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.
Other key IP rights
Duration of right
Angola
Argentina
Industrial designs
The rights derived from the registration of an industrial model or design last for a 5-year period, counted from the date of filing of the relevant application. The registration may be renewed for 2 successive 5-year periods, if the owner requests such renewal.
Australia
Not applicable.
Austria
Not applicable for this jurisdiction.
Belgium
Not applicable for this jurisdiction.
Brazil
Not applicable for this jurisdiction.
Canada
Industrial designs
The registration of an industrial design is protected for either 10 years from the registration date or 15 years from the Canadian filing date, whichever is later. To maintain the exclusive right for its duration, a maintenance fee must be paid 5 years after the registration date.
Chile
The protection is granted for 15 years from the date of the filing of the application and is non-renewable. There is a simplified registration procedure alternative, consisting of a deposit of the design before INAPI, which does not consider a substantive examination. This abbreviated procedure grants the applicant a certificate of deposit and orders the publication of the design so that 3rd parties may request its substantive examination without being able to take legal action to prevent its use by 3rd parties during the intervening period.
China
Not applicable for this jurisdiction.
Colombia
Industrial designs
Industrial designs have a term of protection of 10 years from the filing date. Nevertheless, in order to maintain it in force, it is necessary to pay an annual fee. If such fees are not paid, the registry of the industrial design is no longer enforceable.
Czech Republic
Not applicable for this jurisdiction.
Denmark
Designs
Registered designs are in effect for up to 25 years (15 years for spare parts) from the date of filing and must be renewed every 5 years to a maximum of 25 years (15 years for spare parts).
Unregistered EU designs are valid for 3 years from the date of first being made available to the public. The scope of protection is limited to direct copying of the design.
Finland
Not applicable.
France
Registered designs
A registered French design can be protected for a maximum of 25 years. The initial term of protection is 5 years, which may be renewed by 4 consecutive 5-year periods.
Databases
For the duration of copyright, when applicable, see the "Copyrights" section.
The sui generis protection is granted for 15 years, starting from the date of completion of the database. It expires 15 years following the 1st of January of the year following the date of completion of the database.
If the database is made available to the public within this 15-year time period, protection runs until 15 years following January 1 of the year following the date of publication.
If the database is subject to new substantive investment, the 15-year period of protection starts following January 1 of the year following the date of this new investment.
Germany
The maximum protection period is 25 years.
Hong Kong, SAR
The initial period of the registration of a design is 5 years beginning on the filing date of the application. The registered design protection can be extended for an additional period of 5 years, but the maximum period of registration is 25 years.
Hungary
Not applicable for this jurisdiction.
India
Not applicable for this jurisdiction.
Indonesia
Industrial designs
The protection of an industrial design right is granted for 10 years from the date of filing and cannot be extended.
Ireland
Designs
A registered design right (whether a national or community design) survives for 5 years from the date of first registration. It is possible to apply to renew the registration for additional 5 year periods up to a maximum of 25 years.
Unregistered design protection survives for a period of 3 years from the date on which the design was first made available to the public.
Israel
Designs
Section 39 of the Design Law sets the term of registered design protection at 25 years commencing from the date of registration. Section 65 sets the term of unregistered design protection at 3 years commencing from the date of first publication.
There is a 12-month grace period from the first publication of a design to apply for its registration.
A design registered under the Patent and Designs Ordinance, which grants protection for a total term of 15 years, can be further extended by an additional 3 years under the new Design Law (thus, 18 years in total).
Italy
For registered designs, protection lasts 5 years from the date of filing of the application. It can be renewed for periods of 5 years with a limit of 25 years total.
For unregistered designs, protection lasts 3 years from the disclosure to the public, and it cannot be renewed.
The temporary protection to designs that appear in an official or officially recognized exhibition lapses if the application for registration of the design is filed after the expiry of a period of 6 months from the date of the exhibition.
Japan
Not applicable for this jurisdiction.
Luxembourg
Not applicable for this jurisdiction.
Mexico
Not applicable.
Netherlands
Not applicable for this jurisdiction.
New Zealand
Designs
Design rights generally subsist for a period of 5 years from the date of registration and can be renewed for a further two 5-year periods on the payment of renewal fees.
Nigeria
Industrial designs have a protection term of 5 years from the date of registration. Upon expiration and subject to the payment of the prescribed fee, the design may be renewed for 2 consecutive periods of 5 years.
Norway
Design
The right to registered designs lasts for 5 years, but the protection may be renewed for up to 5 consecutive periods a total protection period of 25 years.
Peru
Not applicable.
Philippines
Not applicable in this jurisdiction.
Poland
The right to a registered design may last 25 years from the date of application, if the protection is extended every 5 years.
Portugal
Logo
Logos registrations remain valid for 10 years starting from the date of filing of the application and may be indefinitely renewed for equal periods.
Romania
The registration certificate is valid for 10 years from the filling date of the application for registration and may be renewed for up to 3 consecutive 5-year periods.
Russia
Not applicable.
Saudi Arabia
Not applicable.
Singapore
Not applicable for this jurisdiction.
Slovak Republic
Utility models
The protection of a utility model is valid for 4 years from the date of filing of the application. The protection may be extended upon request of the owner of the utility model up to 2 times, each time for 3 years.
Designs
The protection of a design is valid for 5 years from the date of filing of the application. The protection can be extended upon request of the owner of the design up to 4 times, each time for 5 years (the overall time of protection being a maximum of 25 years).
South Korea
Not applicable for this jurisdiction.
Spain
Not applicable.
Sweden
Not applicable.
Switzerland
Not applicable for this jurisdiction.
Taiwan, China
Not applicable for this jurisdiction.
Ukraine
Industrial designs
Certificates for industrial designs are granted for 5 years from the date of application, which may be extended for another 5 years, however, the total validity term of rights to a registered industrial design may not exceed 25 years from the application date.
Unregistered industrial designs are protected within 3 years upon bringing them to the public notice in the territory of Ukraine.
United Arab Emirates
Not applicable.
United Kingdom
Passing off
There is no fixed duration; however, goodwill must subsist. It is possible that a business may have residual goodwill for a period after it has stopped trading under the relevant name, logo or “get-up”.
Designs
Registered designs are protected for up to 25 years, subject to payment of renewal fees (every 5 years), unless the registration is subsequently challenged and invalidated.
Unregistered design protection lasts for the lesser of 15 years from when the design was first recorded or an article made to it, or 10 years from the end of the calendar year when the design or an article made to the design is made available for sale or hire anywhere in the world.
United States
Not applicable for this jurisdiction.
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