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Intellectual Property Law of Cyprus

The Intellectual Property Law of Cyprus covers a wide range of processes, ideas, and inventions. It protects creators, owners, and authors from transgression and consumers who rely on the safety, reliability, and authenticity of products. This article will tell you what intellectual property is, how it is defined in terms of Cyprus law, what laws govern intellectual property rights, and what types of intellectual property exist.

What laws govern intellectual property rights in Cyprus?

Body of Common Laws

In Cyprus, Intellectual property protection is provided by common law. The legislation is quite complex and contains the following legal framework:

  • The Patent Law, 16/98;
  • The Trademark Law, as amended several times by Law Number 63/62, Law Number 69/71, and Law Number 206/90;
  • The Partnership and Trade Name Law;
  • The United Kingdom Designs Act;
  • The Intellectual Property with amendments 63/77 and 18/93.

Since Cyprus is a part of the European Union and is a member of the World Intellectual Property Organization, the country is also subject to international regulations:

  • Paris Convention for the Protection of Industrial Property;
  • Berne Convention for the Protection of Literary and Artistic Works;
  • International Copyright Law.

Copyright symbol

Copyright is protected by the Intellectual Property Law 59/76 of Cyprus, which has been amended by Laws Number 63/77 and Number 18/93 over the years. Copyright protection extends to residents, legal entities, offshore companies registered in Cyprus, and foreigners residing in the country.

According to the international conventions on intellectual property signed by Cyprus, foreign innovations are also recognized on the island. Copyright is protected throughout the life of the author and 50 years after his or her death. However, certain intellectual works may be protected for a shorter period of time.

Patent protection in Cyprus

Patents are subject to the Patent Law of Cyprus last amended in April 1998. The law established an independent body where patents could be registered - the Patents Register of Cyprus. Its responsibilities include recording all patents and publishing them in the Official Gazette of the Cyprus Republic.

Cypriot patents are renewed annually and are protected for 20 years as long as renewal fees are being paid. According to the latest amendments, patents in Cyprus can be compulsorily licensed.

Trademark registration in Cyprus

Trademarks are subject to the Trademark Law. Cypriot trademarks can only be registered if they are authentic. Trademarks must be registered in the Trademark Registry. However, only a Cypriot lawyer can apply for registration. Trademarks are protected for 7 years after registration and after that every 14 years.

Amendments to the Intellectual Property Law of Cyprus

In 2012, Cyprus introduced an intellectual property system to create a competitive environment in the research and development industry. Lower taxes are a key element of the amendments. According to the Income Tax Law, the new 2% tax rate makes Cyprus one of the most attractive jurisdictions for intellectual property income. The new law exempts dividends distributed by a Cypriot company to foreign shareholders from taxation and dividends from intellectual property rights.

Definition of intellectual property

Unlike the ownership of cars, houses, and other objects, an individual or legal entity’s intellectual property extends to the creations of the human mind: invention, design, mark, work of art, etc.

Intellectual property protection gives their owners the exclusive or unique right to use their creations. In addition, owners can take steps to protect their intellectual property in cases of illegal or unauthorized copying and use by third parties.

Intellectual property is a valuable asset that contributes to generating profit from the business and further development through commercial exploitation and the sale of rights-of-use to third parties.

Types of intellectual property and their difference from each other

Production of Ceramics

According to the laws of Cyprus, there are 4 types of intellectual property:

Patent. A patent protects new inventions. For example, it can be innovative products, innovative processes, and enhancement of product performance or production method. Before granting a patent, the respective invention has to be brand-new, involve an innovative process, and allow industrial application.

A trademark is intended to distinguish one company’s products and services from others’ products and services. A trademark can be a word, shape, image, sound, color, or any combination of the above. You can read more about trademarks in this article.

An industrial design protects the appearance of a product or a part of it.

Copyright is an automatic right that protects, among other things, literary, audiovisual, musical, theatrical, architectural, and other works of art, films, databases, recordings, programs, publications of previously unpublished works, and computer programs.

The differences between the types of intellectual property are clearly shown in the table:

Attributes

Patent

Trademark

Industrial design

Copyright

Maximum protection period

20 years

Medicines or plant protection products: the period can be extended up to 25 years.

Medicines for children: the period can be extended up to 25 years and 6 months

Unlimited

25 years

Varies depending on the nature of the work up to 70 years from the death of the author

Registration fee

EUR 230 for a national patent.

EUR 100 for the confirmation of the European patent in the Republic of Cyprus.

The cost of international patent registration changes from year to year

EUR 150 per class (including the cost of issuing a certificate)

EUR 85,43

Automatic protection, no registration fee

Renewal period

Annually, starting from the 3rd year

Every 10 years

Every 5 years

Automatic protection without renewal

What can be protected

Innovative inventions, new processes, a new way of working with a product

A logo or a name that distinguishes a product, service, business, or trademark

The appearance of a product or a part of it

A book, article, script, song, choreography, architecture, software, database, painting, photograph, or other work of art

Who is asking for protection

Inventors

Entrepreneurs, service providers, product owners

Designers, product owners

Writers, artists, architects, and other performing artists

Benefits of Protection

Patenting provides exclusive rights to use the invention for the entire duration of the certificate.

Obtaining a trademark registration certificate enhances the ability of protection against transgression and commercial and economic use of the trademark.

Registration of an industrial design provides exclusive rights to use it during the entire registration period

Automatic protection against violations when using the copyright

 

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