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  • Intellectual property framework

    Overview

    Intellectual property is a right protected by the Constitution of the Republic of Angola. The fundamental intellectual property framework in Angola is provided in 2 main acts: the Legal Regime for the Protection of Copyright and Related Rights and the Industrial Property Law.

  • Commercial contract framework

    Overview

    Angolan law lays down a general principle of contractual freedom, which means that parties are mostly free to establish the terms and conditions to be observed by the contracts they enter into (exceptions are made to mandatory rules legally imposed which will depend on the specific contractual relationship) and are entitled to enter into contracts provided for in the law, but also into contracts that are not provided for in the law.

    Angolan law does not establish a unitary act or set of rules applicable to all commercial contracts. Depending on the specific contractual relationship, commercial contracts may be subject to the provisions of the Civil Code, Commercial Code, Copyright and Related Rights Law, and the Industrial Property Law as well as other specific legislation.

    The aforementioned set of rules changes according to the specific contract in question.

  • Copyrights

    Nature of right

    Copyright covers original literary, scientific and artistic intellectual creations, or works. Registration is not required for the acquisition or maintenance of copyright rights; however, there are certain specific copyright-related acts subject to registration in order to be valid.

    In Angola, copyright comprises economic and moral rights.

    In the scope of economic rights, copyright owners have the exclusive right to use, enjoy and dispose of their work, or to authorize the use of the work, wholly or in part, by third parties.

    Moral rights consist in the right to claim authorship of the work, as well as the right to ensure its genuineness and integrity.

    Legal framework

    Copyrights are governed by Law No. 15/14 of July 31, which introduced the Legal Regime for the Protection of Copyright and Related Rights.

    Duration of right

    As general rule, moral copyrights are unlimited in time and, therefore, are inalienable and imprescriptible. With respect to economic copyrights, copyright protection lasts for a term of 70 years, counted as of January 1 of the first year after the death of the author, as well as through the life of the author.

    In the case of works in collaboration, copyright expires 70 years after the death of the last surviving author. As per collective works or works originally assigned to a corporate person, copyright expires 70 years from the date of the first licit publication or disclosure, except if the individuals who create it were identified in the version of the work available to the public.

    For an anonymous work, or work that was legally published or disclosed without identifying the respective author, protection is for 70 years after publication or disclosure.

    Please note that, with respect to applied arts and photographic works, economic copyrights protection lasts for a term of 45 years, counted as of January 1 of the first year after the death of the author.

    Economic copyrights related to a broadcaster last up to 35th calendar year after the broadcast.

    Ownership / licenses

    Moral rights are inalienable.

    The copyright owner, as well as their successors or assignees, may authorize the use of the work by third parties or assign economic rights, wholly or partially.

    Granting an authorization to third parties in order for them to divulge, publish, use or explore the work does not imply the transfer of copyright rights.

    Authorization shall only be granted in writing, mandatorily including the parties involved, the title and type of the work, the rights concerned, the duration, place and price conditions.

    Please note that the assigns are only effective against third parties when registered.

    Remedies for infringement

    The copyright owner may request payment of compensation by the agent for damages and losses to repair the damage suffered as a result the infringement, as well as payment of expenses caused by that infringement, which may include legal expenses.

    The amount of the compensation is determined in accordance with the civil liability regime provided for by the Angolan Civil Code, taking into account the amount of material and moral damage suffered by the copyright owner, as well as the profit obtained by the offender.

    When it is proven that the infringing copies affect a right, the Court may order, ensuring that the penalty is proportionate to the seriousness of the offense and taking into account the legitimate interests of third parties, the destruction of those copies and their packaging or their elimination of trade channels by any other reasonable means, without compensation of any kind, in order to avoid any damage to the copyright owner.

  • Mask works / topographies

    Nature of right

    Mask works and topographies are not separately protected under Angolan law. They may be protected under patent law or by way of confidentiality.

