Granted Intellectual Property Rights

Once an application progresses to grant or registration, the owner is provided with a monopoly.

The maximum term of this monopoly varies for the type of protection and country, though 20 years is becoming standard for patents and 15 years for registered design rights. Trade Mark rights have no maximum term. Plant variety right terms vary according to the type of plant, while the term of copyright (usually a non-registered right) varies according to a number of factors including the type of copyright work.

The life of a granted or registered right is shortened if the IP owner abandons their grant or registration. Similarly if renewal fees are not paid, the grant or registration will cease. If the grant or registration is revoked, usually by a Court action, its life also terminates.

How the IP owner uses their rights can also affect whether they become susceptible to cessation or revocation. Non-use of granted or registered rights is often a ground for revocation. Misuse of trade marks so they become generic almost inevitably ends in termination of registered IP rights.

Granted IP rights are monopolies granted by the Crown or government. They are enforceable by law, but may be revoked by law if they are misused or were obtained fraudulently.