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 (2nd edition)

France Small Flag France

Patents

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

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 (Article L.611-2 and L.611-3section 3 of the IPC).

 

Utility certificates

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

Trademarks

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

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 (Article L.513-1 of the IPC).

Semiconductors

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

Plant varieties

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

Copyright

70 years post-mortem authoris (Article L.123-1 of the IPC).

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 (Article L.211-4 of the IPC).

 

Databases

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

 

Switzerland Small Flag Switzerland

Patents are protected for a maximum of 20 years from the filing date of the patent application. The term of protection of a supplementary protection certificate begins as soon as the maximum term of protection (20 years) for the patent protection for the active ingredient expires, and lasts for up to 5 years.

Trademarks are protected 10 years from their filing date. Protection can then be renewed indefinitely for 10 years at a time, upon request to the Federal Institute of Intellectual Property ("IPI") and payment of the renewal fee.

Designs are protected 5 years from their filing date and the protection may be extended for 4 periods of 5 years each, upon request to the IPI and payment of the renewal fee.

The duration of copyright protection varies depending on the type of work. For computer programs, protection expires 50 years after the author's death, whereas for all other works, protection expires 70 years after the author's death. In case of joint ownership where the individual contributions may not be separated, the relevant time is the death of the last surviving joint author. If the author is unknown, protection expires 70 years after the publication of the work or, if it has been published in instalments, 70 years after the final instalment.

The term of protection for a registered topography is 10 years from the date the registration request has been recognised as valid or the date the topography has been put on the market.

Protection of plant varieties expires at the end of the 25th calendar year following the granting of the title, and at the end of the 13th calendar year for varieties of vines and trees.

Inventions and creations that qualify as business secrets are protected as long as they remain secret and have a commercial value.

Poland Small Flag Poland

a) Patents are protected for up to 20 years from filing, provided that renewal fees are paid and they are not invalidated.

b) Supplementary protection rights may be obtained to extend protection of certain patentable inventions by up to five years, with an additional six month period for medicines intended for paediatric use (paediatric extension).

c) Utility models are protected for up to 10 years from filing, provided that renewal fees are paid and they are not invalidated.

d) Trade secrets remain protected as long as they are kept secret.

e) Improvement proposals do not have any specific duration because they only entitle the inventor to receive remuneration from the business which uses them, in accordance with such businesses internal regulations.

f) Trade marks are protected for 10 years from the date of filing. Trade mark protection may be extended indefinitely (for subsequent 10-year periods).

g) Business names are protected indefinitely (for as long as a business uses a particular name).

h) Designations of origin, geographical indications, and traditional specialities are protected indefinitely.

i) Economic copyrights are in force for 70 years after the end of the calendar year of the author's death. If the author is unknown or the copyrights originally belong to a person other that the author, then the term of protection is 70 years from the date of the work's first dissemination or creation. The author's moral rights do not expire.

j) Related rights: performers' rights, phonogram and videogram rights, and broadcasters' rights are in force for 50 years after the end of the calendar year of the first performance, fixation, or broadcast, respectively. First publication rights are protected for 25 years from such publication, and rights to critical and scientific publications are protected for 30 years from publication.

k) Registered designs are protected for up to 25 years from the date of filing, in five-year periods (as long as they are renewed every five years). Unregistered designs are protected for 3 years from the date the design was first made available.

l) Semiconductor topographies are protected for 10 years after the end of the calendar year of the earliest of: (i) the date of filing for protection, or (ii) first placement of such topography on the market.

m) Plant varieties are protected for 30 years (for hops, potatoes, wine and tree species) or 25 years (for other plant varieties) from the date of granting protection. For community plant variety rights, the European Council may extend these terms up to a further five years.

n) Databases are protected for 15 years after the end of the calendar year of their preparation, unless a particular database qualifies as a copyrighted work – then, it is protected in the same way as such works.

Italy Small Flag Italy

Patents have a duration of twenty years starting on the date of filing of the application and may not be renewed, nor may their duration be extended. The complementary certificate of protection produces the same effects as the patent to which it refers, limited to the part or parts of it covered by the marketing authorization. The effects of the complementary certificate of protection enter into force from the time at which the patent reaches its natural expiration under law and last for a time equal to the period that passed between the date of filing of the patent application and the date of the order by which the first marketing authorization of the medicine is granted. The duration of the complementary certificate of protection may in no case be greater than eighteen years, starting on the date on which the patent reaches its natural expiration under law. A patent for utility model has a duration of ten years from the date the application is filed.

