Who can apply for registration of these intellectual property rights and, briefly, what is the procedure for registration?

Intellectual Property (3rd edition)

Malaysia Small Flag Malaysia

Patents & Utility Innovation:

Any person either alone or jointly with another person.

Procedure: File application - Date of Filing Issued - Preliminary Examination - Acceptance + Application laid open for public examination - Request for substantive or modified substantive examination - Substantive examination - Certificate of grant issued - Gazetted.

Trade Marks:

The proprietor of the trade mark which has been used or proposed to be used by him.

Procedure: File application - Date of Filing Issued - Formality checking to see compliance with statutory requirement (plus amendments if there are non-compliance) - Search for prior marks & examination on the registrability - Gazetted for opposition upon acceptance - Certificate of registration issued upon no opposition

Geographical Indication:

A person who is carrying on an activity as a producer in the geographical area specified in the application with respect to the goods specified in the application.

Procedure: File application - Formality examination to see compliance with statutory requirement - Amendment in the event of non-compliance - Advertised for opposition - Registration

Industrial Design:
The original owner of an industrial design.

Procedure: File application - Formality examination to see if definition and requirements are fulfilled - Amend & file submission if requirements not fulfilled - Novelty search - Certificate of registration issued - Gazetted

Norway Small Flag Norway

The inventor or an otherwise rightful owner of the invention can apply for a patent. The designer or an otherwise rightful owner of the design can apply for registration of a design. Anyone can apply for registration of a trademark. Anyone in business can apply for registration of a business name.

The applications, including the appli¬cation forms, are filed in writing before NIPO. The patent application needs to include a detailed description of the invention and patent claims. The design application needs to include the relevant product or products and pictures clearly displaying the design. The trademark application needs to include a representation of the brand and a list of the goods or services the brand is applied to be registered for. After payment of the application fee, NIPO controls whether the formal requirements are met. If they are not, the applicant will receive a notification with a short deadline for rectifying any formal discrepancies.

The applicant of a design registration may, after payment of a fee, request NIPO to conduct a supplemental examination of the design application, including novelty and inventive step. NIPO shall inform the applicant of its results, without deciding whether the conditions for a design right are met.

As for inventions and brands, NIPO conducts a more substantive assessment, including patentability and distinctiveness, respectively. The applicant will be given the opportunity to rectify any deficiencies identified by NIPO within a set deadline. Often NIPO continues to assess the application based on the applicant’s response. If the applicant does not respond within the dead¬line, the application may be denied. However, if the applicant does respond and complies with NIPO’s request within four months after the deadline, the application may be reopened by paying a fee.

Once all deficiencies are rectified and NIPO considers the requirements for registration to be present, the application may be granted upon the applicant’s payment of the granting fee. The grant of a patent, a design or a trademark is published in the Norwegian Patent, Design and Trademark Gazette, respectively. The patent, design or trademark is also included in the relevant registry.

The application for a business name is filed as a notice of registration before the Register of Business Enterprises.

Singapore Small Flag Singapore

Generally, the owner of those rights or its successor in title can apply for registration.

Registration procedure for trade marks, GIs and plant varieties follows the basic formula of the filing of an application, the examination of that application by the Registry, and upon acceptance, publication for third parties to raise objections or oppositions. Registration will be granted where no objections or oppositions are sustained.

For patents, applications can be made directly to the Intellectual Property Office of Singapore (IPOS), or through the Patent Cooperation Treaty (PCT) National Phase Entry route.

  • In the former, domestic route, an application is filed with IPOS, undergoes a formalities examination before publication, and a substantive examination thereafter.
  • In the latter route, a PCT application is filed at the International Bureau of WIPO or IPOS and examined by an International Searching Authority before it is published. The applicant then has to request for entry into National Phase in Singapore, where it will undergo substantive examination.

For both routes, once all issues raised in substantive examination have been resolved, a certificate of grant must be requested to obtain registration.

For industrial design applications, registration is granted after a formalities examination only. Thereafter, the design is published and third parties have the opportunity to contest the registration.

Mexico Small Flag Mexico

Inventions

IP right

Who can apply for registration?

What is the procedure for registration?

Patents

Inventor(s) or assignee(s)

Filing of the application; formal examination; publication of the application; substantive examination; granting or rejection; final publication.

 

Utility models

Industrial designs

Integrated circuits

 

Brands

IP right

Who can apply for registration?

What is the procedure for registration?

Trademarks

Any person or company

Filing of the application; publication for opposition; opposition (if any); publication of opposition (only if an opposition was filed); response to the opposition (if any); formal examination; substantive examination; granting or rejection; publication (if granted).

Trade names

Slogans

Trade Dress

Appellations of Origin

(i) The Mexican Patent and Trademark Office; (ii) any company or people associated with the extraction, production and manufacture of the product intended to be protected; (iii) the national chambers or associations of manufacturers related with the subject product; (iv) the Mexican Federal Government and associated entities.

