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 (3rd edition)

Malaysia Small Flag Malaysia

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

Utility Innovation: Ten years from filing, extendable for two consecutive terms of 5 years, amounting to maximum 20 years of protection.

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 terms of 5 years, amounting to maximum 25 years of protection.

Norway Small Flag Norway

A granted patent is valid for 20 years after the filing date of the first application. Trade secrets are valid for as long as the information meets the requirements for being a trade secret. A registered trademark is valid for ten years from the filing date of the application. A granted design registration is valid for five years after the filing date of the application. The maximum duration of design rights are 25 years. Copyright exists in the originators lifetime and for 70 years thereafter. Database rights last for 15 years after the production of the database.

Patent rights for medicinal products and plant protection products may be extended by SPCs. The procedures for such extension comply with the EU SPC Regulations for medicinal and plant protection products. Medicinal products that are indicated for treatment of children may be granted an additional paediatric extension of six months after the expiry of the SPC.

To be granted a SPC or a paediatric extension, the patent-holder must hold a valid marketing authorisation for a medicinal or plant protection product. The application must be filed within six months of receiving the first marketing authorisation for the product. The applicant must pay an additional fee.

Registered trademarks may be extended for ten years at a time, upon written application to the Norwegian Industrial Property Office (NIPO) at the earliest one year before, and at the latest six months after, the expiration of the registration period. A fixed fee is to be paid upon requests for renewal.

Registered designs may be extended for five years at a time. The procedure for extending the rights corresponds to the procedure for extending trademark rights.

Singapore Small Flag Singapore

  1. Patent rights – up to 20 years from the date of filing, subject to payment of annual renewal fees starting from the end of the fourth year from the date of filing. An application may be made to extend the patent term in exceptional circumstances, for example if there was an unreasonable delay in the grant of the patent, or a delay in the grant of marketing approval for a pharmaceutical product.
  2. Confidential information – until the information ceases to be confidential.
  3. Industrial design rights – up to 15 years from the date of filing. This is divided into an initial period of 5 years, and two further periods of 5 years each upon application and payment of fees.
  4. Trade mark rights – indefinite, subject to payment of renewal fees every 10 years for registered trade marks.
  5. Geographical indications – indefinite, subject to payment of renewal fees every 10 years for registered GIs.
  6. Copyright – different durations apply for different types of copyrighted works. Generally for literary, dramatic, musical or artistic works, the life of the author plus 70 years after the end of the calendar year in which the author died.
  7. Layout designs of integrated circuits – 10 years if it is first commercially exploited within 5 years after the calendar year of its creation; otherwise, up to 15 years after the calendar year of its creation.
  8. Plant varieties protection – up to 25 years from the date of grant of protection, subject to annual payment of renewal fees.

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 maximum.

Mus be renewed every 5 years, up to a total of 25 years.

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. Declaration of use required upon 3rd year from registration date and every renewal. Extension for 10 years upon every renewal. No limit of renewals.

Trade names

10 years.

Renewal application. Declaration of use required upon 3rd year from registration date and every renewal. Extension for 10 years upon every renewal. No limit of renewals.

Slogans

10 years.

Renewal application. Declaration of use required upon 3rd year from registration date and every renewal. Extension for 10 years upon every renewal. No limit of renewals.

Trade Dress

10 years.

 

Renewal application. Declaration of use required upon 3rd year from registration date and every renewal. Extension for 10 years upon every renewal. No limit of renewals.

Certification Marks

10 years.

Renewal application. Declaration of use required upon 3rd year from registration date and every renewal. Extension for 10 years upon every renewal. No limit of renewals.

Appellations of Origin

As long as the geographic zone including the natural and human factors providing 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 death. In case of co-authorship, as from the death of the last of the living co-authors.

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: artiscitc and group names 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 species

18 years.

Non-extendable.

Plant varieties: for non-perennial species

15 years.

Non-extendable.

 

China Small Flag China

Invention patent: 20 years from filing date; Utility model/design: 10 years from filing date; Semiconductor topography:10 years from filing date or 15 years from the creation date, whichever is earlier; Plant varieties:15-20 years depending on the specific variety.

There is no procedure to extend the above IP’s life of right.

Trademarks: 10 years since registration date. Renewable for 10 years each time (1) within 6 months before the expiration, or (2) within a grace period of 6 months beyond the expiration.

Copyright: For a work of a citizen, the lifetime of the author and 50 years after his death, For a work belongs to a legal entity, 50 years after the first publication of such work. No renewal or extension.

Ecuador Small Flag Ecuador

The duration of the intellectual property rights is:

Invention patent: 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: Patrimonial rights are only protected for a specific period. 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 January 1st of the year following the one when 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 for 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.