Trademarks are protected for ten years starting from the application date, and can be renewed with respect to the same signs and the same products and services for ten-year periods, for an indefinite number of times.

The registration of a design or model has a duration of five years starting from the date of filing of the application. The owner may obtain an extension of the duration for one or more periods of five years until a maximum of twenty-five years from the date of filing of the application for registration.

Semi-conductor topography rights arise as of the first of the following dates, in order of time: a) the date of the first commercial exploitation of the topography in any part of the world; b) the date on which the application for registration was presented in proper form. They shall be terminated ten years after the first of the following dates, in order of time (i) the end of the calendar year in which the topography was commercially exploited for the first time in any part of the world; (ii) the end of the calendar year in which the application for registration was filed in the proper form.

The breeder's right has a duration of twenty years starting from the grant date. For trees and vines that right has a duration of thirty years from the grant thereof. The effects of the patent right take effect from the date on which the application, accompanied by the descriptive elements, is made accessible to the public. In respect to the persons to whom the application, accompanied by the descriptive elements, has been notified by the breeder, the effects of the patent rights begin from the date of that notification.

The exploitation rights of a work under ICL shall subsist for the lifetime of the author and until the end of the seventieth calendar year after his death.

The exclusive right of the maker of a data base shall run from the date of completion of the making of the database. It shall expire fifteen years from the first of January of the year following the date of completion.

Cyprus Small Flag Cyprus

Patents
The duration is twenty years from the filing date subject to the payment of annual renewal fees. No procedure to extend protection is provided except from pharmaceutical; in this case supplementary protection certificate may be issued, as descripted below.

Supplementary protection certificates
The maximum duration of protection may be given is five years. The length of the period of protection offered is calculated in relation to the period for which protection was lost due to authorization process. If the first marketing authorization was granted within five years from the date of filing the patent application, no supplementary protection certificate can be obtained. If the first authorization was granted between five and ten years from the date if filing the patent application, the duration of the certificate may be up to five years, depending on when that authorization was given. If the first authorization was granted between ten and twenty years from the date of filing the patent application, a certificate with a duration of five years may be obtained.

Trade marks
The duration of protection is seven years from the date of registration and at the seven-year period it can be renewed for another fourteen years by paying the required renewal fees. Then, the trade mark can be renewed for further fourteen-year periods this way and can last indefinitely.

Copyrights
In general copyright will be protected for seventy years from the date of the death of the author of the work. In case of films, this period starts from the date of the death of the last of the producer, the primary director, the script writer, the screenplay writer and the composer of any music specially composed for the film.

Designs
Design protection lasts for five years from the filing date. After that, design can be renewed for four terms of five years each by paying the relevant fees as the maximum duration of protection is twenty-five years.

Domain names
Applicants can be granted with one-year license or two-year license by paying the relevant fee. This license is only valid during the license period. Domain names can be renewed annually and indefinitely.

Israel Small Flag Israel

Patents
Duration is 20 years from the filing date, with some exceptions (see below).
The Israeli Patent 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 Patent 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. The time limit for the request cannot be extended, however, according to recent ILPTO case law, the ‘date of registration’ from which 90 days should be counted, starts from the day the Marketing Authorization was delivered to the applicant by the Ministry of Health. The examination of a PTE application commences only after a patent is granted. The prosecution of an application that is pending a PTE decision is accelerated (the examination must begin within 30 days of the PTE submission and must be completed as soon as possible because the Registrar may shorten all deadlines for that matter).

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 the UK.

Designs
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 a new Design Law, which replaces the Patents and Designs Ordinance. Hence, newly filed design applications will be protected for 25 years under the new law.

According to the new law, designs submitted prior to the new Design 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 ndividual character may also be protected for a term of 3 years, giving their owner the right to prevent unauthorised copying of the design.

