INTELLECTUAL PROPERTY RIGHTS IN FINLAND
First Renewal Term
Subsequent Renewal Term
The Trademarks Act of May 1, 2019 - is the primary law governing the mechanism of trademark registration and protection in Finland.
For getting a trademark registered in Finland, an application is filed at the Finnish Patent and Registration Office (PRH), which administers the entire trademark registration process.
It follows a 'first-to-file' system, which means that registration is mandatory for protection.
Finland follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
The opposition period is two (02) months from the publication of the trademark application.
For the trademarks filed on or after May 1, 2019, the duration of trademark protection is ten (10) years from the application date. The registration is further renewable indefinitely for successive periods of ten (10) years each .Before May 1, 2019, the duration of trademark protection was ten (10) years from the date of registration.
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.
Finland is a member of the Paris Convention for the Protection of Industrial Property.
The Patents Act, 1967 - deals with the mechanism of patent protection in Finland.
For seeking patent protection in Finland, an application has to be filed with the Finnish Patent and Registration Office (PRH), which administers the entire process of patent grant.
In Finland, 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.
In Finland, pre-grant opposition against a patent application cannot be filed.
Patents in Finland are valid for twenty (20) years from the filing date.
The due date for payment of annual fees is the last day of the month containing the anniversary of the filing date. Annual fees become due from the first year; however, the fees for the first and second year are payable alongside the fee for the third year when it becomes due. The annual fee cannot be paid earlier than six (06) months before the due date.
Late payment is possible within six (06) months after the due date, provided that a 20% surcharge is paid.
The Registered Designs Act, 1971 - governs and deals with the mechanism of registration of industrial designs in Finland.
An industrial design application has to be filed with the Finnish Patent and Registration Office (PRH), which administers the entire process of design grant.
The types of industrial design applications that can be filed in Finland include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in the nation.
Pre-grant opposition against industrial design cannot be raised in Finland. Post-grant opposition can be made in writing to the registering authority within two (02) months from the date of publication of the registration in the Design Gazette.
The total duration of industrial design registration in Finland 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.
The grace period for renewal is six (06) months after the expiration along with an additional fee.
Finland is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Copyright Act, 1961 - is the basic legislation governing copyright protection in Finland.
In Finland, copyright comes into existence as soon as the work is created. No formality is required to be done for obtaining copyright protection as there is no voluntary procedure available.
Copyright subsists until seventy (70) years have elapsed from the year of the author's death or, in the case of a work of joint authorship, from the year of the death of the last surviving author.
Copyright in a cinematographic work subsists until seventy (70) years have elapsed from the year of the death of the last survivor among: the principal director, the author of the screenplay, the author of the dialogue, and the composer of music specifically created for use in the cinematographic work.
Copyright in a musical work with lyrics, when the lyrics and music have been specifically created for the work, subsists until seventy (70) years have elapsed from the death of the last surviving lyricist or composer, whether or not they have been appointed as the authors of the musical work with lyrics.
Copyright in a work made public without mention of the author's name or generally known pseudonym or pen name subsists until seventy (70) years have elapsed from the year in which it was made public.