INTELLECTUAL PROPERTY RIGHTS IN URUGUAY

The Trademark Law Nº 17.011 of 25th September 1998 - is the primary law governing the mechanism of trademark registration and protection in Uruguay.
For getting a trademark registered in Uruguay, an application has to be filed with the Trademark Office of Uruguay, which administers the entire trademark registration process.
Trademark protection is obtained by registration in Uruguay, under its first-to-file system.
It follows the 11th edition of Nice Classification. Multi-class trademark applications are acceptable.
The third parties can file opposition actions against a trademark application within thirty (30) days following its publication date in the official gazette.
In Uruguay, registered trademarks have a validity of ten (10) years from the date of registration, 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 (or when the use was interrupted for more than five (05) years).

Uruguay is a member of the Paris Convention for the Protection of Industrial Property. It is not a signatory to the Patent Cooperation Treaty (PCT).
The Patent Act of 1999 deals with the mechanism of patent protection in Uruguay.
For seeking patent protection in Uruguay, an application has to be filed with the Uruguayan Patent Office, which administers the entire process of patent grant.
In Uruguay, 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, Convention Application, and Divisional Application.
In Uruguay, an opposition against a patent application can be raised at the pre-grant stage within two (02) months approximately following its publication. An opposition can also be raised at the post-grant stage any time after the grant of the patent.
The patent of invention lasts for twenty (20) years in Uruguay. The first annuity will be due in the 1st year, and the last annuity will be due in the 20th year. The payment of annuities must be made within two (02) months before the due date. There is also a grace period of six (06) months for the payment of annuities.

Law No. 17.164 on Invention Patents, Utility Models, and Industrial Designs governs and deals with the mechanism of registration of industrial designs in Uruguay.
The types of industrial design applications that can be filed in Uruguay include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in the nation.
Opposition against an industrial design application can be raised within one (01) month from the date of publication of the industrial design.
The total duration of industrial design registration in Uruguay is fifteen (15) years from the date of application. The initial registration term is five (05) years, which is further extendible for two (02) 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.
There is no grace period to renew a registered industrial design.

Uruguay is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention, the TRIPS Agreement, and the WIPO Copyright Treaty.
The Law No. 9.739 of December 17, 1937, on Literary and Artistic Property (as amended up to Law No. 18.046 of October 24, 2006) - is the basic legislation governing copyright protection in Uruguay.
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.
Copyright in anonymous and pseudonymous works subsists until seventy (70) years after the work is made available
Copyright in collective work subsists until seventy (70) years from the publication of the work.