    Legal framework

    Angolan has enacted no specific rules on protection of mask works or topographies. Although Angola is part of the WTO and has approved the TRIPS Agreement, it has not yet implemented any rules on mask works or topographies protection.

    Semiconductor technology, generally, and topographies, in particular, may be protected under the traditional intellectual property rules applicable to all types of technology, particularly patent law and the rules on confidential information. Therefore, matters such as the duration of the relevant rights, ownership and remedies depend on the type of protection used in connection with each specific mask work or topography.

    Duration of right

    Not applicable for this jurisdiction.

    Ownership / licenses

     Not applicable for this jurisdiction.

    Remedies for infringement

    Not applicable for this jurisdiction.

  • Patents

    Nature of right

    Patent rights cover new inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application.

    An invention shall be considered new if it does not form part of the state of the art, which comprises everything, inside or outside the country, made available to the public by means of a written or oral description, by use, or in any other way, before the date of filling of the patent application.

    An invention shall be considered involving an inventive step if it is not obvious to a person skilled in the art.

    An invention shall be considered susceptible of industrial application if it can be made or used in any kind of industry, including agriculture, fishing and handicraft.

    A national patent confers on its owner the exclusive right to exploit the patented invention in Angolan territory.

    Legal framework

    Patents are governed by the following:

    • Chapter II, the Industrial Property Law (Articles 2 to 14)
    • Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
    • Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19
    • Cooperation Treaty patent (PCT) approved by Resolution No. 22/05 of August 19 and
    • Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

    Duration of right

    Patent protection is granted up to a maximum period of 15 years from the date of filling of the patent application.

    Ownership / licenses

    Patents can be transferred in writing, by means of public deed, whether or not for financial reward.

    Patents may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses shall be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including patent rights, the court may, at request of the interested party, order the appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Infringement of the exclusive right granted by a patent may be also punishable as crime with imprisonment up to 6 months or a fine.

  • Trademarks

    Nature of right

    A trademark is a sign that distinguishes a company's goods or services, from the goods and services provided by other companies. There are 3 types of trademarks, namely:

    • Nominative: when constituted by letter(s) or word(s)
    • Figurative: consisting of figures or images and
    • Mixed: when it includes a combination of figures and words or letters in its constitution.

    The registered trademark confers to the owner, the right to prevent third parties that do not have their consent from using in the course of trade any sign which is identical or similar to the trademark in relation to goods and/or services which are identical or similar to those for which the trademark is registered.

    Legal framework

    Trademarks are governed by the following:

    • Chapter II, the Industrial Property Law (Articles 29 to 40)
    • Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
    • Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19 and
    • Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

    Angola is not a party to either the Madrid Agreement or the Madrid Protocol. As such, International Registrations (IRs) cannot be extended to Angola. Angola's accession to the Madrid Agreement and/or the Madrid Protocol is currently the subject of consultation, but the position is unlikely to change for a number of years to come.

    Duration of right

    National trademark registrations remain valid for 10 years starting from the date of filing of the application and may be indefinitely renewed for equal periods.

    Ownership / licenses

    Trademarks can be transferred in writing, wholly or partially, whether or not for financial reward. A transfer of the whole of the undertaking shall include the transfer of the trademark except where there is agreement to the contrary or circumstances clearly dictate otherwise.

    Trademarks may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including trademarks, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Trademark infringement is punishable as crime with imprisonment up to 3 months or a fine.

  • Trade secrets

    Nature of right

    Trade secrets are not protected as property in Angola. However, the Angolan Industrial Property Law, in the chapter related to Crimes of Unfair Competition, characterizes as crimes certain conducts involving the unauthorized use of trade secrets. As a result, there is legal protection against the violation of trade secrets.

    Legal framework

    Trade secrets are addressed in article 73 of the Angolan Industrial Property Law.

    Duration of right

    Not applicable for this jurisdiction.

    Ownership / licenses

    Not applicable for this jurisdiction.

    Remedies for infringement

    Remedies available for infringement of trade secrets can include criminal remedies (imprisonment and monetary fine) and civil remedies (injunction to prevent the continuation of infringements and damages).

