Intellectual property - Cyprus
The Trademarks Act, chapter 268 (as amended), includes along with the 1951 Trade Marks regulations the basic provisions for the registration of trademarks in Cyprus. Trademarks are protected through recording in a register kept by the Registrar of Companies and Official Receiver.
In Cyprus there is also a process for the registration of international trademarks under the Madrid Agreement and Protocol concerning international registration of trademarks. Cyprus is also a member of the Paris Convention for the protection of Industrial Property.
Property rights encourage investment in innovation and research.
The process is conducted with an application and payment of the required fees.
The Registrar may approve or reject the application. If he rejects it, the applicant has the right to objection, either in writing or with a hearing before the Registrar. The Registrar then decides to either accept or reject the trade mark. In case the trademark is rejected, the applicant may appeal to the Supreme Court within 75 days from the date the Registrar's decision was made public. Where the Registrar issues a positive decision, the trademark is published in the Official Gazette of the Republic.
Third parties are entitled to submit objections to the Registrar within two months from said publication. Should the third party's objection be rejected, the trademark remains and the third party may appeal to the Supreme Court within 75 days. Should the objection be successful, the trademark is not brought for registration to the register and the entire registration process ends. In this case, the applicant may appeal to the Supreme Court within the set time limit from the date the Registrar's decision was made public.
Applications for patents are submitted to the office of the Registrar of Companies and Official Receiver.
The European Patent Office conducts technical research for the patent within a 16 month time period, following a special settlement within the Republic of Cyprus. It issues a report that is delivered to the applicant, who then submits it to the Registrar. The Registrar proceeds, in accordance with the report, with the registration of the patent. Application for revocation of a patent is made to the Supreme Court. Otherwise, the patent remains at the register of the Registrar for up to 20 years, renewable on an annual basis, for which the relevant fee is paid.
In Cyprus, applications for European patents may be made as many European patents are registered in Cyprus for local protection. In such cases the holder of the European patent pays annual renewal fees to the European Patent Office.
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