INTELLECTUAL PROPERTY RIGHTS IN ESTONIA
First Renewal Term
Subsequent Renewal Term
The Trademark Act of 1st May 2004 - forms the legal basis for trademark protection and registration in Estonia.
For getting a trademark registered in Estonia, an application has to be filed with the Patent Office, which administers the entire trademark registration process.
It follows a 'first-to-file' system, which subjects trademark registration mandatory to be granted rights over a trademark.
Estonia follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
The opposition period at the Board of Appeal is two (02) months from the publication date of the notice concerning a decision to register the trademark.
A trademark registration is valid for ten (10) years from the application date. The registration is further renewable indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.
Estonia is a member of the Paris Convention for the Protection of Industrial Property.
The Patent Act, 1994 - deals with the mechanism of patent protection in Estonia.
For seeking patent protection in Estonia, an application has to be filed with the Patent Office, which administers the entire process of patent grant.
In Estonia, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
There is no provision for filing a pre-grant opposition in Estonia.
The term of patent protection is twenty (20) years from the date of filing of the patent application.
Annual fee is required be paid within six (06) months before the last day of the calendar month when the corresponding year of validity begins; the annual fees for the first, second, and third year of validity are required to be paid simultaneously within six (06) months before the due date of the annual fee for the third year of validity.
The Industrial Design Protection Act, 1997 - governs and deals with the mechanism of registration of industrial designs in Estonia.
For getting an industrial design registered in Estonia, an application has to be filed with the Estonian Patent Office, which administers the entire process of registration.
The types of industrial design applications that can be filed in Estonia include Non-Convention Application and Convention Application.
Opposition against an industrial design application cannot be raised in Estonia.
The total duration of industrial design registration in Estonia is twenty-five (25) years from the date of application. The initial registration term is five (05) years, which is further extendible for four (04) terms of five (05) years each upon payment of the renewal fee.
The time frame for payment of the renewal fee before the due date is six (06) months.
Late renewal is normally available within six (06) months grace period with surcharge.
Estonia is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Copyright Act, 1992 - is the basic legislation governing copyright protection in Estonia.
In Estonia, copyright comes into existence as soon as the work is created. No formality is required to be done for getting a copyright. There is no official register for copyright in Estonia.
The standard copyright protection term lasts for the lifetime of the author plus seventy (70) years following his death. However, the duration of copyright protection varies depending on the type of work.
The term of protection of copyright in a work created by two or more persons as a result of their joint creative activity is the life of the last surviving author plus seventy (70) years following his death.
In the case of anonymous or pseudonymous works where the author does not become known, the term of protection of copyright runs for seventy (70) years after the work is lawfully made available to the public.
The term of protection of copyright in an audiovisual work expires seventy (70) years after the death of the last surviving author.