Hamburger
  • 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

Intellectual property framework

Overview

Angola

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.

Argentina

Protection of intellectual property rights is required by the Federal Constitution and by several multilateral treaties. The main statutes in this area are federal statutes. However, in case of litigation, some matters are subject to federal jurisdiction, and others to provincial jurisdiction.

Australia

Intellectual property rights (other than trade secrets and common law trademark rights) are governed by the laws of the Commonwealth (ie, at a federal level) and interpreted by court judgments (ie, common law). There are no state or territory-based intellectual property laws.

Austria

In general, intellectual property rights in Austria are governed by specific federal statutory laws, as follows:

  • Copyright – the Copyright Act (Urheberrechtsgesetz)
  • Patent – the Patent Act (Patentgesetz)
  • Utility Models – the Utility Model Act (Gebrauchsmustergesetz)
  • Trademarks – the Trademark Act (Markenschutzgesetz)
  • Semiconductors – the Semiconductor Protection Act (Halbleiterschutzgesetz)
  • Designs and utility patents – the Designs Act (Musterschutzgesetz)
  • Trade secrets – the Unfair Competition Act (Gesetz gegen den unlauteren Wettbewerb)

Certain other statutory laws protect other manifestations of intellectual property that do not fulfill the requirements of the intellectual property types cited above in various ways – in particular, the Act on Unfair Competition (Gesetz gegen den unlauteren Wettbewerb), which imposes a more general prohibition or limitation to takeover of other persons' intellectual works and offers certain amount of protection for trade secrets and know-how, the Criminal Code (Strafgesetzbuch), which penalizes certain trade secret related actions and the Commercial Code (Unternehmensgesetzbuch) and Company Register Code (Firmenbuchgesetz), which provide protection for names and company names.

Belgium

In general, intellectual property rights in Belgium are governed by the following Federal statutory laws:

  • Patent – Title 1 (Patents) of Book XI (Intellectual Property and Trade Secrets) of the Code of Economic Law
  • Copyright – Title 5 (Copyrights and Neighboring Rights) of Book XI (Intellectual Property and Trade Secrets) of the Code of Economic Law
  • Software – Title 6 (Computer Programs.) of Book XI (Intellectual Property and Trade Secrets) of the Code of Economic Law
  • Database rights – Title 7 (Databases) and Title 5 (Copyrights and Neighboring Rights) of Book XI (Intellectual Property and Trade Secrets) of the Code of Economic Law
  • Semiconductors – Title 8 (Topographies of Semiconductor Products) of Book XI (Intellectual Property and Trade Secrets) of the Code of Economic Law
  • Trademarks – Benelux Convention on Intellectual Property of February 25, 2005, as amended by the Protocol of December 11, 2017
  • Designs – Benelux Convention on Intellectual Property of February 25, 2005, as amended by the Protocol of December 11, 2017

In addition, certain other statutory laws may protect other manifestations of intellectual property that do not fulfill the requirements of the intellectual property types cited above, such as trade names, company names, domain names and misleading and comparative advertising.

Brazil

Intellectual property rights are governed by the Federal Constitution and Federal laws.

Canada

As a general matter, intellectual property rights, such as patents and copyrights as well as registered trademarks, are governed by federal statutes.

Chile

As a general matter, intellectual property rights are governed by Law No 17,336 of Intellectual Property, and Law 19,039 of Industrial Property. The different rights are administered and protected by different agencies in Chile. The main ones are the National Institute of Industrial Property (INAPI) and the Intellectual Rights Department (DDI).

China

In China, intellectual property rights are primarily protected under four major intellectual property laws, the Patent Law, the Trademark Law and the Copyright Law, the Anti-Unfair Competition Law and their Implementing Regulations. In addition, there are a large number of regulations, rules, measures, policies and opinions issued by the Standing Committee of National People's Congress, the State Administration of Market Supervision and various administrative authorities which further address issues concerning application of the intellectual property laws. The judicial interpretations made by the Supreme People's Court also form a part of the legal framework.