    Trade secret violation is punishable with a fine, if a more serious sanction does not apply by applying the provisions of the penal code and Law No. 9/89 (Law on Crimes Against the Economy).

  • Other key IP rights

    Nature of right

    Design

    Industrial design means any new arrangement or set of lines or colors that, for industrial or commercial purposes, can be applied to the ornamentation of a product by any manual, mechanical, chemical, simple or combined process.

    The registered design confers to the owner the right to prevent third parties that do not have their consent from using it. The aforementioned use shall cover, in particular, the making, offering, putting on the market, importing, exporting or using of a product in which the design is incorporated or to which it is applied, or stocking such a product for those purposes.

    Industrial designs

    Industrial designs

    Legal framework

    Design

    Designs are governed by Chapter III of the Industrial Property Law (Articles 15 to 28).

    Duration of right

    Design

    Designs registrations remain valid for 5 years starting from the date of filing of the application and may be renewed for 2 consecutive times of 5 years each.

    Ownership / licenses

    Design

    Designs may be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Design

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including designs, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Infringement of the exclusive right granted by a registered design may be punishable with a fine.

  • Intellectual property in employment context

    Employees

    As a general rule, the copyright over a work made under a labor agreement or in compliance with functional obligations is determined by agreement between the parties. In case no agreement exists, it is presumed that the ownership over the work belongs to the respective intellectual creator. In cases where there is a service provision contract, the property rights over the work are transferred to the contractor or entity represented by it.

    The right to patent shall belong to the inventor or their successors in title. Notwithstanding, if an invention was made during the performance of an employment contract in which inventive activity is provided for, the right to the patent belongs to the employer.

    Consultants / contractors

    In principle, consultants and contractors will retain ownership of the intellectual property developed by them, unless otherwise agreed by the parties or provided for in the law.

  • Key commercial contract considerations

    Registration of commercial agreements

    There are no general registration requirements for commercial contracts under Angolan law; however, certain exceptions may arise. Furthermore, Industrial Property Rights licenses are subject to registration within the Angolan Industrial Property Institute (IAPI) in order to be enforceable against third parties.

    Recognized language of commercial agreements

    There are no general requirements under Angolan law that provide that contracts must be written in Portuguese. However, in certain cases – for instance, contracts with consumers – the Portuguese language is mandatory, and, if the contract is to be used in specific situations – for example, for purposes of evidence in court or used with public authorities – translation to Portuguese is required.

    Country-specific issues for online content

    Electronic contracts are regulated under Presidential Decree No. 202/11 of July 22.

    Enforceability of online/clickwrap/shrinkwrap terms

    Contracts may be concluded electronically, provided that it does not affect its validity or effectiveness due to the use of this medium. Please note that general contractual clauses requiring electronic conclusion of consumer contracts are prohibited.

    The provider shall make available to the recipients, before the conclusion, unambiguous minimum information including (i) the contract conclusion process, (ii) whether or not the contract is stored by the service provider and accessibility by the recipient, (iii) the language or languages in which the contract may be concluded, (iv) the technical means which the provider makes available so that errors of introduction which may be contained in the order form may be identified and corrected, (v) the contractual terms and general clauses of the contract to be concluded, (vi) the codes of conduct subscribed and information on how to consult them electronically  and (vii) the effective technical means which allows the recipient to identify and correct inserted errors.

    Governing law

    The interpretation and enforceability of contracts is a matter of governing law. The choice of law by the parties is accepted as a general principle, except when otherwise provided for by law; please, however, note that, in certain cases, there are rules of mandatory application – for instance, in the scope of contracts concluded with consumers.

  • Key commercial contract terms

    Enforceability of warranty disclaimers

    This will depend on the specific warranty. Notwithstanding, the law may provide some restrictions on the enforceability of warranty disclaimers (eg, for reasons of consumer protection).

