Duration of Intellectual Property Rights in South Korea, the United States, China, and Japan
pine patent
August 25, 2024
Intellectual Property (IP) has become a crucial pillar of today's economy and industry. The acceleration of technological innovation and creative activities highlights the importance of protecting intellectual property, as countries strive to enhance their economic competitiveness through these protections. South Korea, China, Japan, and the United States are influential players in the global IP market. Today, we will compare the validity periods of patents, trademarks, designs, and copyrights across these countries.
Patents
A patent is an exclusive right granted by a country to an inventor for a new invention. This right allows the inventor to exclusively use the invention for a certain period, preventing others from manufacturing, selling, using, or importing the invention without permission. Patents typically apply to technical ideas such as processes, machines, manufactures, or compounds.
In South Korea, Japan, the United States, and China, the validity period for patents is uniformly set at 20 years from the filing date. This period has been maintained in line with international standards.
For utility models, South Korea, Japan, and China apply a validity period of 10 years from the filing date. The United States does not have utility model protection.
Trademarks
Trademark rights are granted for marks used to identify the source of goods or services. Trademarks can take various forms, including letters, shapes, symbols, colors, and three-dimensional figures. The trademark owner has the exclusive right to use the trademark, which is closely related to brand protection, helping consumers easily recognize the origin of specific goods or services.
In South Korea, Japan, the United States, and China, the validity period for trademark rights is set at 10 years from the registration date, with the possibility of indefinite renewals.
Design Rights
Design rights are granted for the appearance of products, including their shape, configuration, color, and texture. These rights provide exclusive use of a design that is original and new, focusing on protecting the aesthetic or decorative elements of a product.
The validity period of design rights varies by country.
Copyrights
Copyrights are rights granted to creators of literary, artistic, musical, film, computer software, and other creative works. Copyright holders have the exclusive right to reproduce, distribute, perform, transmit, and display their creations and can prevent unauthorized use. Copyrights are automatically granted upon the creation of a work, provided it has a unique form of expression, and protection is available without registration.
In South Korea, Japan, and the United States, copyrights are protected for 70 years after the author's death. In South Korea, works of joint authorship are protected for 70 years after the death of the last surviving author. In Japan, films are protected for 70 years after their publication.
The United States has complex rules for works published before 1978.
In China, copyrights are protected for 50 years after the author's death, with joint works protected for 50 years after the last surviving author’s death.
Global Standards and Differences in IP Protection
While the validity periods of intellectual property rights in South Korea, Japan, the United States, and China are generally similar, some differences arise due to each country's industrial characteristics and legal traditions. These differences are deeply intertwined with global market competition strategies. In areas such as technological innovation, brand value, design creativity, and the protection of creative works, intellectual property is a key factor in determining national competitiveness.