Colombia

Colombia has a wide regulation on intellectual property consisting of international treaties, national laws and decrees, mainly governed by the decisions issued by the Andean Community (CAN). According to Article 6 of the National Constitution, the Colombian state has the obligation of protecting intellectual property. Article 151 of the Constitution states that Congress shall dictate the legal regime on industrial property, patents, trademarks and any other intellectual property that may be protected.

The Colombian Intellectual Property Regime is mainly regulated by CAN regulation, particularly Decisions 486 and 351. Intellectual property is comprised of 2 main groups of rights: copyrights and industrial property. Industrial property protects exclusive rights regarding trademarks, brands, slogans, designations of origin, patents over inventions and utility models, industrial designs and layout-designs of integrated circuits. These rights are recognized once the national authority on industrial property registers them.

Moreover, copyrights include 2 different rights: moral and economic rights that may be held by the same or different persons and are recognized since the creation of an original work (eg, software, literary work, musical work, work of art, audiovisual work and phonograms).

Furthermore, local regulation covers different and specific matters in accordance with Decision 689 of the CAN, such as certain terms, requirements and procedural rules applicable to the internal processes for recognized intellectual property rights.

Two main principles govern intellectual property in Colombia: territoriality and protection against unfair competition. The principle of territoriality states that relevant authorities may grant or recognize rights within the territories where they have competency. Nevertheless, international treaties may extend the protection of such rights to other countries. The principle of protection against unfair competition establishes that a right holder may defend a granted right against third parties, which allows free competition given that a right holder can prevent unfair practices as acts of confusion, discredit or exploitation of others’ reputations.

Czech Republic

Czech law belongs to the continental system of law (or civil law, as opposed to common law). Regulations covering intellectual property rights are primarily set out in various statutes issued by Czech Parliament.

The most important statutes are the following (each of them as amended from time to time):

  • Act No. 121/2000 Coll. on Rights Related to Copyright (Copyright Act)
  • Act No. 527/1990 Coll. on Inventions and Improvement Proposals (Patents Act)
  • Act No. 441/2003 Coll. on Trademarks (Trademarks Act)
  • Act No. 478/1992 Coll. on Utility Models (Utility Models Act)
  • Act No. 207/2000 Coll. on Protection of Industrial Designs (Industrial Designs Act)
  • Act No. 529/1991 Coll. on Protection of Topographies of Semiconductor Products (Topographies of Semiconductor Products Act)
  • Act No. 206/2000 Coll. on Protection of Biotechnological Inventions
  • Act No. 408/2000 Coll. on Protection of Plant Variety Rights
  • Act No. 452/2001 Coll. Protection of Designations of Origin and Geographical Indications
  • Act No. 221/2006 Coll. on Enforcement of Industrial Property Rights
  • Act No. 89/2012 Coll. Civil Code (Civil Code), providing general framework of civil law and regulating trade secrets

Many of these pieces of legislation are in compliance with relevant EU legislation, as the Czech Republic is a member country of the European Union.

Denmark

In general, intellectual property rights are governed by EU regulations and directives as well as by Danish law.

Finland

The Finnish intellectual property legislation is largely impacted by European Union (EU) directives and regulations. Some of the national legislation has been jointly drafted with other Nordic countries. In addition to specific IPR legislation, the law relating to unfair business practices is also relevant between commercial entities. For cases of deliberate or grossly negligent infringement, criminal law provisions may also apply.

France

France is a civil law country.

Most of the rules and requirements applicable to intellectual property rights derive either from French law or European Union law and are codified in the French Intellectual Property Code.

Germany

German Constitution (Grundgesetz) refers protection of copyright and industrial property rights to exclusive legislation. In cases of exclusive legislation, only the Federal government has the legislative power.

Hong Kong, SAR

Hong Kong has an established legal framework for the protection of intellectual property rights in patents, trademarks, copyright and registered designs under various ordinances.

