The Right of Intellectual Property Law 59/76, as amended, governs all aspects relating to copyrights in Cyprus and grants every protected object whose beneficiary (at the time of the creation of the right, or in the case of a broadcast, at the point of its transmission) is a qualifying person.

A Qualifying Person is:

A citizen or habitual resident of the Republic
A legal person, established according to the relevant Laws, or
A citizen of another EU member state

Protection against infringement

The Right of Intellectual Property Law provides criminal and civil remedies for copyright infringement. Criminal offences are punishable by the imposition of fines, imprisonment, or a court order demanding that copies of the work in the possession of the offender are destroyed or delivered to their rightful owner. Civil remedies include damages, destruction or delivery-up of infringing copies or the equipment used to produce the copies, an account of profits and an injunction.

Duration of registration and protection

Copyright applies to:

1. Scientific, literary, artistic and musical works
2. Films (for a period of 70 years) commencing from the death of the last survivor, being either a:

• Producer
• Primary director
• Script writer
• Screenplay writer
• Music composer

EU Recent Developments

The 2002 amendment of the Copyright Law harmonizes Cypriot legislation with the EU Copyright Directive 93/98 which itself harmonizes the term of protection of copyright and certain related rights.

The 2004 amendment expands the legal protection afforded to reproductions and contains new provisions on interactive, on-demand broadcasting and rights-management information. In an effort to combat copyright infringement, a further development is the substantial increase in the amount of fines and the term of imprisonment imposed on persons infringing copyright.

Industrial Design Protection through Cyprus

A newly developed legal concept, both internationally and domestically, industrial design is the protection given to industrial objects or work of craftsmanship used or sold in industry. Such objects are protected because they usually increase the marketability, and consequently the value, of a product of which they form part. In line with the efforts of the government to harmonize Cypriot legislation with the acquis communautaire, the House of Representatives enacted the Legal Protection of Industrial Designs and Models Law 4(I) of 2002 (amended by Law 170(I)/2003), where previously there had been no specific law in force in relation to the protection of industrial designs.

For a design to be eligible for protection, it generally needs to be ‘new’ and have an ‘individual character’. Law 4(I)/2002 specifies the following requirements:

1. Novelty
   Section 4(2) provides that a design is considered to be new if, up to the filing or priority date, no identical design or sample has been disclosed to the public. The section defines the meaning of ‘identical’ as designs or samples whose characteristics differ only in minor details.
2. Individual character
   Section 4(3) provides that a design or sample has individual character if the overall impression that it makes on the informed user differs from that made by a design or sample which is disclosed to the public before the filing or priority date. In order to appraise the individual character of a design or sample, consideration is given to the degree of free will of its creator at the time of its creation.
3. Disclosure to the public
   Article 4(4) provides the definition of disclosure to the public. A design or sample is considered to have been disclosed if:
   a. It has been published, through its filing or any other way; or
   b. It has been exposed; or
   c. It has been used in commerce; or
   d. It has been disclosed in any other way.

However, disclosure will prevent a design from receiving protection only when it is used during normal business practice in the area concerned by professionals who operate either within Cyprus or the European Union, before the filing date of the application or the priority date. Additionally, a design or sample is not disclosed to the public when it is disclosed to someone under an explicit or implicit term.

When the design has been disclosed by its creator, beneficiary or a third party acting on their behalf, within the twelve month period before the filing or priority date, this does not invalidate novelty, according to section 4(5)(a). This also applies when the disclosure has taken place as a result of abusive misconduct against the creator or the beneficiary.

Exclusions from protection

The following are not entitled to protection under the Law:

a. A design or sample that is contrary to public order or public morality,
b. A product, whose characteristics of appearance derive exclusively from its technical function

Patent Protection in Cyprus

Our Company undertakes the representation of applicants for the validation of granted European patents. The registration and protection of patents in Cyprus is regulated by the Patents Law 16(I)/98, as amended, and by the relevant patent regulations of 1999 and 2000 (the Regulations).

Requirements for registration

To register a patent, an applicant or a lawyer acting on his behalf must file an application, using the prescribed form, with the Patent Registrar. The application should specify details such as the request for the grant of a patent, personal details of the applicant, inventor and his or her representative, the title of the invention, a description of the invention, a claim as to the extent of the protection being sought, an abstract of the invention and any drawings referred to in the body of the application should also be attached.

