INTELLECTUAL PROPERTY RIGHTS IN ICELAND

The Icelandic Trademark Act No. 45/1997 - is the primary law governing the mechanism of trademark registration and protection in Iceland.
For getting a trademark registered in Iceland, an application has to be filed with the Icelandic Intellectual Property Office (‘ISIPO’), which administers the entire trademark registration process.
It follows a 'first-to-use' system, which subjects to presenting evidence of prior use of the mark in the country.
Iceland follows the 11th edition of Nice Classification. Multi-class trademark applications are not acceptable.
The third parties can file opposition actions against a trademark application within two (02) months following its publication date in the official bulletin.
In Iceland, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed 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.

Iceland is a member of the Paris Convention for the Protection of Industrial Property, the European Patent Organization, and the Patent Cooperation Treaty (PCT).
The Patents Act No 17/1991 - deals with the mechanism of patent protection in Iceland.
For seeking patent protection in Iceland, an application has to be filed with the Icelandic Intellectual Property Office (‘ISIPO’), which administers the entire process of patent grant.
In Iceland, 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.
Pre-grant opposition against a patent cannot be filed in Iceland.
Patents last for twenty (20) years. The renewal fee has to be paid every year. Payment can still be made together with a 20% surcharge for late payment, before the expiration of the sixth month after the month containing the anniversary of the filing date.

The Designs, Act, 21/05/1993, No. 48 - governs and deals with the mechanism of registration of industrial designs in Iceland.
For getting an industrial design registered in Iceland, an application has to be filed with the ISIPO, which administers the entire process of registration.
The types of industrial design applications that can be filed in Iceland include Non-Convention Application and Convention Application.
Opposition against an industrial design application can't be raised in Iceland.
Registered protection of a design shall last for a period of five (05) years from the date of filing of the application. Registration may be renewed for periods of five (05) years each up to a total term of protection of twenty-five (25) years.
The time frame for payment of the renewal fee before the due date is three (03) months.
The grace period to renew a registered industrial design is six (06) months.

Iceland is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Copyright Act (Act No. 73/1972 of May 29, 1972 - is the basic legislation governing copyright protection in Iceland.
In Iceland, copyright comes into existence as soon as the work is created. There is no formal procedure laid down for getting copyright protection.
Copyright lasts until seventy (70) years have elapsed from the start of the year after the author's death.
For works of joint authorship, copyright lasts until seventy (70) years have elapsed from the last surviving author's death.
Copyright for musical compositions with words, where the words and music were written specifically for the work, lasts for seventy (70) years from the start of the year after the death of the last survivor of the lyricist and the composer.
Copyright for cinematographic works lasts until seventy (70) years from the start of the year after the death of the last survivor of the principal director, writers, including the dialogues, composers of the music composed, especially for use in the cinematographic works.
A performer's right in a performance expires fifty (50) years from the end of the year in which the performance occurred, or, if a recording of the performance has been distributed to the public, fifty (50) years from the end of the year in which the recording was first distributed.