Who can challenge each of the intellectual property rights described above?

Intellectual Property (2nd edition)

Japan Small Flag Japan

Patents: Anyone may file an opposition to a granted patent with the Japan Patent Office within six months after issuance of the official gazette in which the patent is published. Only interested parties can file for an invalidation trial at the Japan Patent Office at any time.

Trademarks: Anyone may file an opposition to a trademark registration with the Japan Patent Office within two months after issuance of the official gazette in which the trademark is published. Only interested parties can file for an invalidation trial at the Japan Patent Office at any time or within 5 years from registration depending on the reasons for invalidation.

Utility Model Rights and Design Rights: Anyone may file for an invalidation trial at the Japan Patent Office at any time.

UAE Small Flag UAE

Right

Who can challenge?

Patents (national)

any person who has an interest

Designs

Utility certificates

Trade marks

any concerned person

Copyright recordals

GCC Patents

a concerned person

It is therefore necessary for any party looking to challenge one of these rights, to ensure that they can prove that they are an "interested person" or a "concerned person" as without such proof, the challenge will fail.

Mexico Small Flag Mexico

Any third party that proves its legal standing to challenge the intellectual property right. The legal standing can be proven –among other scenarios- by means of any prior intellectual property right considered affected because of the existence of the right to be challenged.

India Small Flag India

Patents: Any person interested can challenge a patented invention by filing a post grant opposition. Any person interested or the Central Government or the alleged infringer (defendant) in an infringement suit can also file a revocation petition to challenge the validity of a patent. A patent application can be opposed by any person before its grant.

Designs: Any person interested may file a petition for cancellation for the registered design before the Indian Patent Office.

Copyright: There is no provision to challenge the registration of copyright before the grant. A person can however file an infringement suit or action for passing off in case there is a violation of his copyright by the registration or use of any such copyright.

Trade mark: Any person can oppose a trademark application. Further, any aggrieved person may make an application in the prescribed manner to the Intellectual Property Board (IPAB) or to the Registrar to cancel or vary the registration of a trade mark on the specific ground.

Geographical indications: Any person may, on application made to the Registrar in such manner and on payment of such fee as may be prescribed, give notice in writing in the prescribed manner to the Registrar, of opposition to the registration of the GI. Any aggrieved person may make an application to the Appellate Board praying for cancelling or varying the registration of a Geographical Indication or authorised user on specified grounds.

Updated: June 15, 2018