      I.        Application.

     II.        Review by the Mexican Patent and Trademark Office.

    III.        Publication in the Federal Official Gazette for opposition purposes.

   IV.        Opposition deadline: Two months as from the publication date.

    V.        Final decision.

   VI.        Publication in the Federal Official Gazette, if granted.

 

Copyright and other rights

IP right

Who can apply for registration?

What is the procedure for registration?

Copyright registration

Author or Assignee

Filing of application; formal and substantive examination; granting or rejection.

Reservation of rights

Any person or company

Filing of application; formal and substantive examination; granting or rejection.

Plant varieties

Plant breeder or assignee(s)

Application’s filing; formal and in-depth examination, granting or rejection.

 

China Small Flag China

Patent, trademark, semiconductor topography and plant varieties: Any individual, legal entity or other organisation. The registrations of patent in China can follow either Paris conventional route or PCT route (not for design). But for semiconductor topography and plant varieties, there is only one route: directly filing the application with the competent authority in China.

The registrations of trademark in China can follow either domestic filing route or international filing route.

Copyright: Copyright owner or its successor. Direct filing route.

Ecuador Small Flag Ecuador

The registration of the intellectual property rights can be requested by the right holder with the signature of a lawyer or by the judicial attorney or attorney-in-fact of the owner.

In the case of designation of origin or country brand, the request for registration is made by the interested party.

The registration process is the following:

  1. Fee payment
  2. Request before the competent authority (SENADI- National Secretariat of Intellectual Rights)
  3. Formal examination: Analysis of the documentation presented in the application according to the legal requirements (15 days)
  4. Publication of the application in the official document
  5. Submission of oppositions by third parties within 30 days (brands and designs) 60 days (patents) extendable from publication
  6. If opposition is presented, the applicant will be notified in 30 days (marks and designs) 60 days (patents) in order to assert their arguments and present evidence
  7. In the case of patents, within 60 days of the publication, an examination of the invention will be requested. If the national office finds that it is not patentable, it will notify the applicant in order to present the necessary modifications. The patentability examination may be carried out two or more times at the request of the interested party.
  8. In case of trademarks we have one exam of registration, it could defile around 6 months.
  9. Once of this term has expired or the opposition is not presented, the background or registrability examination will be developed.
  10. Resolution
  11. Legal Resources
  12. Final Resolution
  13. Title of the requested right

South Africa Small Flag South Africa

Patents:

Registered Designs:

Trade Marks

Plant Breeders Rights

Cyprus Small Flag Cyprus

Any natural or legal person may apply for a Cyprus patent and for a Cyprus trade mark.

The patent application (Π9) may be filed by the inventor or an appointed lawyer who is a member of the Cyprus Bar Association. The application is made using a prescribed form that is filed at the Office of the Registrar of Companies (the ‘Registrar’) and contains the following parts: a request for the grant of a patent, a description of the invention, the claims, designs and a summary of the invention. The inventor(s) must be mentioned in the application and the application fee must be paid. The patent text must be filed in both Greek and English, as the Registrar uses the services of the EPO for the purposes of carrying out a search over prior art and examination of the inventive step.

The Registrar examines the application from a formalities’ perspective. In case anything is amiss, the applicant is duly notified and is provided with a timeframe during which any deficiency must be rectified. In the event that the deficiencies are not rectified, the application is considered abandoned. Upon receiving a filing date, the application is transmitted to the European Patent Office for examination, which issues a search report. The Registrar then takes a decision on the merits pursuant to the search report results. The applicant should then pay the grant fee as well as the publication fee within 3 months from notification of the decision.

As regards supplementary certificates for pharmaceutical products, these may be applied for via applications (Π19) filed within 6 months from the date that a marketing authorization is issued vis-à-vis the pharmaceutical product in question.

A trade mark application may be filed by an advocate who is a member of the Cyprus Bar Association, using a specific form. The application may be filed manually or electronically; if filed manually, an authorization (ΕΣ 1) must be filed in addition (for the appointment of the trade mark representative). The application contains a graphical representation of the mark, details of the goods/ services claimed (Cyprus currently has a single- class system) as well as of the applicant. The application is examined on the basis of absolute and relative grounds by the Registrar and provided no issues arise, the application is published in the Official Gazette of the Republic, which is the kick-off date of the period during which oppositions may be filed (a two-month period).

A design application may be filed by the creator thereof, provided they are either a natural or a legal person. In the case of a natural person, s/he must be a citizen of the Republic of Cyprus or of a member state of the EU or who have their usual residence in Cyprus or in a member sate of the EU. In the case of legal persons, they should have their real industrial or commercial establishment in Cyprus or in a member state of the EU. Applications are filed with the Registrar (either by the applicant or by a duly authorised lawyer).

The application for the registration of a domain name does not provide any rights vis-à-vis the domain name or any trademark. The application must be filed using a specified form and accompanied by the necessary certificates proving that the person acting either as the applicant or his/ her authorised representative duly has the said capacity. Accordingly, an I.D. card or a passport must be filed, or a certificate of incorporation (whichever applies).

Japan Small Flag Japan

Who can apply? - For rights other than trademarks, please see the answer to #3. For trademarks, there are no limitations.

