What are the differences in the protection period of intellectual property rights? Can I apply for extension
The protection period of trademark rights is ten years and can be renewed for ten years. The term of invention Patent rights is twenty years, and the term of utility model patent rights and design patent rights is ten years. The term of copyright protection is generally fifty years. The term of intellectual property protection cannot be extended indefinitely. Trademark rights can only be renewed every 10 years (can be extended indefinitely); the term of copyright is 50 years after the death of the copyright for natural persons; and 50 years for legal persons. Patents and copyrights are not renewable.
Three types of intellectual property rights have different protection periods:
1. Copyright
According to the relevant provisions of the Copyright Law, the author’s signature The protection period of the right, the right to modify and the right to protect the integrity of the work is not limited. For a citizen's work, the protection period for the right to publish, distribute and other rights is the life of the author and fifty years after his death, ending on December 31 of the fiftieth year after the author's death; if it is a collaborative work, it will end at the end of his death. December 31, the fiftieth year after the death of the author.
Protection of publication rights, distribution rights and other rights for legal persons or other organizations’ works and copyrights (except for signature rights) that are enjoyed by legal persons or other organizations. The period is fifty years and ends on December 31, the fiftieth year after the work was first published. However, if the work has not been published within fifty years since its creation, this law will no longer protect it.
2. Patent rights
According to the relevant provisions of the Patent Law, invention patent rights The term is twenty years, and the term of utility model patent rights and design patent rights is ten years, both calculated from the date of application. The patentee shall be granted theAnnual fees shall be paid starting from the year when the patent right is granted.
According to the provisions of Article 44 of the Patent Law, if the annual fee is not paid in accordance with the regulations and the patentee gives up his patent rights in a written statement, the patent The right shall terminate before the expiration of the term.
3. Trademark rights
According to Article 37 and Article 3 of the Trademark Rights Law According to Article 18, the validity period of a registered trademark is ten years, calculated from the date of approval of registration. If a registered trademark expires and needs to be continued to be used, it should apply for renewal of registration within six months before expiration; if the application fails to be made during this period, a six-month extension period can be given. If an application has not been made before the extension period expires, the registered trademark will be cancelled. Each renewal of registration is valid for ten years.
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