    Enforceability of exclusions/limitations of liability indemnification

    As general rule, the enforceability of exclusions or limitation of liability is limited under Angolan law. According to civil law, limitation of liability or exclusion of liability concerns the grounds of liability itself and the damages and losses. The law is not absolutely clear when dealing with the matter; therefore, some hold the opinion that the law does not prevent clauses limiting or excluding liability for acts of mere negligence, while others suggest that all clauses of exclusion or limitation are completely null and void.

    Indemnification

    Indemnification clauses in contracts are, in principle, enforceable, but may be subject to restrictions provided for in the law. It is relatively common to stipulate in commercial agreements that the indemnifying party will indemnify and hold harmless the other party against claims of third parties related to the subject matter of the agreement.

    Electronic signatures

    According to Angolan law, a qualified electronic signature is equivalent to an autographic signature in paper documents. An electronic document shall only be deemed to be signed for purposes of evidence where it meets the requirements set by the law on electronic signature and certification.

  • Key contacts
    Murillo Costa Sanches
    Murillo Costa Sanches
    Of Counsel DLA Piper [email protected] T +351 213 583 659 View bio
    Joni Garcia
    Joni Garcia
    Associate DLA Piper ADCA Angola [email protected] T +244 926 612 525

Mask works / topographies

Duration of right

Angola

Not applicable for this jurisdiction.

Argentina

Not applicable for this jurisdiction.

Australia

The duration of protection is 10 calendar years after the calendar year in which the circuit layout was made. If the circuit layout is first commercially exploited within that period, the term is 10 calendar years after the year in which commercial exploitation first took place.

Austria

The duration of protection for semiconductors is 10 years from registration (ends at end of tenth calendar year). Semiconductors must be registered within 2 years of the 1st non-confidential commercial exploitation.

Belgium

The exclusive right related to the protection of topographies of semiconductor products shall come into existence when the topography is fixed or encoded for the 1st time and shall expire 10 years from the end of the calendar year in which the topography was first commercially exploited anywhere in the world. The exclusive right shall expire where a topography has not been commercially exploited anywhere in the world within a period of 15 years from the date on which it was first fixed or encoded.

Brazil

Mask works are protectable for 10 years counted from the date of application for registration or the date of the first exploitation, whichever occurs first.

Canada

The duration of protection for integrated circuit topographies is up to 10 years from the filing date of the application for registration. Registration terminates at the end of the 10th calendar year after the earlier of the year in which the topography is 1st commercially exploited and the calendar year of the filing date of the application. A registration must be filed within 2 years of 1st commercial exploitation.

Chile

The protection of topographies of integrated circuits lasts 10 years from the date of filing of the application for registration or the first commercial exploitation anywhere in the world (whichever is earlier), and it is non-renewable.

China

The term of protection of the exclusive right of layout-design shall be 10 years from the date of filing an application for registration or from the date on which it was first commercially exploited anywhere in the world, whichever expires earlier.

However, whether or not it has been registered or commercially exploited, a layout-design shall not be protected for more than 15 years after the date of the completion of its creation.

Colombia

Layout-designs of integrated circuits have a term of protection of ten years beginning from the earliest to occur of the following:

  • The last day of the year in which it was exploited for the first time in Colombia or abroad or
  • The date on which the registration request was made before the competent authority in Colombia. Decision 486.

Protection is granted for ten years and can be renewed for equal periods, but the relevant authority may no longer protect the product when it does not comply with the specifications set forth in Decision 486.

In any case, protection for the layout-design of an integrated circuit will not be enforceable for more than 15 years from the last day of the year in which it was created.

Nonetheless, the layout-design of an integrated circuit that has not been commercially exploited anywhere in the world may only be registered if the application is filed within a period of 15 years from the last day of the year in which the layout-design was created.

Czech Republic

The duration is 10 years from registration (ends at end of the 10th calendar year) or from the first open commercial exploitation.

Denmark

The right lasts for 10 years from the year following the creation of the right.

Finland

Topographies may be registered for an exclusive term of 10 years.

