Not applicable for this jurisdiction.
Mask works / topographies
Duration of right
Angola
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 first 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 first 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 first commercially exploited and the calendar year of the filing date of the application. A registration must be filed within 2 years of first commercial exploitation.
Chile
The protection of topographies of integrated circuits lasts 10 years from the date of filing 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
A right 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
- At 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 topographies 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 topographies or semiconductor was created, provided that 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.
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