A Practical Overview

Intellectual property is an increasingly important asset for businesses operating across borders. From brand names and technology to creative works, product designs and confidential business information, understanding how intellectual property is protected in different jurisdictions is an important consideration for organisations with an international presence.

In this member insight, LEI member firm Lellos P. Demetriades Law Office LLC provides an overview of the intellectual property framework in Cyprus, looking at the principal forms of protection available and some of the practical considerations for businesses and creators.

Cyprus has a comprehensive legal framework covering a wide range of intellectual property rights. Some rights arise automatically, while others require registration before they can be enforced.

Copyright

Copyright in Cyprus is primarily governed by the Copyright and Related Rights Law of 1976 (Law 59/1976), as amended.

Protection extends to a broad range of original works, including literary and scientific works, computer programs, musical and artistic works, photographs, films and audiovisual works, databases, sound recordings, broadcasts and press publications.

Creators also benefit from moral rights, including the right to be credited and the right to object to alterations that could harm the author’s honour or reputation. There is no express provision in the relevant Cyprus legislation allowing moral rights to be waived, and these rights last for the lifetime of the author rather than passing to their heirs.

Unlike some other intellectual property rights, copyright does not require registration in Cyprus. It arises automatically where two conditions are satisfied: the work is original and is the product of the author’s own intellectual effort, and the work has been fixed or recorded in some form.

Cyprus is also a signatory to the Berne Convention, extending copyright protection across member countries in accordance with the principle of national treatment.

In most cases, copyright lasts for the lifetime of the author plus 70 years, although different periods apply to certain categories including sound recordings, broadcasts, performances and databases.

Although registration is not required, practical steps can help establish ownership and provide evidence. These can include the use of a copyright notice, depositing a work in an online repository such as iDepot to obtain time-stamped confirmation, or retaining other dated evidence demonstrating when a work was created.

Patents

Patents protect inventions and, under the Patents Law of 1998 (Law 16(I)/1998), as amended, an invention must satisfy three key requirements:

• Novelty: the invention must be new.
• Inventive step: it must not be obvious to a skilled person in the relevant field.
• Industrial application: it must be capable of practical use.

Patent protection applies to technical solutions rather than ideas themselves. Examples can include mechanical devices, pharmaceuticals, industrial processes and technological innovations.

An important consideration is confidentiality. Public disclosure of an invention before filing can destroy its novelty and potentially make patent protection impossible. Non-disclosure agreements may therefore be appropriate when discussing an invention with third parties before an application is made.

Patent applications can be filed nationally in Cyprus, regionally through the European Patent Office, or internationally under the Patent Cooperation Treaty.

Patent protection generally lasts for 20 years, provided annual renewal fees are paid. Where a patent concerns a medicine or plant protection product, protection can last for up to 25 years, again subject to payment of the relevant annual fees. A further six months of protection may be available for certain paediatric medicines.

Trademarks

A trademark identifies the commercial origin of goods or services and can include logos, brand names, slogans, signatures or stylised names and certain shapes or packaging elements.

Cyprus operates a multi-class system, allowing a single application to cover several categories of goods and services.

Unlike copyright, trademarks must be registered to be enforceable. Applications can encounter two types of obstacles: absolute grounds, such as a sign being descriptive or generic, and relative grounds, where the proposed mark conflicts with earlier registered or unregistered rights.

Trademark protection is territorial. Rights can be obtained nationally, through the EU Intellectual Property Office for EU trademarks, or internationally through the Madrid System.

Importantly, the Madrid System does not create a single trademark providing automatic worldwide protection. Applicants must designate the individual countries in which protection is required.

Once registered, a trademark lasts for ten years and can be renewed indefinitely in further ten year periods.

Industrial designs

Industrial design rights protect the appearance of a product, including its shape, lines, contours, colour or ornamentation.

