Intellectual property includes any product of human intellect that it of unique and novel nature with some market value. Intellectual Property in our days dominates the modern world of technology, social development and economic expansion. Intellectual Property laws cover ideas, inventions, literary creations, unique names, business models, industrial processes, computer program codes and more.

Article 2 of the World Intellectual Property Convention of 1968 defines IP as including:

- Literary, artistic and scientific works;
- Performances of performing artists, phonograms and broadcasts;
- Inventions in all field of human endeavour;
- Scientific discoveries;
- Industrial designs;
- Trade marks, 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.

Cyprus I.P. legislation has been widely developed in the past two decades following the emerging needs for the establishment of concrete means of protection of I.P. rights both on a domestic and international level. Cyprus is a signatory to a number of treaties for the propetection of I.P. rights on an international level, and the latest amendments in I.P. law bring Cyprus into line with the acquis communautaire, following its accession in the European Union since the 1st of May 2004. The aforesaid in addition to its geographical and political position have transformed the jurisdiction of Cyprus into a centre for the enforcement of intellectual property rights of countries of Asia and Africa through the whole European territory.

Below each area of I.P. is examined as to its law as to its application and protection under domestic law and very importantly European Union Law.

Trade Marks

The registration and protection of marks in relation to goods and services is governed by the Trade Marks Law, Cap 268, as amended by Laws 63/62, 69/71, 206/90 and 176(I)/2000 and by the Regulations of 1951-1992 as amended. The international classification of goods applies whereby goods and services are categorized into 34 and eight classes respectively.

To register a mark, an applicant or a lawyer in Cyprus must file with the Trade Marks Registrar a full application containing all relevant details, including the name, address and occupation of the applicant, the name and/or picture of the mark and a form signed by the applicant authorizing the lawyer to file the application. A registered trade mark provides a monopoly for its proprietors; the protection will prevent others from trading at the expense of the proprietor's business reputation and thus registering one's trade mark(s) is essential to ensure that the exploitation by the proprietor results in an increase in the mark's value and reputation.

Trade marks are registered for an initial period of seven years and may be renewed on application for 14 years periodically.

Following its accession to the European Union on May 1 2004, Cyprus became a full member of the Office of Harmonization in the Internal Market (Trade Marks and Industrial Designs). Since May 1 2004, applications for the registration of Community trade marks (CTMs) may be filed directly with the Registrar of Trade Marks in Cyprus, while all CTMs registered or applied for before the date of accession will automatically be extended to Cyprus (Council Regulation 40/94 on the Community Trade Mark).

Copyright

The applicable legislation in Cyprus regarding copyright is the Copyright and Neighbouring Rights Law of 1976 (Cap 59), as amended by Laws 63/77, 18 (I)/1993, 54 (I)/1999, 12 (I)/2001, 128(I)/2002 and 128(I)/2004. Rights are recognized for every protected object whose beneficiary or (if there is more than one beneficiary) any one of them is at the time of the creation of the right, or if it is a broadcast, the time of the transmission of the broadcast, a qualifying person, namely:

• a person who is a citizen of the Republic of Cyprus or who habitually resides in the Republic;
• a legal person, established in accordance with the laws of the Republic; or
• a citizen of another member state of the European Union.

Copyright exists in scientific works, literary works including computer software, musical works, artistic works including photographs and an original database for a period of 70 years, commencing from the death of the author. It also exists in films for a period of 70 years, commencing from the death of the last survivor of the following, irrespective of whether they have been appointed conventionally or are considered by law, as co-creators:

• producer;
• primary director;
• script writer;
• screenplay writer; or
• music composer who composes music especially for the film.

The Right of Intellectual Property Law provides remedies for copyright infringement. For the criminal offences listed in the Law, penalties include a fine or imprisonment for up to three years. In addition, the court may order copies of the work in the possession of the alleged offender to be destroyed or delivered to the owner of the copyright. Civil remedies include damages, destruction or delivery of infringing copies and the equipment by which copies are produced, an account of profits and an injunction.

The 2002 amendment of the Copyright Law harmonized Cypriot legislation with the EU Copyright Directive 93/98 which itself harmonized the term of protection of copyright and certain related rights. It implements at the same time other EU Directives on the legal protection of software, rental and lending rights, copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission and the legal protection of databases.

The 2004 amendment establishes a new type of copyright within the framework of the information society. It expands the legal protection afforded in relation 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.

