In Cyprus, a new intellectual property regime has been imposed starting with January 2012, which is expected to stimulate the intellectual property sector exploitation in the country.
In this article, our lawyers in Cyprus briefly analyze how the intellectual property disputes are resolved in Cyprus.
Table of Contents
Disputes for trade marks in Cyprus
Generally, the remedy in case of a dispute for registered or unregistered trade marks in Cyprus is represented by filling an action in the District Court, looking for an interim order to avoid the utilization of the mark until the end of the full hearing of the case.
However, a defendant commonly can appeal to arguments by the way of defence such as:
- Invalid registration;
- No title by the plaintiff;
- No infringement;
- The plaintiff is disqualified from suing the defendant if the mark is deceptive or if his or her business is a fraud. Our Cypriot lawyers can provide further details on this matter.
Disputes for patents in Cyprus
As soon as a patent has been registered in Cyprus and a certificate of registration has been issued, any other individual apart from the pantentee is prohibited from selling, manufacturing, importing or commercially exploiting the patent or an item obtained through the patented process. Our attorneys in Cyprus may offer more information on this subject.
The grounds for infringement upon which a dispute can be begun for a patent comprise some of the following circumstances:
- In case the patent is not for an invention which is comprised in the meaning of the local legislation;
- If the invention cannot be applied industrially;
- In case the claims of the entire specification are not clear enough;
- If the patent belongs to a type of excluded subject-matter like methods of treating people and animals;
- Other situations: our lawyers in Cyprus can provide more details on what these other situations may consist of.
If you would like to know more about the disputes for intellectual property in Cyprus, or for any type of legal advice in the country, please get in touch with our reputed law firm in Cyprus.