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

Trademarks
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 date of application, unless the registration date falls on or before August 6th, 2003, in which case they are valid for seven years from the date of application. Up until the end of August 2010, the renewal period was for a period of 14 years. From September 2010, the renewal period is for a period of 10 years.

Chile Small Flag Chile

  • Trademarks:
    Trademarks, regardless of their classification, have a protection of ten years from the date it is granted. This period is renewable for another ten years.

    Appellation of origin and geographical indications have an indefinite duration as long as they continue to meet the conditions that have made them worthy of this protection.

  • Patents of invention / utility models / industrial drawings and designs / layout designs (topographies) of integrated circuitslayout designs (topographies) of integrated circuits:
    Patents of invention are granted for a non-renewable period of twenty years, beginning from the date of filing (in the case of PCT applications, the period begins from the date of international filing).

    Applications for a utility model are granted for a non-renewable period of ten years, beginning from the date of filing (in the case of PCT applications, it is from the date of international filing).
    The registration of an industrial drawing or industrial design is granted for a non-renewable period of ten years, starting from the filing date of the application.

    The protection of layout designs (topographies) of integrated circuits has a non-renewable duration of 10 years, starting from the filing date of the registration application or the first commercial exploitation from anywhere in the world.

    The breeder of a respective plant variety will have a term of protection of 18 years for trees and vines, and 15 years for the other species, starting from the date of provisional registration of their rights in both cases.

    In the case of divisional applications, the same norms are applied to determine their validity conserving the same priority from the original application. Thus, to determine the validity of the divisional application, it will be under the effective date of the original application.

  • Copyright:
    Intellectual works are protected by copyright for 70 years after the death of the author – or the last co-author, depending on the case -, and for 70 years from the publication of the work in those cases in which the work was created immediately under the ownership of a legal entity.

Greece Small Flag Greece

  • For national and secret patents the duration is twenty years from the day following the date of application, subject to the payment of annual fees. For patents of addition, the duration is the unexpired term of the main patent, which means that a patent of addition expires simultaneously with the main patent.
  • Patents protecting pharmaceuticals, as well as patents for plant protection products, can be awarded additional protection for a maximum period of 5 years by way of supplementary protection certificates.
  • Utility models have a duration of 7 years, which is calculated as from the day following the filing of the utility model (or patent in case of conversion) application and are subject to payment of annual fees.
  • Semiconductor topography rights remain valid for a non-renewable period of 10 years, which cannot be extended further.
  • Plant varieties are valid for 15 years, or, in the case of varieties of vine and fruit 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 have a maximum duration of 25 years, following the filing of the design application, provided that 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 protection depends on the type of the work. Copyright remains valid for the 70 years following the decease 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 compilation of the database.
  • Unregistered marks and unregistered designs enjoy protection, provided that they remain in use.

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 marketing 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.

Trade secrets

As long as the confidential/secret nature of the information is preserved.

Trade mark

Registered trade marks

Indefinite, provided renewal fees are paid.

Passing Off

Indefinite.

Design

Registered Designs

25 years, provided renewal fees are paid.

UK Unregistered Designs

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 Designs

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.

Pakistan Small Flag Pakistan

Patents: The total term of a patent in Pakistan is 20 years from the date of basic filing date which is not extendable. Renewal fee is required to be paid for each year.

Trade Marks: A trade mark, collective mark and certification mark is registered for a period of ten years from the date of filing of application or priority date, which can be extended for further period of ten years each ad infinitum.

Copyright: The general rule is that copyright subsists in any literary, dramatic, musical and artistic work (other than a photograph) published within the lifetime of the author and until fifty years after the death of the author. Whereas, in case of a cinematographic work, copyright subsists until fifty years after the work is published.

Designs: is registered for a period of ten years from the date of filing of application or priority date, which can be extended for further two terms of ten years each.

Ecuador Small Flag Ecuador

The duration of the intellectual property rights are:

Patents of invention: 20 years from the request of the registration or from the date that the priority is claimed. There is no way to extend the right once the term of protection expires.

Utility model: 10 years from the request. There is no way to extend the right once the term of protection expires

Copyright: The author's entire life and seventy years after his death.