Hungary

Intellectual property rights are governed by individual state acts. In questions not specified by these acts, the Hungarian Civil Code (Act No. 5 of 2013 of the Hungarian Civil Code) is applicable.

Since Hungary is a member of the European Union, each intellectual property act shall be in line with the respective EU directives and regulations. In addition, certain EU regulations apply directly.

India

As a general matter intellectual property rights are governed by Federal statutes. However, trade secrets are not specifically protected by any legislation though they may be protected as contractual obligations, subject to the Indian Contract Act 1872 (Contract Act).

Indonesia

The intellectual property framework consists of the following laws:

  • Law Number 28 of 2014 on Copyrights
  • Law Number 13 of 2016 on Patents
  • Law Number 20 of 2016 on Trademarks and Geographical Indications
  • Law Number 30 of 2000 on Trade Secrets
  • Law Number 31 of 2000 on Industrial Designs
  • Law Number 32 of 2000 on Layout Designs of Integrated Circuits
  • Law Number 29 of 2000 on Plant Variety Protection

The government body who has responsibility for the administration and registration of intellectual property rights in Indonesia is the Directorate General of Intellectual Property Rights under the Ministry of Law and Human Rights of the Republic of Indonesia. The Minister of Law and Human Rights finally issued the Regulation of Minister of Law and Human Rights Number 8 of 2016 regarding Requirements and Procedure of Recording of Intellectual Property Licenses ("Minister Regulation No 8") on February 24, 2016.

Ireland

The intellectual property regime in Ireland is primarily based on a modern legislative framework. There are some intellectual property rights that are governed by common law.

Israel

As a general matter, intellectual property rights are statutory rights, with the exception of trade secrets, which are protected under Israel's Commercial Tort Law as a civil tort.

Italy

As a general matter, intellectual property rights are governed by the Industrial Property Code (Legislative Decree No. 30/2005) the Italian Copyright Law (Law No. 633/1941) the Civil Code and ad hoc legislation.

Japan

Intellectual property rights including patent right, utility model right, design right, copyright, trademark right and trade secrets are specified and protected under each relevant intellectual property law.

Luxembourg

In general, the intellectual property rights in Luxembourg are governed by the following statutory laws:

  • Copyright – Law of 18 April 2001 on Copyright, Neighboring Rights and Databases, as amended, lastly by the Law of 3 April 2020 (the Copyright Act)
  • Database Rights (sui generis right, distinct from copyright) – Law of 18 April 2001, as amended by the Law of 18 April 2004 and lastly by the Law of 10 February 2015 (the Copyright Act)
  • Patent – Law of 20 July 1992 amending the System for Patents for Invention, as amended by the Law of 24 May 1998 and lastly by the Law of 18 December 2009 (the Patent Act)
  • Trademarks – Benelux Convention on Intellectual Property of 25 February 2005 as approved by the Law of 16 May 2006
  • Industrial Designs – Benelux Convention on Intellectual Property of 25 February 2005 as approved by the Law of 16 May 2006
  • Semiconductors – Law of 29 December 1988 on the Legal Protection of Topographies of Semiconductor Products
  • Professor's Privilege/Ownership of publicly funded research – Special laws on the public funding of research results

Article 50bis of the Luxembourg income tax law, providing for a specific tax regime applying for intellectual property rights, has been repealed by law of 18 December 2015 and no longer applies as from 1 July 2016. However, the new Lawlaw of 17 April 2018 introduces a new article 50ter which provides for an 80 percent partial tax exemption on the net income derived from eligible intellectual property assets as well as a 100% exemption from net wealth tax and applies from 1 January 2018 in parallel (and non-cumulatively) with the former regime (until the expiry of the grandfathering period under that regime, i.e 30 June 2021).

Mexico

Two federal laws provide the core legal basis for protection of intellectual property rights in Mexico:

  • The Industrial Property Law (Ley de la Propiedad Industrial) and
  • The Federal Copyright Law (Ley Federal del Derecho de Autor).