Procedures - To apply for a patent, a person is required to file a patent application with the Japan Patent Office. After a request for examination is made, the examiner starts examination. If the application lacks any of the requirements, the examiner issues a decision refusing the patent application. Otherwise, the examiner issues a decision granting a patent. The patent is registered after the payment of the annual patent fees subject to some exceptions.

To apply for a utility model, a person is required to file a utility model application. A utility model application is not examined. Unless a utility model application lacks the required formalities, the utility model is registered.

To apply for the registration of a design, a person is required to file a design application. If the application lacks any of the requirements, the examiner issues a decision refusing the design application. Otherwise, the examiner issues a decision granting a design registration. The design is registered after the payment of the annual registration fees. The same applies to the registration of a trademark.

Switzerland Small Flag Switzerland

Except in cases described below, any natural or legal person can apply for registration of these intellectual rights: first owner, successor in title or a third person whose right is based on other legal grounds, e.g. assignment of rights.

In order to register a patent, the applicant must file a patent application to the IPI including a patent claim defining the invention, technical drawings, an abstract and the technical documents. The IPI first examines whether the formal requirements have been met. In case there are any deficiencies, the applicant will be granted a deadline to correct them in order for the procedure to continue. Otherwise, the application will be rejected. The patent application is published 18 months after the application or where appropriate after the priority date. Around three years after the application (or earlier in case of an accelerated examination procedure), the IPI will conduct a substantive examination, during which patent experts examine the technical content of the application and notify the owner of any potential deficiencies. The IPI does not examine novelty and inventive step of the invention. If there are no deficiencies or if they have been rectified within a given deadline, the patent will be granted. Supplementary protection certificates can only be filed for a patented and authorised product. The application must be filed within 6 months of either the first authorisation to place the product on the market in Switzerland as a medicinal product, or of the grant of the patent if this was granted later than the first authorisation.

For trademarks and designs, the applicant must file an application to the IPI containing information such as the reproduction and/or description of the sign, the designated goods and/or services, the name of the owner, etc. Collective marks may only be registered by an association of manufacturing, trading or service undertakings. Upon payment by the applicant of the registration fee, the IPI examines the formal requirements and - for trademarks - the potential absolute grounds for refusal. If the IPI considers that the requirements are fulfilled, the trademark/design is registered. If there are deficiencies in the application, it will issue an objection and grant the applicant an extendable term to answer to the objection. If the applicant is not able to overcome the objection, the IPI will (partly) reject the application.

PGI/POA can only be registered by a representative group of producers. The application is filed with the IPI for non-agricultural products, and with the Federal Office for Agriculture for agricultural products, and must include amongst others a product specification defining the product and its method of production.

The registration of topographies only requires the applicant to submit an application form containing the necessary details along with documentation identifying the topography, and pay the registration fee. The examination itself is a mere formality.

United Kingdom Small Flag United Kingdom

Who may apply?

  • The first owner in the relevant invention or design, or their successor in title, can apply to register a patent or design.
  • The proprietor(s) of a patent can apply for an SPC (it is not required that the marketing authorisation also be in the patent proprietor's name).
  • For registered trade marks, the applicant should be the individual or legal entity seeking registration of the mark.

  • For plant variety rights, the person entitled to the grant of plant breeders’ rights in respect of a variety is the person who breeds it, or discovers and develops it, or his successor in title.

In each case, the application may be filed by an appropriately qualified representative. It is possible for an applicant for a trade mark to file their own trade mark application, without the involvement of an IP professional. However, it is usually advisable to use an IP professional to undertake searches and give advice as to whether the mark is likely to be registrable, and to liaise with the examiner to address any objections or concerns that are raised.

Where is the application filed?

For a UK patent, an SPC covering the UK, a UK registered trade mark, or a UK registered design, the application may filed with the UK Intellectual Property Office (UKIPO). Alternatively, a UK patent or a UK registered trade mark may be sought pursuant to the relevant international system, by filing an application at the World Intellectual Property Office (WIPO) or with a competent national or regional office.

For a European patent designating the UK (effectively this is a UK patent, which was originally filed as a European application), an application is made to the European Patent Office. Alternatively, as mentioned above, a European patent designating the UK may be sought pursuant to the international system (governed by the Patent Cooperation Treaty) by filing an application at WIPO or with a competent national or regional office.

For an EU registered trade mark or EU (Community) registered design, the application is filed at the EU Intellectual Property Office (EUIPO). An EU registered trade mark may also be sought by filing an application at WIPO pursuant to the Madrid International Trademark System or the Hague International Design system.

For a UK plant variety right, the application is made to the UK Plant Variety Rights Office. For a Community Plant Variety Right, the application is made to the Community Plant Variety Office.

Details of the procedures for registration differ between the rights, with applications for a patent generally given the most substantive scrutiny.

Brazil Small Flag Brazil

A patent may be applied for the author’s own name, by the heirs or successors of the author, by the assign or by whomever the law or the employment or services contract states to be the owner. The same is valid for Industrial Designs.

