04.02.2015 Views

Cyprus - Andreas Neocleous & Co

Cyprus - Andreas Neocleous & Co

Cyprus - Andreas Neocleous & Co

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

CYPRUS<br />

CYP/35<br />

Duration of Registration and Protection<br />

Once registered, a trade name remains on the Register until the trader files an<br />

application for removal. Section 57 of the Partnerships and Trade Names Law,<br />

Cap 116, provides that where a firm, individual or corporation has registered a<br />

trade name and ceases to carry on business, the Registrar must be informed<br />

within one month after the business has ceased to operate. The Registrar will<br />

then remove the trade name from the Register.<br />

Assignment<br />

Generally, the rights in a trade name pass with the goodwill of business as a<br />

whole and cannot be assigned.<br />

<strong>Co</strong>pyright<br />

<strong>Co</strong>pyrights in <strong>Cyprus</strong> are regulated by the Right of Intellectual Property Law<br />

59/76 ("the Right of Intellectual Property Law"), as amended by Laws Number<br />

63/77, Number 18/93, Number 54(I)/99, Number 12(I)/2001, Number<br />

128(I)/2002, Number 128(I)/2004, Number 123(I)/2006, and Number<br />

181(I)/2007. Rights are recognized under the Right of Intellectual Property Law<br />

for every protected object whose beneficiary, or, if there is more than one<br />

beneficiary, any one of them, is, at the time of the creation of the right, or, if it is<br />

a broadcast, the time of the transmission of the broadcast, a qualifying person,<br />

namely:<br />

• A person who is a citizen of the Republic of <strong>Cyprus</strong> or who habitually resides<br />

there;<br />

• A legal person, established in accordance with the laws of the Republic; or<br />

• A citizen of another member state of the European Union.<br />

Registration<br />

There is no system of copyright registration in <strong>Cyprus</strong>. <strong>Co</strong>pyright is conferred<br />

on works once created, as of right. <strong>Co</strong>pyright law protects <strong>Cyprus</strong> nationals for<br />

their works which are published anywhere in the world, and foreign nationals<br />

for their works published in <strong>Cyprus</strong>.<br />

Protection<br />

The Right of Intellectual Property Law provides remedies for copyright<br />

infringement including damages, destruction, or delivery of infringing copies<br />

and the equipment by which copies are produced, an account of profits and an<br />

injunction.<br />

In addition, the court may order the offender to destroy any copies of the work<br />

in his possession or to deliver them to the copyright owner. It also establishes a<br />

number of criminal offenses, punishable by fines or imprisonment for up to<br />

three years.<br />

(Release 2 – 2013)

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!