South Africa Small Flag South Africa

Patents – 20 years from date of application, no extensions possible

Registered Designs:

Aesthetic designs – 15 years from date of application or the release date, whichever is earlier

Functional Designs 10 years from date of application or the release date, whichever is earlier

Trade Marks – indefinite – renewal every 10 years from date of application.

Copyright

For literary, musical and artistic works, except for photographs, the copyright term in South Africa is fifty years from the end of the year of the author's death, or fifty years from publication if it is first published after the author's death. For photographs, films and computer programs, the term is fifty years from first publication, or fifty years from creation if not published within fifty years. For sound recordings, broadcasts, programme-carrying signals and published editions, it is fifty years from first publication or transmission.

Anonymous works are protected for the shorter of fifty years from first publication or fifty years from the year when it is reasonable to presume the author is dead. For works with multiple authors, the fifty years from death are calculated from the death of the last author to die. Government works are protected for fifty years from first publication.

Plant Breeders rights – A plant breeder's right shall be granted for a period of-

(a) 25 years, in the case of vines and trees; and

(b) 20 years, in all other cases,

calculated from the date on which a certificate of registration is issued.

Cyprus Small Flag Cyprus

Patents offer protection for 20 years from the filing date of the application, provided the annuities are paid for each year. In respect of patents granted in relation to pharmaceuticals, under conditions, it is possible to secure a supplementary certificate and extend the protection with an additional period of 5 further years. Further, if the patent concerns a pediatric medicine an additional protection of 6 months is granted, following the filing of a relevant application.

A trade mark is currently protected for an initial 7- year period, which may be renewed upon payment of the renewal fee at the Trade Marks Registrar for further 14-year periods.

A copyright is effective during the author’s lifetime, plus 70 years following his/ her death. In the event that the copyright is vested in a legal entity, copyright lasts for 70 years from the date that the work is published. In case a work is anonymous, it is protected with copyright for a 70-year period from the date that the work is made accessible to the public.

A design is valid for an initial period of protection of 5 years and may potentially be renewed for further 5-year periods, reaching a maximum 25-year period of protection. Protection may be granted for as long as the design remains ‘new’ and demonstrates an ‘individual character’.

Domain names may be registered for renewable one or two-year periods. Depending on the point in time that the domain name application is filed, the registration fee varies- the later an application is filed from 1st January of the year in question, the lower is the fee.

Japan Small Flag Japan

Patents: 20 years from the filing of the patent application. When a patent term extension is available, the patent term can be extended for up to 5 years. A person who wants a patent term extension is required to file an application for a patent term extension with the Japan Patent Office.

Utility models: 10 years from the filing of the utility model application.

Designs: 20 years from the registration of the design.

Trademarks: 10 years from the registration of the trademark. Trademark rights can be renewed by filing a renewal application with the Japan Patent Office.

Copyrights: 70 years from the death of the author subject to some exceptions.

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 or combination of active ingredients expires, and lasts for up to 5 years. Paediatric supplementary protection certificates are granted for a period of 6 months from the expiry of the longest term of the patent.

Trademarks are protected 10 years from their filing date. Protection can then be renewed indefinitely for further 10 years periods by filing (i) a respective request to the Federal Institute of Intellectual Property ("IPI") within the last twelve months prior to the expiry of the term of validity and not later than six months after its expiry and (ii) payment of the respective renewal fee.

Designs are protected for an initial period of 5 years from their filing date. Upon request to the IPI and payment of the renewal fee the protection may be extended for further 4 periods of 5 years each, i.e. the total possible protection period for designs is 25 years.

Creations are protected under the CopA as soon as they are created, irrespective of whether they have been fixed on a physical medium. The duration of copyright protection varies depending on the type of work: The protection of software 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 point of reference 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. The term of protection for an unregistered topography is two years from the date of the first distribution of the topography. In any case, the protection ends 15 years after the development of the topography.

Protection of plant varieties expires at the end of the 25th calendar year following the granting of the title, but at the end of the 30th calendar year for varieties of vines and trees.

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.

Brazil Small Flag Brazil

a) Inventions:

  • invention patents: 20 years from the filing date, no less than 10 years after granting
  • Utility Model Patents: 15 years from the filing date, no less than 7 years after granting
  • Certificates of Addition: follows the duration of the invention patent it is related to

b) Trademarks:

  • Product/service trademarks, certification marks and collective mark: 10 years from the granting date, which can be indefinitely renewed for periods of 10 years as long as the fees are paid in due time and the legal requirements are met.
  • Geographical Indications: the registration will be effective for an indefinite period, the period for the use of the right is the same as the existence of the recognized product or service.

c) Other creations:

  • Copyright: The author’s economic rights shall be protected for a period of 70 years as from the first of January of the year following his death. The term of protection of neighbouring rights shall be 70 years from the first of January of the year following fixation for phonograms, transmission for the broadcasts of broadcasting organizations and public performance in other cases.
  • Software rights: The tutelage of the rights associated to the software is assured for a period of fifty years, counting from January 1 of the year following its publication or, if this is unavailable, its creation.
  • Industrial Designs: 10 years from the filing date, renewable for 3 consecutive periods of 5 years
  • Integrated Circuit Topographies: Protection shall be granted to topographies for 10 years starting from the filing date or from the date of the 1st instance of exploitation, whichever occurred first.
  • Plant Varieties: The protection of the plant variety shall be effective for a period of fifteen years from the date of grant of the Provisional Certificate of Protection, except for vines and fruit, forest and ornamental trees, including in each case the rootstock thereof, for which the term shall be eighteen years.
  • confidential know-how and business information protected for an indefinite amount of time, provided that the information is kept secret. Non-disclosure agreements are desirable to prevent that from happening.

Israel Small Flag Israel

Patents: 20 years from the date of application, extendable by not more than five years and only with respect to pharmaceuticals and medical devices, all subject to payment of renewal fees.

Trademarks: Indefinite, subject to payment of renewal fees.

Copyright: In most cases author’s life plus 70 years; exceptions apply. Concerning copyright in state-created works – 50 years from the work’s creation.

Registered Designs: 25 years from the date of application, subject to payment of renewal fees.

Unregistered Designs: 3 years from the date on which the design owner or anyone acting on his behalf publicly published the design or design product in Israel or abroad.

Trade Secrets: Indefinite (as long as confidentiality is maintained).

Plant Breeders Rights: 25 years from registration date of varieties of vines, fruit trees, forest trees and any other perennial plant; 20 years from registration date for other plants.

Integrated Circuits: 10 years from date layout-design (topography) or integrated circuit the topography is incorporated in were first lawfully sold/distributed; or 15 years from date of creation of topography – whichever is earlier.

Germany Small Flag Germany

(a) Patents

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

The Act on the Protection of Trade Secrets replaces the previously existing provisions on trade and company secrets contained in Sections 17 et seqq. Act against unfair competition. Contrary to the previous provisions, the new Act on the Protection of Trade Secrets does not stipulate a time limit for the protection of trade secrets, but trade secrets remain protected as long as they qualify for trade secrets in the sense of the Act. 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 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 No. 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.

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 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 breeders 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.

In Italy, economic rights in copyright generally are protected for 70 years after the death of the author; a special duration is established for public entities, whose economic rights expire after 20 years, starting from the first publication of the work. Further special terms of duration are provided for specific figures, such as non-artistic photography, sui generis right on databases, producers of audio-visual works and films. The moral rights are perpetual and are not subject to any kind of fixed term of duration.

The exclusive rights of the maker of a database last for fifteen years from the first of January of the year following the date of completion of the database.

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).

Supplementary protection certificates

Protection for pharmaceutical products or plant protection products, provided they are under a valid patent, can benefit from an extended protection period of 7 years after the expiry of the patent or 17 years from the grant of the marketing authorisation (Article L.611-2 and L.611-3 of the IPC).

Utility certificates

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

As mentioned at Section 1 (a) ii, the Bill of law PACTE is expected to extend the protection period from 6 years to 10 years.

Trademarks

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

Collective and certification marks

For collective marks, as long as the producer complies with the rules governing use established by the holder of the collective registered mark (Article L.715-1 IPC).

For certification marks, as long as the product fulfils the qualities, attributes and characteristics of the certification mark as provided by the regulation governing use (Article L.715-2 IPC).

Designations of origin, geographical indications and traditional specialty guarantees

As long as the producer complies with the relevant specifications of the protected location (Article L.641-5 of the Rural and Sea Fishing Code, Article L.721-2 IPC and Article L.641-12 of the Rural and Sea Fishing Code).

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

(including software)

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

Neighbouring 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).

As mentioned above, a press publication is protected for a period of two years starting from the first day of January of the year following the publication of the press publication (Section 1 (c) ii).

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).

Peru Small Flag Peru

  • Patents of invention have a term of 20 years that cannot be renewed from the presentation of their application in the competent national office.
  • Patents of utility models and registers of industrial designs have a term of 10 non-renewable years.
  • Layout designs of integrated circuits will have a duration of 10 years counted from the oldest of the following dates: i) the last day of the year in which the first commercial exploitation of the scheme of drawn anywhere in the world, or ii) the date on which the application for registration was submitted to the competent national office of the respective Member Country. The protection of a registered layout design will expire in any case upon the expiration of a period of 15 years from the last day of the year in which the scheme was created.
  • The certificates of protection have a term of one year, and can be renewed every year in a term of 10 years.
  • In the case of trademarks of products or services, collective, certification, trade names and slogans, appellations of origin and geographical indications, they will have a term of 10 years renewable for equal periods.
  • Regarding copyright, the moral rights are perpetual. As for the economic rights, these last the whole life of the author plus 70 years. After that, they fall into the public domain.

