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.

Updated: June 27, 2017