Our Office is committed to providing legal advice and assistance in matters relating to intellectual property law, only on behalf of the owners of such rights or their representatives, including:
- Literary, artistic and scientific works
- Performances of performing artists, phonograms and broadcasts
- Inventions in all fields of human endeavour
- Scientific discoveries
- Industrial designs
- Trademarks, service marks, and commercial names and designations
- Protection against unfair competition and
- All other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.
The applicable legislation in Cyprus regarding Copyright is the Copyright and Neighbouring Rights Law of 1976 to 2004 (CAP. 59). Cyprus copyright law provides:
- Protection to literary (including computer software), dramatic, musical, artistic, scientific works and films (for the duration of life of the author or creator plus 70 years). Also, protection to database (duration 15 years), sound recordings and programs (duration: 50 years), and publications of otherwise unpublished works (duration: 25 years).
- Recognition of neighbouring rights
- Licensing and royalty payments
- Infringement leading to damages or even high criminal penalties
Trademarks in Cyprus
The Cyprus trademark legislation comprises of the Cyprus Trademark Law , Cap. 268, as amended. It now follows European trends and decisions of the Official Trademark Offices.
According to Cyprus Trademark Law, Trademarks are “… any signs capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods, provided that such signs are capable of distinguishing goods and services of one undertaking from those of other undertakings”. A registered trademark provides a monopoly to its proprietors. The protection will prevent others from trading at the expense of the proprietor’s business reputation and thus registering ones trademark(s) is essential for ensuring that its exploitation by the proprietor results to an increase in the trademark’s value and reputation.
The Cyprus Registrar of Trademarks’ Office is the official governmental body authorized to register trademarks filed in Cyprus. This body is responsible for the protection, examination and finally the issuing of a trademark Certificate of any sign/mark that is filed, and which is capable of being presented graphically and satisfies the examiners that it distinguishes the goods or service of one proprietor (the applicant) from those of another. The Certificate of registration of a trademark in Cyprus is valid for 7 years from the application date, and can be further renewed every 14 years.
Community Trade Mark (CTM – EU)
Cyprus also became a member of The Office for Harmonization in the Internal Market (OHIM) for the registration and protection of Trade Marks and Industrial Designs within the European Community. This means that an Individual or legal entity can apply for the registration of a Community Trade Mark or a Community Industrial Design at OHIM and finally, simply through this application, acquire a Registration Certificate that secures the protection of such IP right (Trade Mark or Industrial Design) in all twenty seven member states of the European Union.
Cyprus became a member of the World Intellectual Property Organization (WIPO) and of numerous other International Conventions and Treaties regarding Intellectual Property Rights.
Our firm undertakes the registration of community trade marks with the Office for Harmonization in the Internal Market (OHIM) and the registration of international trade marks with the World Intellectual Property Organization (WIPO).
The Cyprus legislation concerning Patents includes the Patent Law , Law-16(I)/1998, as amended. The Patent Law provides for:
- Applications for a patent, including issues of priority date and the appropriate examination by the Cyprus Patent Office.
- Registering and issuing a Patent Certificate of an invention that has already been granted by the EPO and indicates Cyprus as a designated state, if filed within the time limits set by the Law.
The duration/life of a patent is 20 years from its filing date, with the exception of pharmaceuticals that may be granted a Supplementary Protection Certificate (SPC) of a maximum further period of 5 years.
The Legal Protection of Industrial Designs and Models Law , Law-4(I)/2002, as amended provides that:
- A design will be protected as long as it is new, shows individuality and is filed according to the provisions of the Law.
- A person who seeks protection must file an application at the Office of the Registrar of Industrial Designs.
- As soon as the application of the drawing is examined and is found to be proper, from a procedural point of view, the Registrar will grant, within four months from the date of filing, the relevant Certificate. However, the applicant secures the exclusive right to “use” the design and to prohibit its use by anyone else, from the time of the filing of the application.
- The design or model is protected for the period of 5 years, as from its filing date, which may be renewed every 5 years upon the payment of the relevant fees, for a maximum period of 25 years.
There are provisions for a civil action in which injunctions, damages and the destruction of infringing goods may be claimed.