In Cyprus, protection is available under the Legal Protection of Industrial Designs Law of 2002 (Law 4(I)/2002), as amended.

For protection to apply, a design must possess both novelty and individual character. These criteria are not assessed when the application is initially filed but may be considered if the validity of the design is subsequently challenged.

Registered protection can be obtained nationally, at EU level or internationally through the Hague System.

At EU level, protection may also be available for unregistered designs. This protection arises when the design is disclosed in the EU and lasts for three years.

Registered designs initially receive five years of protection and can be renewed in five-year periods for a maximum of 25 years.

Trade secrets

Not every valuable business asset needs to be registered.

Trade secrets are protected in Cyprus under the Protection of Undisclosed Know-how and Business Information (Trade Secrets) against their Unlawful Acquisition, Use and Disclosure Law of 2020 (Law 164(I)/2020), as amended.

They can cover confidential business information with commercial value because it remains secret, including formulae, processes, algorithms, client lists and marketing strategies.

Trade secrets do not require registration, are not limited by territory and can remain protected for as long as the information remains secret.

However, the owner must be able to demonstrate that reasonable steps have been taken to preserve confidentiality. Measures can include NDAs, access controls and confidentiality provisions within employment contracts.

Domain names

Although domain names are not traditional intellectual property rights, they can be important commercial assets, particularly in relation to branding and a business’s online presence.

Domain names can be registered nationally, including .cy domains through the University of Cyprus, regionally through domains such as .eu, or internationally through domains such as .com and .net.

They require periodic renewal, while dispute resolution mechanisms such as UDRP procedures are available for certain disputes involving bad-faith registrations or cybersquatting.

Business and trade names

A business or trade name is the name under which an individual or company conducts business.

In Cyprus, registering a business name with the Registrar of Companies is not the same as registering a trade mark and does not automatically provide trade mark-level protection over the name.

Businesses for which their name and brand are important may therefore choose to register both a business name and a trade mark.

Geographical indications

Geographical indications and protected designations of origin protect products whose quality or reputation is linked to their geographical origin.

These rights have particular relevance in Cyprus, including the protected designation of origin for halloumi cheese.

Who owns the intellectual property?

Identifying who actually owns intellectual property can be just as important as establishing what protection is available.

For copyright, for example, the default position can vary depending on how the work was created.

For commissioned works, ownership does not automatically transfer to the person or organisation commissioning the work unless this is provided for in a written agreement.

Works created during the course of employment will typically belong to the employer, although contracts should make the position clear.

More generally, businesses should consider intellectual property ownership when preparing contracts, assignments and NDAs, particularly where ideas or information are being shared with other parties for evaluation or funding.

Protecting and enforcing IP rights

Obtaining or identifying an intellectual property right is only part of the process. Businesses also need to consider how those rights will be protected and enforced.

Practical measures can include customs applications for action, enabling authorities to detain suspected counterfeit goods; trade mark watch services to identify potentially conflicting applications; monitoring online marketplaces and social media; and taking timely legal action where infringement occurs.

A single product, service or creation may also involve several overlapping intellectual property rights. Identifying each of those rights and understanding how they interact can therefore be an important part of protecting the overall commercial value of an asset.

An international consideration

For businesses operating internationally, intellectual property protection needs to be considered across the jurisdictions in which they operate, sell, develop products or intend to expand.

The Cyprus framework aligns closely with EU legislation and international standards, but the nature of IP rights means that the route to protection can differ depending on the asset concerned.

Understanding whether a right arises automatically, requires registration or depends upon steps being taken to preserve confidentiality is therefore an important part of managing intellectual property effectively.

This article is based on an insight originally produced by LEI member firm Lellos P. Demetriades Law Office LLC in Cyprus.

Read the original article from Lellos P. Demetriades Law Office LLC: Intellectual Property Rights in Cyprus – Lellos P. Demetriades Law Office LLC

This article is intended for general informational purposes only and does not constitute legal advice.