As for trademarks, Natural or legal persons under public or private law may apply for the registration of a mark. Persons under private law may only apply for registration of a mark that relates to the activity in with they actually and lawfully are engaged, either directly or through companies they directly or indirectly control, declaring that condition on the application itself, under the penalties of law. Registration of a collective mark may be applied for by a legal person that represents the collectivity, which may engage in an activity other than that pursued by its members. Registration of a certification mark may only be applied for by a person who has no direct commercial or industrial interest in the product or service being certified.

Regarding Geographical Indications, if only one producer or provider is legitimized to use the geographical name, this person shall be authorized to apply for the Geographical Indication in its own name. If that is not the case, associations, institutes, legal persons that represent the collectivity legitimized to use exclusively a registered Geographical Indication, as substitutes.

Regarding Integrated Circuit Topography, natural and legal persons, public of private, may request apply for their registration.
As for cultivars, protection may be applied for by a natural or legal person who has bred a plant variety, by his heirs or successors or by assignees, if any, subject to submission of the proper authority.

Procedure for registration

Concerning trademarks, patents and Certificates of Addition and industrial designs, the filing of application is made before the Brazilian Office by filling a paper or an online form and paying the respective official fees.

Geographical Indications and Integrated Circuit Topographies are registered before the Brazilian Office by filing a paper application and sending it to the BPTO via postal, whereas if the applicant of a software decides to register it before the BPTO, the application is exclusively online.

Plant varieties are registered before the SNPC.

It is important to note that the BPTO will conduct substantial examination of all those IP rights, except for industrial design applications. Both titleholders or third-parties may request originality and novelty analysis of Industrial Design Applications after it is granted. Integrated Circuit Topography applications are also examined only in its formal aspects.

Israel Small Flag Israel

Patents: The inventor or the owner of the invention may apply for registration by filing a patent application and paying the subsequent fees. The application is examined. Any person can lodge a pre-grant opposition within three months from publication of the acceptance of the application.

Trademarks: Any legal entity may register a trademark in Israel, including individuals. The application is examined within 12-15 months from filing date. A response to an office action must be filed within three months, which may be extended up to eight months (subject to the payments of fees), provided that the examination of the application must be finalized within two years from the first Office Action. Any person can lodge a pre-grant opposition within three months from publication of the acceptance. If an opposition is lodged, the trademark will be granted only if the opposition is dismissed.

Designs: A design owner may apply for design registration by filing a design application and paying the subsequent fees. The application will be examined, and a first examination report will be issued within 6-9 months. A response to an examination report must be filed within three months, and the examination of the application must be finalized within 12 months from the first substantive examination report. Extensions are available, subject to the payments of fees.

Germany Small Flag Germany

All of these intellectual property rights, except for plant variety rights, are to be applied for at the German Patents and Trademarks Office. The plant variety rights must be applied for at the German Federal Plant Variety Office.

(a) Patents, utility models, semiconductor topography rights

The German Patents and Trademarks Office does not examine whether the applicant holds the material (monetary) rights to the invention and therefore generally anyone who can provide the necessary information and documents can apply for a patent, utility model or semiconductor topography right.

In order to avoid the substantive examination of the patent/utility model application being delayed due to the need to establish the identity of the inventor, the applicant shall be deemed, in the proceedings before the German Patents and Trademarks Office, to be entitled to request the grant of the patent, Section 7 Patent Act, Section 13(3) Utility Model Act.

(b) Trademarks and registered designs

In general it is the same for trade marks and designs. However, collective trademarks can only be applied for by incorporated associations.

(c) Plant variety rights

The German Federal Plant Variety Office also does not examine whether the applicant is entitled to apply for the plant variety.

(d) Procedure for registration

By filing the application documents and paying the application fee the applicant secures the date relevant for the priority of the application. The German Patents and Trademarks Office / the German Federal Plant Variety Office then examine the application to a different extent depending on the respective IP right. If the application complies with the legal requirements and if there is no obstacle to registration, the German Patents and Trademarks Office / the German Federal Plant Variety Office enter the IP right in the respective register. The registration is published in the respective journal. The owner receives a certificate of registration.

Italy Small Flag Italy

Individuals or legal entities can register intellectual property rights. All applications and requests, with the exception of what is provided for by international conventions and agreements, are to be filed at the Italian Patent and Trademark Office ("IPTO"), the Chambers of Commerce, Industry and Crafts, and at the other relevant public offices or entities.

Once filed, the IPTO carries out its examination and checks the (i) formal and (ii) substantial requirements of the application (such as the distinctive character for the trademark).

For plant varieties the examination of the requirements of validity as well as the compliance with the provisions laid down in the IPC is carried out by the Ministry of Agricultural and Forestry Policies.

The IPTO, for the purpose of evaluating the patentability of biotechnological inventions, may request an opinion from the National Committee for Biosafety and Biotechnologies.

