1. How long is the term of intellectual property protection?
1. Intellectual property protection Period:
(1) The trademark right protection period is 10 years;
(2) In addition to the unrestricted protection period of the author's right of signature, right of modification, and right to protect the integrity of the work, copyright protection period is fifty years after the author's death.
2. Legal basis: Article 39 of the "Trademark Law of the People's Republic of China" states that a registered trademark is valid for ten years, starting from the date of approval of registration.
Article 22 of the "Copyright Law of the People's Republic of China" stipulates that the protection period of the author's right of signature, right of modification, and right to protect the integrity of the work is not limited.
Article 23 The rights of publication of works of natural persons and the rights stipulated in Items 5 to 17 of Article 10, Paragraph 1 of this Law The protection period is the life of the author and fifty years after his death, ending on December 31 of the fiftieth year after the death of the author; in the case of a collaborative work, it ends on December 31 of the fiftieth year after the death of the last author. .
For works and copyrights (except for the right of signature) of a legal person or an unincorporated organization, the protection period for the right of publication is five years. Ten years, ending on December 31, the fiftieth year after the creation of the work; the protection period of the rights stipulated in items 5 to 17 of Article 10, Paragraph 1 of this Law is fifty years, ending on the first time the work is created. December 31, the fiftieth year after publication, but if the work has not been published within fifty years from the completion of creation, this law will no longer protect it.
The protection period of the right to publish audio-visual works is fifty years, ending on December 31 of the fiftieth year after the creation of the work; Article 1 of this Law The protection period of the rights stipulated in Items 5 to 17 of Article 10, Paragraph 1, is fifty years, ending on the fiftieth year after the first publication of the work.December 31, but if the work has not been published within fifty years since its creation, it will no longer be protected by this law.
2. Trademarks in Intellectual Property Can the protection period of the right be extended?
1. According to the provisions of the Trademark Law, the protection period of the trademark right in intellectual property rights can be extended, and the trademark registrant shall Renewal procedures must be carried out in accordance with regulations within 12 months before expiration.
2. Legal basis: Article 40 of the "Trademark Law of the People's Republic of China" If a registered trademark has expired and needs to be continued to be used, the trademark registrant shall The renewal procedures must be handled in accordance with regulations within the first twelve months; if the renewal procedures cannot be handled during this period, a six-month extension period may be granted. Each renewal of registration is valid for ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled.
The Trademark Office shall announce the renewal of registered trademarks.
We can learn that according to regulations, the protection period for trademark rights in intellectual property rights is 10 years, and copyright In addition to the author's right of signature, right of modification, and right to protect the integrity of the work, the protection period is fifty years after the author's death. I hope you understand. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the legal Saviour.com consults a professional lawyer.