France

Protection is granted as from the earlier of the following dates: the filing of the application or the first act of commercial exploitation. Protection is granted until the end of the 10th calendar year following this event.

Where a topography has not been commercially exploited within a period of 15 years from its first fixation or encoding, any exclusive right in existence shall come to an end.

Germany

Protection of semiconductor topographies last a duration of 10 years from application with the Patent Office or commercial use of the topography (2 years’ grace period after such disclosure to the public). Protection ends at the end of the 10th calendar year.

Hong Kong, SAR

The duration of protection is 10 years after the end of the year in which it was first commercially exploited with the qualified owner’s consent, anywhere in the world, or, if it has never been commercially exploited, 15 years following the end of the year in which it was created.

Hungary

The protection lasts for 10 years either from the first day of commercial exploitation anywhere in the world or from the day of filing the application for registration with the competent authority.

Must register within 2 years of first commercial exploitation.

India

The registration of a layout-design continues for a period of 10 years beginning from the date of filing an application for registration or from the date of first commercial exploitation anywhere in India or in any country, whichever is earlier.

Indonesia

The protection of rights to a layout-design of integrated circuits is valid for 10 years from the first commercial exploitation or the date of filing.

Ireland

The topography right will commence on the date when it is first encoded or fixed  (or in some cases, when first commercially exploited anywhere in the world). The topography right will expire 10 years from the end of the calendar year in which it was first commercially exploited or, where it has not been commercially exploited anywhere in the world, 15 years after it is first encoded or fixed.

Israel

The right has a term equal to the earlier of:

  • The end of 10 years from the date on which the layout-design or an integrated circuit in which the layout-design is incorporated was first lawfully sold or distributed commercially in Israel or outside of Israel.
  • The end of 15 years from the date of creation of the layout-design.

Italy

The protection is granted for 10 years starting either from the end of the year in which the application for registration was filed or – if precedent in time – from the date when the semiconductor containing the topography is put on sale for the first time in any part of the world.

Japan

The duration of protection is 10 years from registration, and no renewal or extension of duration is provided. The layout-design must be registered within 2 years of first commercial exploitation.

Luxembourg

The exclusive right related to the protection of topographies of semiconductor products come into existence on the earlier of:

  • The date on which the topography was first commercially exploited anywhere in the world
  • The date on which the application for registration was filed in due form

This exclusive right expires after 10 years, calculated from the end of the calendar year during which the exclusive right came into existence.

Exclusive rights will no longer be enjoyed or will expire if an application for registration has not been filed with public authority within 2 years of its first commercial exploitation.

Where a topography has not been commercially exploited anywhere in the world within a period of 15 years from its first fixation or encoding, the exclusive rights may no longer commence unless an application for registration has been filed within that period.

Mexico

The duration of mask work protection is 10 years from the date the filing is presented before the Mexican Institute of Industrial Property (Instituto Mexicano de la Propiedad Industrial or IMPI).

Netherlands

The exclusive right related to the protection of topographies of semiconductor products shall come into existence when the topography is fixed for the first time and expires 10 years from the end of the calendar year in which the topography was filed or is first commercially exploited anywhere in the world, whichever comes first. The exclusive right expires where a topography has not been commercially exploited, and, if no application was made, the right expires within a period of 15 years from the date on which it was first fixed.

New Zealand

The duration of protection is 15 years after the calendar year in which the layout design was made, or, if the layout design was first commercially exploited within 5 years after the calendar year it was made, then the protection lasts for 10 years after the calendar year in which the layout design was first commercially exploited.

Nigeria

Not applicable for this jurisdiction.

Norway

The exclusive right to the layout commences with its creation and expires 10 years after the circuit was used commercially for the first time. The exclusive right shall nevertheless come to an end 15 years after the creation of the layout, regardless of whether it has been commercially utilized or not.