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.

Malta Small Flag Malta

Duration

Trademarks: A Malta registered trademark is valid for a period of ten years and can be renewed indefinitely for periods of ten years at a time.

Unfair competition: The rights granted to prevent passing off through unfair competition do not have a particular set duration at law and the subsistence of the right or otherwise has to be determined on a case by case basis.

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.

Trade Secrets have no expiry as such, as long as the applicable requirements subsist. Under the appropriate conditions trade secrets can be maintained for an unlimited period of time.

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.

India Small Flag India

Patent

20 years, Non extendible

Designs

10 years and extendible for another 5 years

Trademarks

10 years from date of application, renewable every 10 years.

Hallmarks

Renewal of recognition of hallmarking centres and jewellers is based on performance every three years.

Domain Name

1-10 years

Geographical Indications

For a period of ten years, and is renewable every 10 years

Copyrights

Copyright last for 60-year period which is counted from the year following the death of the author

Saudi Arabia Small Flag Saudi Arabia

At the outset it is important to mention that Patents and Trademarks is the most protected and litigated IP rights in Saudi Arabia, therefore most of our answers address these two types of IP rights. We will address other rights where the context of the question requires.

The non-renewable duration of a patent right and design rights is for 20 years and 10 years respectively from filing date.

Plant Variety Protection is for a period of 20 years and Integrated Circuit protection is 10 years from filing date.

Trademark rights are for a period of 10 years from filing date and it can be renewed for further 10 years. As long as the owner files renewal, there is no limit of maintaining trademark protection.

Australia Small Flag Australia

  1. Patents – the type of patent you hold will determine the duration of your protection:
    • Standard patent – lasts for up to 20 years from the filing date of your application (if annual fees are paid).
    • Innovation patent – lasts for up to eight years from the filing date of your application (if annual fees are paid).
    • Pharmaceutical patents – patents directed to a pharmaceutical substance per se, or to a pharmaceutical substance when produced by a process that involves the use of recombinant DNA technology, may qualify for patent term extension of 5 years beyond the 20 years available for standard patents.
    • lasts for up to 25 years from the filing date of your application (if annual fees are paid).
  2. Registered trade marks – indefinite, subject to payment of renewal fees every ten years for registered marks.
  3. Geographical indications – indefinite (in the case of certification trade marks, subject to payment of renewal fees every ten years).
  4. Cause of action in passing off or rights to prevent unfair competition (misleading and deceptive conduct) – indefinite. (Although, each Australian jurisdiction has a limitation statute prescribing the limitation period for tortious claims; and, a claim for misleading or deceptive conduct must be made within six years of the cause of action accruing.)
  5. Copyright – the general rule is that copyright lasts for the life of the author of the work, plus 70 years.

    For subject matter other than works, copyright lasts for:

    • 70 years from the year of first publication of a sound recording or film;
    • 50 years from the year a television or sound broadcast was made; and
    • 25 years from the year of first publication of a published edition of a work.

    Since there is no register of copyright material in Australia, in order to ascertain whether or not something is protected by copyright, it will be necessary to look at factors such as: what year the creator of the copyright material died; legislative amendments; when the work was created; whether different expiry dates apply to separate components of the copyright material (such as cinematograph film); and whether the work is already in the public domain. Once copyright expires, the work is considered to be ‘in the public domain’ and may be used freely by anyone.

  6. Designs – registration protects your design for five years from the filing date of your application and can be renewed for a further five years.
  7. Plant breeder’s rights – protection applies for 20 years for most plant species and 25 years for vines and trees (if annual fees are paid).
  8. Circuit layouts – from the first commercial exploitation, rights continue for 10 years. The first commercial exploitation must occur within 10 years of creation of the layout, or 10 years from when it was made. As such, the maximum possible protection period is 20 years from the year of making an eligible layout.
  9. Confidential information, trade secret, know-how – rights last for as long as the IP remains outside of the public domain. (In other words, as long as the confidential nature of the information is preserved.)

United States Small Flag United States

Right Duration
Utility and plant patents 20 years from the filing date of the earliest non-provisional U.S. or international (PCT) application to which priority is claimed
Design patent ·         Applications filed on or after May 13, 2015: 15 years from issuance

·         Applications filed before May 13, 2015: 14 years from issuance

Trade Secret Perpetual if requirements for trade secrets are met
Trademark Perpetual if used in commerce and maintenance requirements are met
Copyright ·         Works created after January 1, 1978: 70 years after the death of the author

·         Works made for hire: 95 years from the year of its publication or 120 years from the year of its creation, whichever expires first

Mask work 10 years from the date on which a mask work is registered or it is first commercially exploited anywhere in the world, whichever occurs first

Updated: September 12, 2019