Copyright protection arises automatically with the creation of the work and the author does not need to comply with any kind of formal requirement or registration to access copyright protection. In Italy there is a public register for copyrighted works, which is physically kept by the Ministry of Culture (Ministero per i Beni e le Attività Culturali) and is annotated and managed by the Italian Society for Authors and Editors (SIAE), the Italian collecting society. Although the copyright will exist automatically with the creation of the work and without any formality for the author, including the record in SIAE register, this optional record gives evidence of the existence and publication of the work itself and the person mentioned in the register is presumed to be the author.

Deposit shall be optional for computer programs and subject to payment of a fee. Photographs shall not be subject to the requirement of deposit.

France Small Flag France

Intellectual property rights can be filed by any natural person or a legal person such as a civil or commercial company, with or without a representative.

i. Patents (including supplementary protection certificates and utility certificates), trademarks, collective marks, certification marks, semiconductors and design
Regarding national trademarks (Article L.712-14 of the IPC), collective marks (Article L.715-2 of the IPC), patents (Article L.612-23 of the IPC), semiconductors (Article L.622-4 of the IPC) and designs (Article L.512-1 of the IPC), the application for registration is made before the French Office by filling a paper or an online form.

For certification marks (Article L. 715-2 of the IPC), only a legal person that is neither the manufacturer, nor the importer nor the seller of the products can apply for registration to ensure that it can exercise an objective and impartial control over the use of the mark.
If the protection is also required outside France, the applicant may file an application:

• before the Word Intellectual Property Organization (WIPO) to obtain registered rights on an international basis;

• before the EUIPO or the European Patent Office, to obtain registered rights throughout Europe.

ii. Designations of origin, geographical indications and traditional specialty guarantees

For designations of origin (Article L.641-6 of the Rural and Sea Fishing Code) or traditional specialty guarantees (Article R.641-12 of the Rural and Sea Fishing Code), the defense organization must file an application form with the National Institute of Origin and Quality (Institut de National de l’Origine et de la Qualité “INAO”).

For geographical indications, the defense organization must file an application form with the INPI (Article L.721-3 of the IPC),

iii. Plant varieties

For plant varieties certificates (Article L.412-1 of the IPC), the applicant must file an application form with the French institution for plant varieties certifications (Instance Nationale des Obtentions Végétales “INOV”).

India Small Flag India

PATENTS:

As per Indian patent law, the following persons are entitled to apply for patent:
(a) Any person claiming to be the true and first inventor of the invention;
(b) Any person claiming to be the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application
(c) The legal representative of any deceased person who immediately before his death was entitled to make such an application

  • Filing:
    The Applicant may file a provisional application followed by a complete specification, filed within a period of one year from the date of filing of the provisional application; or the Applicant may file the application with the complete specification before the Indian Patent Office along with other relevant documents and prescribed fee. In case of Convention or National phase applications, only complete specification is filed along with other relevant documents and prescribed fee
  • Publication: An application is automatically published after expiry of 18 months from the filing date.
  • Examination: Examination of an application only commences once a formal request for the same is filed. The Applicant is given a time period of 48 months from the priority date to request for examination, which is a non-extendible deadline. Once the request for examination is filed, the application is examined by the Patent Office and thereafter an examination report is issued. The Applicant is required to meet all the objections raised in the report within 6 months from the date of issuance of the report (extendable upto three months). The Patent Office then examines the response and issues a hearing notice if any objections remain outstanding or else grant the patent in favor of the Applicant.
  • Hearing: If a hearing is issued, an applicant is required to appear before the Controller on the said date or he can seek an adjournment in the matter 3 days before the date of hearing. Maximum two adjournments can be sought in a matter and one adjournment extends the hearing date by 30 days. At the hearing, various objections raised in the hearing notice are addressed and a time of 15 days is given to file a reply to hearing notice.
  • Grant: Once a reply is filed to the hearing notice, the application proceeds for grant or is refused as per the discretion of the Controller.

TRADE MARKS: Any person claiming to be the proprietor of the trademark can apply for registration, on the basis of prior use, or on a proposed to be used basis.

Registration Procedure:

  • Search: It is suggested to conduct a search in order to avoid future objections. Not a mandatory procedure.
  • Application: An application is made to the registry on Form TM-A.
  • Examination: Within a month or so, of filing an application for registration of trade mark, an examination report may or may not be issued by the Trade Marks Registry pointing out the objections raised to the registration of trade mark. A reply to these objections need to filed within 1 month from the receipt of the examination report.
  • Publication: After considering the application if the Registrar is satisfied that the trade mark can be registered, he publishes the trade mark in the Journal. Alternatively, if a hearing is fixed in the matter and if the mark is allowed at the hearing, it is published in the Journal.
  • Registration: The trade mark proceeds for registration if no opposition is filed within 4 months from the date when journal was made available to public.

COPYRIGHT:

An application for registration can be filed by the author, or rights owner or assignee or legal heir. An author as defined by the Indian Copyright Act means:

  1. in relation to a literary or dramatic work, the author of the work;
  2. in relation to a musical work, the composer;
  3. in relation to an artistic work other that a photograph, the artist;
  4. in relation to a photograph, the person taking the photograph;
  5. in relation to a cinematograph or sound recording, the producer; and,
  6. in relation to any literary, dramatic, musical or artistic work which is computer generated, the person who causes the work to be created.

