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)

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.

Updated: June 15, 2018