Enforcement of Intellectual Property Rights in Cyprus

Abstract

NATIONAL LAW IMPLEMENTING THE ENFORCEMENT DIRECTIVE A. PRIMARY AND SECONDARY LAW The following laws have been enacted in Cyprus to implement Directive 2004/48/EC of the European Parliament and the Council of 29 April 2004 (the “Enforcement Directive”) in relation to the enforcement of intellectual property rights: – The Copyright Law Number 123(I)/2006 – The Trade Marks Law Number 121(I)/2006 – The Legal Protection of Industrial Designs and Models Law Number 119(I)/2006 – The Patents Law Number 122(I)/2006. All four laws took effect on 28 July 2006 on their publication in the government gazette, some three months aft er the implementation date set out in the Enforcement Directive. They complemented existing legislation, namely: – The Intellectual Property Rights and Related Rights Laws of 1976, as amended – The Trade Marks Law, Cap. 268, as amended – The Legal Protection of Industrial Designs and Models Law 4(I)/2002, as amended – The Patents Law 16(I) of 1998, as amended. B. TRANSPOSITION ISSUES Other than the slight delay in implementation, there were no transposition issues. To a great extent, the Cyprus IP laws have transposed the provisions of the Enforcement Directive and provide all of the measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights in a fair, equitable and effective manner. C. ASSESSMENT REPORTS ON THE IMPLEMENTATION There are no indications that any assessment reports on the implementation of the Enforcement Directive were made in Cyprus. In July 2017, the European Intellectual Property Office organised a regional seminar in Cyprus on the enforcement of intellectual property rights to update law enforcement authorities on the ongoing developments in the field of IP. The seminar intended to build new bridges of communication among the participating countries and to strengthen existing cooperation in combatting IP crime, as well as all other types of crime. It was indicated that underlying the enforcement of IPRs, there are several legislative mechanisms that may be used by virtue of the Enforcement Directive. It was pointed out during the seminar that the Enforcement Directive provides that Member States must implement the following enforcement measures in their legal systems: damages; seizure of counterfeit goods, bank accounts, infringement assets, and machinery; destruction of infringing goods and machinery; closure of factory and/or website; publishing of judgments.