Registration Procedure:

  • The application with complete details and copies of the work is to be filed.
  • The application is examined and objections, if any, are raised, or any extra documents required are requested.
  • A response has to be filed within 30 days; if the response is not filed within the stipulated time, the application is deemed to be abandoned.
  • Then the application is re-examined by the Registry; where it is either accepted or rejected.
  • Thereafter, on acceptance, a certificate is issued by the copyright office after the objections, if any, are removed to the satisfaction of the Copyright Registry.

DESIGNS:

Filing:
An Application with different views of an article such as FRONT, BACK, TOP, BOTTOM, LEFT, RIGHT and PERSPECTIVE is filed at the Designs registry along with an appropriate class.
Multiple embodiments of a design or multiple designs in a single application are not allowed. Separate applications for each distinct embodiment or design should be filed simultaneously or, in any event, before expiry of the priority deadline. Figures can be submitted in the form of line drawings, computer graphics or photographs, and should contain no descriptive matter, reference numerals/letters or trademarks. Dotted or discrete lines or any shading in the line drawings are usually not allowed.

  • Examination:
    The examination process is substantive. Within 1-2 months of filing an application for registration of design, an examination report is issued by the Designs Registry pointing out the objections raised to the registration of Design. A design application must be placed in order for acceptance within six months of the filing date, by filing a formal response to the objections raised in the First Examination Report. The response may be accepted or rejected by the controller. If it is rejected, an opportunity of hearing is provided to the applicant. Thus, if the applicant is unable to reply to the examination report within this period, it can file a formal request for an extension (of up to three months) at the Designs Office, along with the prescribed official fees.
  • Registration & Publication: Once the objections are complied with, the design application is accepted, and the controller issues a certificate of registration and the same is published in the Patent Office Journal.

GEOGRAPHICAL INDICATIONS (GI):

Registration Procedure:

  • The application for registration of GI should contain a statement as to how the GI serves to designate the goods as originating from the concerned territory, in respect of specific quality, reputation or other characteristics of which are due exclusively or essentially to the geographical environment, with its inherent natural and human factors, and the production, processing or preparation of which takes place in such territory, region or locality. It should also include the class of goods to which the geographical indication shall apply, the geographical map of the territory in which the goods originate or are being manufactured, the particulars regarding the appearance of the geographical indication (as to whether it is comprised of words or figurative elements or both) and any statement containing particulars of the producers of the concerned goods.
  • After the application has been filed, the examiner reviews the application and the accompanying statement of case. Thereafter, the Registrar issues an examination report. Depending on the merits of the application and of any evidence of use, the Registrar may accept or reject the application either absolutely or subject to certain modifications. The Applicant is required to respond to the rejection or objections within two months of the receipt of the examination report failing which the application will be dismissed. After the acceptance of the application by the Registrar, either absolutely or subject to certain conditions and with or without a hearing being conducted, the application will be published.
  • Any person may, within three months of the publication of the application to register a geographical indication, file an opposition.
  • The Registrar of Geographical Indications may register the geographical indication after the application has been accepted and not opposed or if opposed the opposition has been decided in favor of the Applicant. Thereafter the Registrar will issue the Registration Certificate in the prescribed format.

Greece Small Flag Greece

Any natural person or legal entity may file for registration of the IP rights in section A. Such person will be the creator, assignee or beneficiary of the right. The registration procedure varies depending on the type of right.

  • Patents: There is no substantive examination of patent applications in Greece. Applications are examined as to formalities and any deficiencies must be remedied within 4 months from the application. The Examiner then carries out a search and issues, at the applicant's choice, either a Simple Search Report or a Search Report with Examiner's detailed opinion. The applicant has the right to submit comments within a 3-month term. The Examiner then issues a Final Search Report. The patent is granted upon payment of the grant fee and irrespective of the contents of the search report. The patent, together with the Search Report is published 18 months as from the application, or earlier, if the grant fee is paid before the expiry of the 18-month period.
  • Utility models: Applications are examined only as to formalities and, in case of deficiencies, these must be remedied within 4 months from the application. After such time, the utility model is granted.
  • Semi-conductor topographies: The application undergoes a formalities check and, in case of deficiencies, these must be remedied within 4 months as from the application. After such time, the certificate is granted.
  • Registered designs: Applications are examined as to formalities and, in case of deficiencies, these must be remedied within 4 months as from the application. After such time, the registered design is granted.
  • Plant varieties: It is provided that the plant variety certificate is granted by the Minister of Agriculture (now of Rural Development), following a review and assent of an expert committee. However, as already noted, in the absence of the implementing Decree prescribed by the Greek plant varieties law, no national plant varieties grants are available
  • Trademarks: An Examiner checks the application with respect to both absolute and relative grounds of refusal. The system of ex officio examination on both absolute and relative grounds is expected to be maintained by the new draft law, pending before Parliament, which will implement Directive (EU) 2015/2436. If there are no grounds for refusal, the application is accepted. The decision accepting the application is advertised on the website of the Greek Trademark Office's web site. The term for filing opposition is three months from the date of said publication. If no opposition is filed, the trade mark proceeds to registration.
  • Copyright: Under Greek law, no registration procedure for copyright exists.