  • Broadcasting: 50 years from the first of January of the year following the one in which the broadcast was made.
  • Phonograms: 70 years from the first of January of the year following the one that the phonogram was published.
  • Artists and performers: 70 years from the first of January of the year following that which the interpretation was performed
  • Patrimonial community’s rights: 70 years from the registration of such work.
  • Patrimonial rights in photographic works: 70 years from the publication.
  • Audio-visual works: 70 years from publication.

Layout diagram: 10 years from the first commercial exploitation anywhere in the world or from the date of application for registration.

Industrial design: 10 years from the request or the date whose priority is claimed.

Brand name, trade name, designation of origin: 10 years from the date of grant. It may be renewed in successive periods.

Country Brand: Valid in time until it is changed.

Plant Variety: 18 years varieties of vines and forest, fruit and ornamental trees; and, 15 years for the other varieties counted from the certificate.

Business secret: The protection will be applied all the time in which the conditions exist to keep it a secret.

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.

Malaysia Small Flag Malaysia

Patents: a maximum of 20 years from the filing date of the application. An annual renewal fee must be paid to keep the patent in force.

Confidential information: common law protection. Duration is potentially perpetual.

Trade marks: Ten years and is renewable every ten years.

Geographical indication: Ten years and is renewable every ten years.

Copyright:
Literary, musical or artistic works: life of the author plus 50 years after death. In joint authorship, computation starts from the date of the author who dies last.

Sound recording, films, works of Government, Government organisations and international bodies, typographical arrangement of a published edition and broadcasts continues to subsist until the expiry of 50 years computed from the beginning of the calendar year next following the year in which the sound recording, film government work, broadcasts and edition was first published or made.

Duration for performers is until the expiry of 50 years from when the performances was performed or fixed in a sound recording.

Industrial design: 5 years from filing, extendable for four consecutive 5 year terms.

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. The certificate of registration may be renewed for periods of ten (10) years at its expiration.

The registrant is also required to file a declaration of actual use within one (1) year from the fifth (5th) anniversary of each renewal. Further, the owner of a registered mark which is due for renewal on 01 January 2017 onwards, is now required, regardless of the filing date of the Request for Renewal, to also file a declaration of actual use for the renewed mark within one (1) year from the date of renewal. Failure to file the declaration of actual use within either of said periods shall cause the automatic cancellation of the registration.

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.

Japan Small Flag Japan

Patents: 20 years from the filing date of the application. An extension of such duration up to 5 years is available for patent registrations regarding pharmaceuticals and agricultural chemicals under certain circumstances.

Utility model rights: 10 years from the filing date of the application. 

Trademark rights: 10 years from the registration date. Such registration may be renewed any number of times by filing an application for renewal.

Design rights: 20 years from the registration date. Such registration is not renewable.

Copyrights: 50 years after the death of the author from the creation, with some exceptions, for example: 50 years after the work is made public in the case of works attributed to an organization; and 70 years after the work is made public in the case of cinematographic works.

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.

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

25 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 geographic zone including the natural and huan factors that provide the distinctive characteristics to the product exist..

Geographical Indications

As long as the conditions that provide the distinctive characteristics to the product exist.

 

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.

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. Further, a 6 months grace period is provided from the date of the expiration of the registration of the Trade mark to file a request for renewal.

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.

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.

(i) Trade Secrets
The protection of trade secrets is not limited in time.

Latvia Small Flag Latvia

patent - 20 years, the annual renewal fees should be paid from the third year.

supplementary protection certificate (SPC) - 5 years. It may be extended for additional 6 months for medicines for paediatric use.

trade secrets, confidential information and know-how - termless

trade marks - not limited

design rights - 25 years, the first validity period is 5 years and four renewals are provided, each for next 5 years.

database rights - 15 years

copyrights - 70 years

semiconductor topography rights - 10 years

plant varieties - 25 years (30 for potato, wine and tree varieties)

Trade marks - The registration of a trade mark is valid for a period of 10 years from the filing date, if it is not cancelled upon initiative of the owner of the trade mark, invalidated or revoked. The registration may be renewed for another 10-year period unlimited number of times. The owner of the trade mark shall submit a request for renewal of registration within the last year of validity of the trade mark registration and pay the respective fee. The Patent Office of Latvia prescribes an additional six-month period after expiration of the registration for the renewal of the registration.