Peru

N/A

Philippines

The protection for layout-design commences on (i) the date of the first commercial exploitation anywhere in the world, or (ii) on the filing date of the application for registration, if the layout-design has not been previously exploited commercially anywhere in the world. The registration of a layout-design is valid for a period of 10 years from commencement of protection.

Registration must be filed within 2 years of first commercial exploitation.

Poland

The protection of a topography ceases to have effect 10 years after the end of the calendar year in which the topography – or an integrated circuit incorporating the topography – was put on the market, or the end of the calendar year in which an application to register the topography was filed with the Patent Office, depending on which of these time limits expires first.

The registration right to a topography also lapses 15 years after its creation and establishment if this period expires earlier than the time limit for which a right in registration was granted (and the topography was not used within said time for commercial purposes).

Portugal

The duration of a registration is 10 years from the date of application or the date on which the topography was first exploited in any location, if earlier.

Romania

The duration of protection is 10 years. As  a general rule, this term is calculated from registration. Registration must be filed within 2 years from the first commercial exploitation.

Russia

The protection is granted for 10 years starting from the earlier of either the filing date of the application or the date when the semi-conductor containing the topography was put on sale for the first time in any part of the world.

Saudi Arabia

Layout-design certificate protection is valid for 10 years from the date of filing the application for registration or 10 years from the date on which it was first commercially exploited anywhere in the world (but, in any case, no longer than 15 years from the date of creation of the layout-design).

Singapore

Any integrated circuit which is created after February 15, 1999 will be protected for 10 years if it is first used commercially within 5 years of creation. In other cases, it will be protected for 15 years from the date of its creation.

Slovak Republic

The duration of protection of topography shall exist as of the date:

  • The topography is commercially exploited, if the application for the registration has been filed no later than 2 years after such commercial exploitation

  • The application for registration is filed

Protection of the topography shall expire after 10 years from the end of the calendar year in which the topography protection was granted.

However, the right to protection of the topography shall expire after 15 years as of the date of its 1st fixation or coding if the topography has not been exploited commercially or if an application for registration has not been submitted to the Industrial Property Office.

South Korea

The term is 10 years from the date of registration. However, the term shall not exceed 10 years from the date when the registered layout was first used for commercial purposes or 15 years from the date when the registered design was created.

Spain

The exclusive rights shall expire 10 years from the earlier of the following 2 dates:

  • The end of the calendar year in which the topography was first commercially exploited anywhere in the world or
  • The end of the calendar year in which the application for registration was filed in due form.

However, any registration of a topography that has not been commercially exploited anywhere in the world within a period of 15 years from its first fixation or encoding shall lapse.

Sweden

The right lasts for 10 years from the expiration of the year when the topography or semiconductor was first commercially exploited in any part of the world.

The right expires 15 years following the expiration of the year in which the topography or semiconductor was created, if the topography or semiconductor at that point has not yet been commercially exploited.

Switzerland

The duration of protection is 10 years, starting on the day of the valid application for the registration of the topography or the day the topography was first distributed, whichever is earlier. If the topography is not registered, protection ends 2 years after the day it was first distributed. In any case, the right ends 15 years after the development of the topography at the latest.

Taiwan, China

The duration of a circuit layout right is 10 years commencing from the earlier of:

  • The filing date of the circuit layout registration application or
  • The date of the first commercial exploitation

Ukraine

The duration of protection is 10 years from any of the following dates, whichever is earlier:

  • The end of calendar year during which the topography was first commercially used anywhere in the world or
  • The end of calendar year during which proper application was filed.

Registration must be filed within 2 years upon the first use of the topography.

United Arab Emirates

Not applicable.

United Kingdom

Provided the design qualifies for protection, protection arises automatically on creation of the design.

Protection expires 15 years from when the design was first recorded or an article made to it or, if the design or an article made to the design is made available anywhere in the world during that 15-year period, 10 years from the end of the calendar year in which the design or an article made to the design was first made available anywhere in the world.

United States

The duration of protection is 10 years from registration, terminating at the end of the 10th calendar year. Registration must be filed within 2 years of first commercial exploitation.