When may a challenge to these intellectual property rights be made (e.g. during any registration process or at any time during the subsistence of the right)?

Intellectual Property (2nd edition)

Japan Small Flag Japan

See 27.

UAE Small Flag UAE

UAE national patents, utility certificates and designs: can be opposed within 60 days of the publication date. An interested person can file post-grant cancellation actions with the UAE Courts at any time.

GCC patents: can be opposed within 3 months of the publication date.

Trade marks: can be opposed within 30 days of the publication date by any concerned persons. Non-use cancellations can be filed where a registered mark has not been used for an uninterrupted five year period. Cancellation actions on other grounds can be filed at any time, though where the registered mark has been used continuously for at least five years from the date of registration without challenge, no dispute may be raised against the ownership of the mark.

UAE copyright recordals: once a final judgement has been obtained from a court

Mexico Small Flag Mexico

During the subsistence of the right.

India Small Flag India

Patent: Any person can file a pre-grant opposition to the grant of a patent after the publication of the application and before the grant of the patent. A post grant opposition can be filed by any person interested anytime before the expiry of one year from the date of publication of the grant of the patent. A revocation can be filed at any time after the grant of the patent.

Designs: Any interested person can file a cancellation petition at any time after the registration of the designs

Geographical indications: Within three months from the date of advertisement or readvertisement of an application for registration or within such further period, not exceeding one month in the aggregate, as the Registrar allows. In case a Geographical indication is registered then a cancellation action can be filed against the same.

Trademarks: An opposition can be filed within 4 months of publication of a trademark application in the journal. In case a mark is registered then a cancellation action can be filed against the same.

Further, a civil or criminal action can be taken at any time (before or after registration) under the writ jurisdiction of the High Court, subject to the rules of writ jurisprudence.

Updated: June 15, 2018