with some exceptions (see below).

The Israeli Patents Law allows for extending the term of a patent (PTE) relating to pharmaceuticals (including patents related to pharmaceutically active ingredients, pharmaceutical preparations, processes or use of active ingredients, and processes for producing a pharmaceutical preparation), or medical devices that require regulatory marketing approval.

According to the Patents Law, a PTE request must be filed within 90 days from registration of the pharmaceutical or medical device by the Israeli Ministry of Health, even when the patent application is still pending. This time limit for the request cannot be extended. The examination of a PTE application commences only after the patent grant. The prosecution of an application that is pending a PTE decision is accelerated (the examination must begin within 60 days of submission, and must end within 60 days of the later of the commencement of examination and the date the applicant provided the ILPTO with the information required to complete the examination).

Additionally, the grant of a PTE to an Israeli patent is tied to the grant and duration of term extension of corresponding and other related patents in “Reference Countries” which include the US, France, Germany, Italy, Spain and UK.

Design
Until recently, Israel acted in accordance with the Patents and Designs Ordinance – 1924, according to which the period of protection given to designs was 15 years. On July 26th, 2017, the Israeli Parliament adopted the new Designs Law, which replaces the Patents and Designs Ordinance. Hence, newly filed design applications will be protected for 25 years under the new law.

According the new law, designs submitted prior to the new Designs Law are granted an extension of three years. Thus, the protection period for pending applications or for registered designs is 18 years.

According to the new law, unregistered designs which are novel and have an individual character may also be protected for a term of 3 years, giving their owner the right to prevent unauthorised copying of the design.

Copyright
Copyright in a work shall subsist during the life of its author and for 70 years after his death.

Trademark
The period of protection given to trademarks is not limited in time as long as the renewal fees are paid.

Registered trademarks are valid for 10 years from the application date, unless the registration date falls on or before August 6th, 2003, in which case they are valid for seven years from application. Until the end of August 2010, renewal was for a 14-year period. Starting September 2010, renewals are for a 10-year period.

Updated: August 23, 2017