Review of the application by the Registrar

Once the application has been filed with the Registrar and the relevant fees paid, the application is sent to an examiner to determine whether it complies with requirements specified by Law. The examiner will then report his findings to the Registrar who will in turn proceed with its publication in the Official Gazette eighteen months after the date of filing.

Registration

Once the application has been approved, the Registrar will proceed with the issue of a patent certificate which will be advertised in the Official Gazette. If the application is refused, the applicant may apply for judicial review of the decision, under article 146 of the Constitution, to the Supreme Court of Cyprus.
Protection against abuse

Once a patent has been registered and the relevant registration certificate granted, any person, other than the patentee, is prohibited from manufacturing, selling, importing or commercially exploiting the patented product or products resulting from it. Where infringement occurs, the patentee has the right to seek remedies in court (an injunction and/or damages).

Duration of registration

A patent, once granted, lasts for a duration of 20 years from the date of the filing of the application and is subject to annual renewal and the payment of renewal fees.
Exhaustion of rights

The Law is restrictive as regards the rights afforded to patent owners. Once a product has been marketed by the patent owner or by others with his express consent, he cannot limit the use or the resale of the product, or prevent acts performed on a non-profit making basis that do not substantially affect the income he derives by virtue of his right.

Priority rights

The Law contains provisions for priority rights in line with the Paris Convention for the Protection of Industrial Property in the case of patent applications already filed with other signatory states. When filing a patent application claiming priority in one or more previous states, the applicant must submit, within a stipulated timeframe, a copy of the initial application, certified by the relevant authority with which the application was originally filed or by the International Bureau of the World Intellectual Property Organization in the case of international applications.

PROTECTION OF TRADEMARKS THROUGH CYPRUS

What is a Trademark?

Trademarks are names or symbols used to identify the origin of some product or service.

Why register a trademark?

A registered trademark gives the exclusive use of that name, providing its owner the capability:

• To create “Trademark Value” (Goodwill), an active intangible for the company.
• To offer licenses and franchises.
• To be differentiated from competitors.
• To be protected from third parties using an equal or similar name, exercising the legal actions that correspond.
• To protect the Internet domain name.
• To impede others attempting to register similar trademarks.
• To have priority over third parties wanting to register their trademarks, in countries which do not require registration.

What are classes?

When registering a trademark you need to specify the products and services that will be associated with your trademark. This system groups all products and services into 45 classes — 34 for products, 11 for services — permitting you to specify precise and clear classes covering your trademark. The protection that is offered to a registered trademark covers only the classes specified at the time of registration, therefore, allowing two identical trademarks to coexist in distinct classes. The agencies governments are in charge of the registration of trademarks for a given class, offering greater protection and greater investment.

In what countries should I register my trademark?

The protection of trademarks is regional; therefore, it is advised to register your trademark in the countries where your business is located or where you plan to be located.

Can I register my domain as a trademark?

Yes, it is possible, and highly recommended that you do that, the reason is that a registered trademark confers you the rights to use your brand not only in the “real” world but also over the Internet. So in case a domain name conflict arises you’ll be in a very strong position to defend your brand.

Protection

A trademark to be protected takes 1-3 years. The certification of a mark is valid for 7 years and is renewable every 14 years thereafter.

Four months after the application is filed it is given a number and 2 years later the trademark is published in the official gazette of the Republic.

Opposition

From the date of the publication of the trademark in the official gazette of the Republic there is a period of 45 days that permits a third party to file his opposition for the registration of the trademark. The opposition must be filed at the Registrar of Trademarks. If the period of 45 days ends and no opposition is filed then the trademark is protected.

Renewal

As already mentioned above, the certification of a trademark is valid for 7 years. At the 7-year period an application can be filed in order to renew the protection of the mark for another 14 years.

Assignment

The proprietor of a registered trademark has the right to assign the rights of use of a trademark to an assignee. The assignee may file an application at the Registrar for the registration of his title provided that he supplies the Registrar with the assignment agreement including all the details and terms.