Patents

In Cyprus, the registration and protection of patents is regulated by the Patents Law 16(I)/98, as amended by Laws 21(I)/99, 153(I)/2000 and 163(I)/2002 and by the relevant Patent Regulations of 1999 and 2000.

The Patent Law provides for:

• Applications for a patent, including issue of priority dates and the appropriate examination by the Cyprus Patent Office (a division of the department of the Registrar of Companies and Official Receiver). The Law contains provisions for priority rights in accordance with the Paris Convention for the Protection of Industrial Property for patent applications already filed with other signatory states.
• Acceptance of a patent, based on the criteria that an invention must be novel (that is, not anticipated); must involve an inventive step (that is, not obvious); must be capable of industrial application; and must not be within the excluded categories (that is, discoveries, scientific theories, mathematical methods etc).
• Registration and issue of a patent certificate for an invention that has already been granted by the European Patent Office and indicates Cyprus as a designated state, if filed within the time limits set by the Law.

The 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 further period of up to five years (depending on the first marketing licence of the medicament in Cyprus).

Once a patent has been registered and a certificate of registration granted and published, any persons other than the patentee are expressly prohibited from manufacturing, selling, importing or otherwise commercially exploiting either the patented product or a product obtained by the patented process. In the event of infringement, the patentee may bring an action in court seeking an injunction and/or damages.

Industrial Designs

A newly developed legal concept, both international and domestically, an industrial design is the protection given to industrial objects or works 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 Cypriot government to harmonize Cypriot law with the acquis communautaire, the House of Representatives enacted the Legal Protection of Industrial Designs and Models Law, 4(I)/2002, where previously there was no specific law in force in relation to the protection of industrial designs.

The Law, as amended by Law 70(I)/2003, provides that:

• A design will be protected as long as it is novel, shows individuality and is filed according to the legal provisions.
• A person who seeks protection must file an application at the Office of the Registrar of Industrial Designs (division of the Cypriot Companies Office and Official Receiver).
• As soon as the application and the drawing are examined and from a procedural point of view are in order, within four months from the date of filing the Registrar will grant the relevant certificate. However, the applicant secures the exclusive right to use it, and to prohibit its use by any third person, from the time of the filing of the application.
• The maximum duration of protection of a design is 25 years from the filing date of the application, divided into five periods of five years. The proprietor is entitled to renew the protection for one or more periods up to 25 years just by paying the relevant fees.

There are provisions for a civil action in which an injunction, damages and the destruction of infringing goods may be claimed. Furthermore, in case of fraudulent use of a design or model, a criminal offence is committed which is punishable by imprisonment for up to two years and/or a fine of up to C£5,000 ($10,500).

As with the CTMs, from May 1 2004 applications for the registration of Community designs may be filed directly with the Registrar of Industrial Designs in Cyprus, while all Community designs registered, protected or applied for before the date of accession will be automatically extended to Cyprus (Council Regulation 6/2002 on Community Designs, Commission Regulation 2245/2002 implementing Council Regulation 6/2002 and Commission Regulation 2246/2002 on the fees payable to the Office of Harmonization of the Internal Market (Trade Marks and Industrial Designs) in respect of Community Designs).

Trade Names

Trade names may be registered in Cyprus under the provisions of the Partnerships and Business Names Law, Cap 116. Registration of a trade name is effected by sending to the Registrar of Companies, within one month of the date on which the business in Cyprus is commenced, an application containing the business name, the general nature of the business, the principal place of business in Cyprus, the date of commencement of the business and the name, residence and nationality of the applicant. The Registrar may refuse to register a business name which is comparatively similar to an existing one or is considered to be misleading or confusing.

In the event of infringement of the business name by a third party, the only remedy is an action for passing off under section 35 of the Civil Wrongs Law, Cap 148, claiming damages and/or an injunction.

Once registered, a trade name remains on the register until an application for removal is filed by the trader. Section 57 of the Partnerships and Business Names Law provides that where a firm, individual or corporation has registered a trade name and ceases to carry on business, the Registrar must be informed within one month after the business has ceased. The Registrar will then remove the trade name from the register.

Increasing Importance of I.P. Rights in the European Union

In recent years, IP protection in Cyprus has attracted much attention. This can be attributed mainly to the increasing importance of Cyprus as an international commercial centre and to its recent accession to the European Union, which has resulted in a greater awareness of the need to protect IP rights. The increase in the importance and value of IP assets in the last two decades has increased the risk of IP rights' infringement by other competing businesses; this can result in major costs for IP right owners. Thus, a business must be aware of its IP assets and ensure their protection as much as it ensures their marketing and financial exploitation.