Peru Small Flag Peru

Either natural or legal persons may be liable for industrial property rights. In terms of copyright, only natural persons may be those who create intellectual works.

Regarding the procedure, in the case of industrial property, it will be necessary to submit an application to the competent authority, in this case it would be the INDECOPI, who will review the application by registering or patenting or denying it, depending on the right, and it will be the same entity who issues a certificate stating who is the owner of the required right.

Regarding the terms of duration and stages for the procedure of the application, we have the following for trademark registration in our country:

  • Examination of form: The application is presented before INDECOPI and the documents are checked that they meet all requirements.
  • Publication: If there are no formal observations, the Peruvian Trademark Office will publish a summary of the application in the Electronic Gazette in an approximate of 10 business days.
  • Opposition: Once the application is published, third parties are given a period of 30 working days to appeal by filing an opposition. The deadline for the applicant to respond to the mentioned opposition is also 30 working days, counted from the next day that they are notified with the notice of opposition.
  • Resolution: In case there is no opposition, the office will proceed to perform the registration exam and issue a resolution, either granting or denying the registration of the trademark. Likewise, if oppositions have been filed, the office will express its position regarding them; as well as, on the granting or refusal of the trademark registration in the same resolution.

Malta Small Flag Malta

Any person (individual or legal person) can apply for the registration of the IPRs mentioned in question 4 above. The procedure for registration will always involve the filling of an application which must be in line with the basic legal requirements and accompanied with the payment of the prescribed fee. Trademark and design right applications must include the relevant classifications for the goods and services covered. Since Malta is a member of the Paris Convention, priority filings may be made or claimed in Malta – until date of writing, there are no additional costs related to the claiming of priority when filing applications.

With regard to trademarks, the IPRD has now moved away from an examination based on relative grounds and only conducts an examination on absolute grounds. A period reserved for oppositions to registration has also been introduced which has to be exhausted before the registration of a trademark is completed.

In the case of patent applications, the IPRD does not carry out a substantial examination of the application.

Applications for registration of an IPR may be filed in paper format or online, with more and more applications being filed online. Different application fees, depending on the relevant IPR being filed, are due accordingly.

Saudi Arabia Small Flag Saudi Arabia

Subject to conditions of ownership as discussed above, any natural of legal person can apply for registration of intellectual property rights in Saudi Arabia.

Application for protection shall be filed with respective IP office alongwith all required documents mentioned in the laws. Saudi Patent Office is administrative office of Patent rights and Saudi Trademark Office administers the Trademark rights.

The Patent Application shall be accompanied by specifications, drawings, claims and description of patent and details of owners. Assignment document is always required in case applicant is not the inventor. A trademark application shall include goods or services, specification of class, representation of trademarks and details of owner. Power of Attorney legalized upto Saudi Consulate is also required.

Australia Small Flag Australia

  1. Patents –
  2. a. Who can apply – a patent can be owned by the inventor(s); the person who has legally obtained rights to the invention from the inventor(s) or an intermediary; or, a company, organisation, or other employer of someone who made the invention in the course of their normal duties. A firm or partnership is unable to obtain a patent. The partners in the firm or partnership can, however, obtain a patent jointly in their own names.

    b. Procedure for registration – consider filing a provisional application to get the earliest possible priority date. You must then file a complete application within 12 months:

    i. Standard patent – submit application, publication of application, examination of application, acceptance, publication, patent granted.

    ii. Innovation patent – submit application, application checked to satisfy formalities, granted and published, examination (if requested), certification subject to opposition.

  3. Trade marks –
  4. a. Who can apply – only the owner of the trade mark can apply for registration. To be eligible the owner must be an individual, a company, an incorporated association, or more than one of these (in the case of multiple owners). A trade mark can also be owned by an unincorporated association (for a collective trade mark only) or a body existing under legislation (for example a registered charity).

    b. Procedure for registration – applications for trade marks are examined by the Trade Marks Office for compliance with trade mark requirements. If the application is accepted it is published for opposition purposes. Interested parties have two months to file an opposition, otherwise the trade mark is registered.

