Cyprus - Andreas Neocleous & Co

CYP/36
INTERNATIONAL AGENCY AND DISTRIBUTION LAW
Duration
The duration of copyright protection is:
• Scientific works, literary works including computer software, musical works,
artistic works including photographs and an original database for a period of
70 years, commencing from the death of the author.
• Films, for a period of 70 years, commencing from the death of the last
survivor of the following, irrespective of whether they have been appointed
conventionally, or are considered by law as co-creators, namely, the producer,
primary director, script writer, screenplay writer, and composer of any music
specially composed for the film.
The 2002 amendment of the Right of Intellectual Property Law harmonizes
domestic legislation with the EU Copyright Directive 93/98 which itself
harmonized the term of protection of copyright and certain related rights. At the
same time, it implements other EU directives on the legal protection of software,
rental and lending rights, copyright, and rights related to copyright applicable to
satellite broadcasting and cable retransmission and the legal protection of
databases.
Competition Law
Section 6 of the Protection of Competition Law (Law 13(I) of 2008 prohibits the
abuse of a relationship of economic dependence whether as a client, supplier,
producer, agent, distributor, or commercial co-operator, even when involving a
specific type of product or services and not providing an equivalent alternative.
The abuse of exploitation could be the imposition of arbitrary terms in a
transaction, the implementation of discretionary treatment, the termination of
commercial relations by the transfer of enterprises in a way which affects
competition adversely or a sudden and unreasonable termination of prolonged
commercial relations.
Litigation Issues
Agent Able to Receive Process for Principal
Order 5, rule 8 of the Civil Procedure Rules provides that where a contract has
been entered into in Cyprus by or through an agent residing or carrying on
business in Cyprus on behalf of a principal residing or carrying on business
outside Cyprus, a writ of summons in an action relating to or arising out of such
a contract may, by leave of the court or a judge given before the determination of
such agent's authority or of his business relations with the principal, be served on the
agent. Notice of the order giving such leave, together with an office copy thereof and
of the writ of summons must immediately be sent by prepaid double registered post
letter to the defendant or defendants at their address out of the jurisdiction.
(Release 2 – 2013)