1 January 2010CopyrightPhivi Tramountanelli

Business brief 2010: Cyprus

Patents

How do you register or secure patent rights, and is national or international coverage most appropriate?

To secure a patent right in Cyprus, you need to validate it with the Cyprus Patent Registrar. This can be done nationally, internationally or on a European basis.

Business methods and software are not patentable under Cyprus Patent Law. Biotechnology was not patentable under Cyprus Patent Law until it was amended by law 163(I)/2002. This right is much more difficult to enforce than others since one needs a permit in order to be able to use a biotechnology patent. Also there are special requirements for the description of biotechnology patents.

What are the costs of registering a patent, and what are the costs of defending it?

To validate a patent in Cyprus costs approximately €700 and, once validated, the patent must be renewed each year.

The annuities vary depending on the year. Is there anything unusual about the patent law that companies should be aware of—what are the most common mistakes businesses make?

There are no specialised courts in Cyprus that deal with intellectual property rights. Our courts have the minimum standard of expertise and knowledge, as very few cases involving patents actually reach the district courts or the Supreme Court.

Cases are usually settled at the time of the application for an interim order (injunction). However, some cases proceed to full trial. The parties are expected to provide experts in the area of the specific patent in question who can explain to the judges the technical aspects of the patent.

What are the key threats to patent owners, and what is the best strategy if you suspect someone is infringing your patent?

The key threat to patent owners is infringement. The most effective way for a European patent holder whose rights cover Cyprus to enforce its rights in Cyprus would be to file a court application for a freezing order until its case is heard in court.

An infringement action is tried by the district court of the district where the action arose, and the Supreme Court has jurisdiction over appeal. The court may also issue an injunction. Proceedings must commence within five years of the infringing act.

Trademarks

How do you register or secure trademark rights, and what protection does it grant?

The national procedure is to apply to the Cyprus Trademark Office, submitting the completed application with photos and a power of attorney. The protection begins from the date of submission of the application for the registration of a trademark.

What are the costs of registering a trademark, and what are the costs of defending it?

The cost of registering a trademark nationally in one class is approximately €300. The costs of defending it depend on the specifics of the case.

What are the key threats to trademark owners (counterfeiting, passing-off, online infringement, etc.), and what is the best strategy for dealing with infringement?

Counterfeiting is the major threat.

Owners of registered trademarks can commence court actions for both infringement and passing-off (as defined by the Civil Wrongs Law).

Under the Trademarks Law, the owner of a registered trademark has the exclusive right to use the mark in relation to the goods for which it is registered. This right is infringed when an unauthorised third party uses a mark that is identical to the registered mark—or that so closely resembles it as to be likely to deceive or cause confusion—in the course of trade in relation to any goods for which it is registered (or in relation to dissimilar goods if the registered trademark is famous) and in such a manner that it is likely to be regarded either:

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