If the renewal requirements are met (the request in filed and the prescribed fee is paid), the Patent Office of Latvia enters the information regarding the renewal of the registration into the Register, publishes a respective notice in the Official Bulletin and sends the confirmation of renewal to the owner of the mark.

Copyright (including database rights) - Copyright shall be in effect for the entire lifetime of an author and for 70 years after the death of an author. Copyright to audio-visual works shall be in effect for 70 years after the death of the last of the following persons: the director; the author of the script; the author of the dialogue; the author of a musical work created for an audio-visual work. These rights cannot be extended.

Vietnam Small Flag Vietnam

Cinematographic works, photographic works, works of applied art and anonymous works have a term of protection of seventy five years from the date of first publication while other works not specified at the preceding sentence would be protected for the whole life of the author and for fifty years after his/her death.

The rights of performers, producers of recordings (audio and visual fixation) shall be protected for fifty (50) years calculated from the year following the year of formulation [into a fixed form] of a performance, or from the year following the year of publication, or from the year following the year of the making of a broadcast respectively

For patents for inventions, utility solutions: 20 years and 10 years respectively. For design: 5 years from the granting date and renewable twice each of 5 years or a total of life-span of 15 years. Layout design: 10 years from the filing date or 15 years from the date of creation, whichever date is sooner. For trademark, term of protection is 10 years and renewable with unlimited number of times. Geographical indications, trade secrets, trade names and protection against unfair competition (alike passing off) are potentially permanent as long as their criteria for protection still exist.

Plant variety protection certificates shall be valid from the grant date up until the expiry of a period of twenty-five (25) years for timber trees and vines; and of twenty (20) years for other plant varieties.

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 their protection period 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 by law 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.

Protection of trade secrets is supposed to be improved under the proposed draft bill for an Act on the Protection of Trade Secrets, implementing the EU Trade Secrets Directive EU 2016/943. The draft bill does not stipulate a time limit for the protection of trade secrets.

To ensure the protection of confidential information, it is recommendable to have employees and contractual partners sign non-disclosure agreements which ideally should contain a contractual penalty for unauthorized disclosures.

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 causes 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.

Malta Small Flag Malta

Duration

Trade marks:
A Malta registered trade mark is valid for a period of ten years and can be renewed for further periods of ten years.

Copyright:
The date of expiration of copyright for literary, musical or artistic works and a database is seventy years after the end of the year in which the author dies, irrespective of the date when the work is lawfully made available to the public. With regard to audiovisual works, copyright expires seventy years after the end of the year in which the last of the following person dies: the principal director, the author of the screenplay, the author of the dialogue and the composer of music specifically created for use in the audiovisual work.

Neighbouring rights:
Have a duration of seventy years from the end of the year in which the fixation of the work was first lawfully published or first lawfully communicated to the public, whichever is the earlier, in accordance with the Term Directive.

Designs:
Registered design rights last for a period of five years from the date of filing of the application. The right holder may have the term of protection renewed for one or more periods of five years each, up to a total term of twenty-five years form the date of filing. The Unregistered Design Right will last, according to EU law, for a period of 3 years.

Patents:
The term of a patent lasts 20 years from the filing date of the application. It is also possible to apply for a Supplementary Protection Certificate (SPC) which has the effect of extending the term of a patent. The duration of an SPC commences at the expiry of the term of the patent and continues to have effect for that period equal to the period elapsed between the first day of the sixth year following the date of the application for a patent and the date of the first authorisation to place the product on the market in Malta or in any other country with which the Government of Malta has reciprocal or international agreements on supplementary protection certificates. However, the period lapsed as aforesaid shall in no case exceed five years. For the purposes of calculating the duration of the SPC, account shall be taken of a provisional first marketing authorisation only if it is directly followed by a definitive authorisation concerning the same product.

Renewal of registration:
With regard to each registrable intellectual property right (IPR), different renewal procedures exist for each IPR. These are fairly standard, in that, a renewal application must be filled in and filed, whether manually or online. Renewal fees, or in the case of patents maintenance fees, must be paid accordingly. A renewal notification is usually sent to the IPR owner by the Maltese IPRD.

Updated: August 2, 2018