Netherlands

In the Netherlands, the intellectual property rights are governed by the following federal statutory laws:

  • Copyright – Copyright Act of 1912
  • Software – Regulation regarding software is included in the Copyright Act of 1912 (see chapter VI of the Copyright Act of 1912) implementing the EU Directive of May 14, 1991 on the Legal Protection of Computer Programs (91/250/EEG)
  • Patent – Patents Act of 1995
  • Trademarks – Benelux Convention on Intellectual Property of 2005
  • Designs – Benelux Convention on Intellectual Property of 2005
  • Semiconductors – Act on the Legal Protection of Topographies of Semiconductor Products of 1987
  • Database rights – Databases (Legal Protection) Act of 1999
  • Trade name – Trade Names Act of 1921

In addition, certain other statutory laws may protect other manifestations of intellectual property that do not fulfill the requirements of the intellectual property types cited above, such as know-how, trade and industrial secrets, company names, domain names and misleading and comparative advertising.

New Zealand

Intellectual property rights in New Zealand are primarily governed by specific statutes: the Trade Marks Act 2002, Designs Act 1953, Patents Act 2013 and the Copyright Act 1994. However, these statutes have not codified New Zealand intellectual property law, and common law principles relating to intellectual property rights are still an important part of the intellectual property framework.

New Zealand has ratified the Trans-Pacific Partnership Agreement (TPP) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).  There are amendments to certain key intellectual property laws, including the Copyright Act 1994 and the Patents Act 2013, which are not yet in force, and are unlikely to come into effect unless the USA and other jurisdictions sign the TPP.

Norway

In Norway, intellectual property rights are governed by various Norwegian laws. Norwegian intellectual property legislation is based on various international agreements and EU directives and regulations implemented through the EEA agreement.

Philippines

As a general matter, intellectual property rights are governed by Republic Act No. 8293, as amended, or the Intellectual Property Code of the Philippines (IPC), along with other laws relating to intellectual property and intellectual property rights.

Poland

The regulations governing intellectual property rights in Poland include:

  • The Industrial Property Law Act (ustawa Prawo własności przemysłowej), which regulates patents, utility models, industrial designs, trademarks and service marks, mask works and geographical indications
  • The Act on Copyright and Related Rights (ustawa o prawie autorskim i prawach pokrewnych), which covers the protection of the rights of authors to their works, the rights of performers to their artistic performances, the rights of producers of phonograms and videograms, and the protection of personal images
  • The Act on Combating Unfair Competition (ustawa o zwalczaniu nieuczciwej konkurencji), which protects trade secrets
  • Regulation (EU) 2017/1001 of the European Parliament and of the Council of June 14, 2017 on the European Union trade mark

  • Council Regulation (EC) No. 6/2002 of December 12, 2001 on Community designs

Portugal

The fundamental intellectual property framework in Portugal is provided in two main acts: the Code of Copyright and Related Rights (Decree-Law no. 63/85 of 14 of March, as amended) and the Industrial Property Code (Decree-Law no.110/2018 of 10 of December).

Romania

As a general matter, intellectual property rights are governed by statutory provisions, which are generally harmonized across the European Union.

Russia

As a general matter, intellectual property rights are governed by Part IV of the Russian Civil Code.

Saudi Arabia

Intellectual property rights are protected by a number of laws that have been passed by Royal Decree and are enforced by the courts. All laws in the Kingdom of Saudi Arabia (KSA) are subject to Shari'a principles.

The KSA generally operates by reference to the Hijri (or Islamic) calendar for official purposes. Careful attention is therefore required when making reference to protection periods and any timeframes associated with the different intellectual property rights, to ensure that relevant deadlines are not inadvertently missed.

Singapore

Intellectual property rights are governed by a body of local legislation in Singapore, such as the Intellectual Property Office of Singapore Act (Cap. 140), Patents Act (Cap. 221), Copyright Act (Cap. 63), Registered Designs Act (Cap. 266), Trademarks Act (Cap. 332), among others (as amended and supplemented from time to time). The Intellectual Property Office of Singapore (IPOS) oversees and advises on the application of this legislation.

