What is the length and cost of such procedures?

Intellectual Property (2nd edition)

Japan Small Flag Japan

The average length of a formal lawsuit at the district court level regarding intellectual property rights was 13.3 months in 2016. The filing cost for a civil lawsuit is calculated based on the amount of the claim.

UAE Small Flag UAE

Administrative actions

  • Customs: Registered marks can be recorded with customs in 5 of the 7 Emirates (Abu Dhabi, Dubai, Sharjah, Ras al Khaimah and Ajman). Official recordal fees are AED220 (USD 60) per registration per emirate; official complaint fees are AED 2,020 (USD 550) per complaint per emirate.

    There are no provisions in the law for Customs or border control for patents (national and GCC), designs or utility certificates. Customs will take action if a Court Order is obtained by the rights holder.

  • Department of Economic Development (DED): registered trade mark owners or licensees may file complaint with the Department of Economic Development to request that it inspects the infringer's premises and any other relevant warehouses within its jurisdiction. This would be to seize the infringing goods. The DED can order the cancellation of trade licences or the temporary closure of the business, in addition to the payment of a fine. It is necessary to file complaints with the relevant DED in each emirate, as these are separate jurisdictions for enforcement purposes.

    An administrative action with the DED may be used as a way to gather evidence of the infringement prior to a civil or criminal action.

    On average the DED action will take up to 2 weeks for the raid, but it could then take some months before a final decision and destruction (if ordered).

    Official complaint fees are AED 2,020 (USD 550) per complaint, with additional official fees of AED 2,500 (USD 680) per warehouse and AED 1,000 (USD 272) for the first three stores and AED 310 (USD 85) per each additional store to be raided. Additional fees will apply if the complaint covers more than one emirate, and each emirate will require a separate complaint.

    There are no provisions in the law for DED enforcement action to be taken for patents (national and GCC), designs or utility certificates. In some complaints the DED have considered design rights, where these exist alongside registered trade mark rights.

  • Patent, design, trademark opposition with the Ministry of Economy
    • Duration: 1-2 years for a first level decision from the Ministry for trade marks; at least 2 years for a patent / design opposition
    • Official costs: AED 10,003 (USD 2,720) per trade mark application
    • Official costs: AED 200 (USD 55) for patent, designs and utility certificates
  • Trade mark cancellation before IPO:
    • Duration: around 1 year for a first level decision from the Ministry
    • Official costs: AED 10,003 (USD 2,720) per registration

Criminal action

  • Patent, design, trade mark, copyright and/or neighbouring right infringement action
    • Duration: 9-12 months for a first level decision once matter is transferred from the public prosecutor
    • Minimum costs: from USD 20,000 (less expensive than a civil court action since the burden of proof is placed on prosecution)

Civil court action

  • Patent, design, trade mark, cancellation action in court
    • Duration: Average 9-12 months for a first instance decision (assuming that no expert is appointed)
    • Minimum costs: from USD 30,000 (assuming that no expert is appointed)
  • Patent, design, trade mark, copyright, neighbouring right, infringement action or violation of know-how
    • Duration: between 6 and 12 months for a first level decision (assuming that no expert is appointed)
    • Minimum costs: from USD 30,000 (assuming that no expert is appointed)

Mexico Small Flag Mexico

Inventions and Trademarks

Procedures

Length

Cost

Intellectual Property Office proceedings

 

From 8 to 12 months approximately.

Official fees: $ 150 USD approximately.

Alternative Dispute Resolutions

From 3 to 6 months approximately.

Copyrights

Procedures

Length

Cost

Civil Courts proceedings.

From 12 to 15 months approximately.

No official cost to consider.

Copyrights Office proceedings

Official fees: $ 150 USD approximately.

Intellectual Property Office proceedings

From 8 to 12 months approximately.

Alternative Dispute Resolution

From 3 to 6 months approximately.

India Small Flag India

The estimate time frame of such procedures varies from 3-5 years.

The official cost would be in the region of USD 250-200 (approximately) depending on the quantum of damages sought and court approached.

Updated: June 15, 2018