  5. Geographical indications – Australia has two systems for GI registration: (i) GIs for all goods can be registered using the certification trade mark (CTM) system; (ii) GIs for wine can also be registered under a separate system administered by Wine Australia.
  6. a. Who can apply – the CTM system is provided under the Trade Marks Act 1995 (the applicant must be the owner). Applications for the designated of protected wine GIs under the Wine Australia Act 2013 must be made by an individual winemaker or winegrape grower or an association or declared organisation representing growers and/or winemakers.

    b. Procedure for registration –

    i. Applications for CTMs including GIs are examined by the Trade Marks Office for compliance with trade mark requirements; the Australian Competition and Consumer Commission (ACCC) then examines and assesses the certification rules submitted with the application to determine whether attributes required to become an approved certifier are sufficient; if approved, the ACCC initial assessment is published for comments; the ACCC then will make a final assessment on the application; if favourable, ACCC will issue a certificate and IP Australia advertises the CTM application as accepted with a certified copy of the rules; opposition period; and registration.

    ii. Applications for the designation of protected wine GIs on the Wine Register are considered by the Geographical Indication Committee (GIC). Although, an application cannot be considered by the GIC until interested parties have had the opportunity to object. When assessing an application the GIC must consider the relevant statutory criteria and consult with any declared wine growers’ or winemakers organisations. The GIC will then make an interim determination which is published in the Commonwealth Gazette and the prospective region’s local newspaper. Comments are considered by the GIC prior to making a final determination. Upon publication of the final determination, persons aggrieved have 28 days to apply to the Administrative Appeals Tribunal (AAT) for review of the determination. If no applications are made, the final determination could be entered into the Register.

  7. Designs –
  8. a. Who can apply – to be entitled as the owner of a design you can be the person who conceived the design (e.g. the designer); the employer of the designer, if the designer made the design while working for you; the person who contracted the designer to make the design; the person to whom the designer has assigned the design in writing. Where two or people own interests in a design they must apply jointly.

    b. Procedure for registration – file design application; request registration of design; application formalities check; once the formalities check is successful and/or any issues are resolved your design is registered; once a design has been registered it can be examined; and, if the examination results in certification your design right is legally enforceable.

  9. Plant breeder’s rights –

a. Who can apply – the original breeder of a new variety (if the breeder is an employee of an organisation their employer can submit an application), or a person or organisation that has acquired ownership rights from the original breeder. The applicant must be an Australian resident, or an Australian agent representing an overseas breeder or owner.

Procedure for registration – within 12 months from the first day that you sold or advertised your new plant variety, file application part 1 to acquire provisional protection of new plant variety; formalities check of application part 1; acceptance of application part 1; (in most cases) conduct a growing trial before filing application part 2; field examination of growing trial; file application part 2 to acquire full and ongoing PBR protection of new plant variety; publication of plant description in Plant Varieties Journal; six month opposition period; acceptance of application; certificate of PBR granted.

United States Small Flag United States

  • Patents

The inventor or anyone to whom the invention has been assigned or is under an obligation to assign the invention can file a patent application with the USPTO. Officers and employees of the USPTO are prohibited from applying or acquiring a patent.

An applicant can file a patent application with the USPTO directly or indirectly through a registered patent agent or patent attorney. For a utility patent, the applicant may file a provisional application to obtain a priority date to the invention but must subsequently file a non-provisional application within a year of the provisional filing date. If the non-provisional application meets the patentability requirements, the USPTO will issue a patent. If the application fails to meet certain requirements, a patent examiner will issue an office action identifying deficiencies in the application and/or claims in the form of objections and/or rejections. For example, the examiner may reject the claims of a patent application based on many grounds, including lack of novelty or failing to differ only in an obvious manner from what can be found in the prior art.  The examiner may also issue a rejection for a lack of written description or failing to enable the claimed subject matter. The applicant must respond and cure problems with the application with the prescribed time limit. It is common for all or some of the claims of the application to be rejected or objected to in an office action.  Applicants are rarely granted as filed. After the patent issues, the patent owner must pay maintenance fees to keep the patent alive.

  • Trademarks

Anyone, whether a person or an entity, who uses a mark in commerce or intends to use a mark in commerce can apply for a trademark. Of note, a foreign-domiciled applicant must be represented by a licensed U.S. attorney. A domestic applicant domiciled in the U.S. need not be represented by a licensed U.S. attorney, but the USPTO strongly encourages all applicants to hire an attorney who specializes in trademark law.

To obtain a trademark, a trademark applicant must file an application with the USPTO. The application should identify a mark format (i.e., a standard character mark, a stylized/design mark, or a sound mark) and goods and/or services to which the mark will apply. The application should also identify a proper filing basis, whether actual use or intent to use the mark in commerce. Before filing an application, however, the applicant should search the USPTO database to see if anyone has already claimed trademark rights in the wording or design of the mark of interest. Each application is assigned to an examining attorney at the USPTO, who reviews the application. If the application meets the requirements, the examining attorney will register the mark. If it fails to meet certain requirements, however, the examining attorney will issue an office action, explaining the grounds for rejection. The applicant must timely respond to the letter and cure the problems that prompted the office action. After registration, the registrant must file specific maintenance documents to keep the trademark alive.

  • Copyrights

Anyone who is the author of the original work or has obtained rights from the author can register copyright with the US Copyright Office.

To obtain copyright, an applicant must submit a completed application form, a non-refundable copy or copies of the work to be registered. The application can be filed electronically through the Copyright Office website. The applicant can submit an electronic copy of the work in a CD-ROM.

  • Mask Work

To register a mask work, an applicant must submit an application with the US Copyright Office. To secure protection, the mask work registrant must submit the application within two years after the date on which the mask work is first commercially exploited.

Updated: September 12, 2019