Slovak Republic

There is no complex legislative act governing intellectual property rights as objects of legal protection in the Slovak Republic. Instead, intellectual property rights are subject to national law, law of the European Union and international law.

As regards the national regulation, this is divided into various specific legal acts concerning the respective object of intellectual property.

These objects may be:

  • copyright, rights related to the copyright;
  • industrial rights, rights similar to the industrial rights.

In addition, there are several regulations of the European Union on intellectual property which apply in the territory of the Slovak Republic, as one of the member states of the European Union. Also, the directives of the European Union on intellectual property have been implemented into the legal order of the Slovak Republic. The international treaties governing the intellectual property rights, applicable in the Slovak Republic, are stated in the following text as well.

South Korea

As a general matter, intellectual property rights are governed by various Korean intellectual property statutes, including the Patent Act (PA), the Copyright Act (CA), the Utility Model Act, the Trademark Act (TMA), the Design Protection Act, the Unfair Competition Prevention and Trade Secret Protection Act (UCPA) and the Semiconductor Chip Act (SCA).

Spain

The Spanish Constitution establishes in the Article 149.1.9 that intellectual property rights shall be governed by Spanish National Statutes only. Self-Governing Regions (the Spanish equivalent of US states or German Länder) are not entitled to issue laws in this field.

Sweden

Intellectual property rights in Sweden are protected by various laws. Swedish intellectual property legislation is based on various European Union (EU) directives and regulations. The protection of trade secrets is provided for by law.

Switzerland

Intellectual property rights are governed by Federal statutes and by international treaties.

Taiwan, China

Intellectual property is regulated and protected in Taiwan under various laws, such as the Copyright Act for original works of authorship; Trademark Act for trademarks; Patent Act for invention, utility model and design; and the Integrated Circuit Layout Protection Act for integrated circuit layouts. The Civil Code is the basic law for any other intangible property right.

Ukraine

Intellectual property rights in Ukraine are mainly regulated by civil and commercial codes as well as specific laws pertaining to separate intellectual property objects. In addition, Ukraine has ratified a majority of international treaties pertaining to intellectual property rights protection.

Following Ukraine's ratification of the EU Association Agreement, Ukraine is bringing its intellectual property legislation in line with EU standards. Specifically, changes to the regulation of trademarks, inventions and utility models are expected.

United Arab Emirates

In the United Arab Emirates (UAE), intellectual property rights are governed by the following Federal Laws:

  • Federal Law No. 15 of 1980 (Printed Matter and Publishing Law)
  • Federal Law No. 7 of 2002 (Copyright Law)
  • Federal Law No. 17 of 2002 (Patent Law)
  • Federal Law No. 37 of 1992 as amended by Federal Law No. 8 of 2002 (Trademark Law)
  • Federal Law No. 19 of 2016 on Combatting Commercial Fraud (Anti Commercial Fraud Law)

In addition, the UAE is a civil law jurisdiction, so the laws and regulations are codified. Court judgments are not routinely published. Moreover, UAE courts are not bound to follow the prior decisions of superior courts, although they are treated as persuasive. On this basis, it is difficult to predict with a degree of certainty how the law will be applied by the court.

United Kingdom

Intellectual property rights are governed by a variety of statutes and common law. The substantive provisions are generally equally applicable throughout the United Kingdom (comprising England, Wales, Scotland and Northern Ireland). As the UK is currently part of the European Union (EU), some of its intellectual property law derives from EU legislation.

The UK's vote in June 2016 to leave the EU has no immediate consequences and does not affect the position of the UK as an EU member state. There are no immediate changes to IP rights in the UK; however, the scope and status of these rights are addressed in the draft agreement for the UK's withdrawal and, if the draft cannot be finally agreed, will be subject to other changes, in particular as regards EU-wide rights such as the EU trademark.

United States

As a general matter, intellectual property rights are governed by Federal statutes with certain exceptions, such as trade secrets, that are also governed by state law.