RESTRICTEDWORLD TRADE
ORGANIZATIONIP/Q/CYP/1
IP/Q2/CYP/1IP/Q3/CYP/1
IP/Q4/CYP/1
15 December 2000
(00-5478)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
CYPRUS1
The present document reproduces the introductory statement made by the delegation of
Cyprus, the questions put to it and the responses given in connection with the review of legislation
undertaken at the Council's meeting of 26-29 June 2000.2
_______________
I. INTRODUCTORY STATEMENT
The first legislation to protect intellectual property in Cyprus was the Copyright Law which
dates back to 1911, and the Patent Law which dates back to 1920, 80 years ago.  Trademarks have
been protected by law since 1910.  Of course these laws have changed since then and have been
modernized to comply with the requirements of to day's business, to encourage creativity, protect the
creator and safeguard the ethics of good trading.
Cyprus has ratified so far the following conventions and treaties on intellectual property
rights:
- Paris Convention  for the Protection of Industrial Property in 1965 and 1983;
- Berne Convention for the Protection of Literary and Artistic Works in 1979;
- Nairobi Treaty on the Protection of the Olympic Symbol in 1985;
- Universal Copyright Convention in 1990;
- Convention Establishing the World Intellectual Property Organization (WIPO) in
1984;
- Geneva Convention for the Protection of Producers of Phonograms Against
Unauthorized Duplication of Their Phonograms in 1992;
- European Convention relating to Questions on Copyright Law on Neighbouring
Rights in the Framework of Transfrontier Broadcasting by Satellite in 1995;
- European Patent Convention in 1998;
- Patent Co-operation Treaty in 1998;
- Rome Convention for the Protection of Performers, Producers of Phonograms and
Radio Television Organizations in 1999;
- Trademark Law Treaty in 1996, Law 12(III) 96;  and
                                                     
1 As regards laws and regulations notified by Cyprus under Article 63.2 of the Agreement, reference is
made to documents IP/N/1/CYP/1/Rev.1, IP/N/1/CYP/C /1, IP/N/1/CYP/G/1, IP/N/1/CYP/P/1, IP/N/1/CYP/P/2,
IP/N/1/CYP/P/3, IP/N/1/CYP/T/1, IP/N/1/CYP/U/1 and IP/N/6/CYP/1.
2 The minutes of this meeting have been circulated as document IP/C/M/27.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 2
- TRIPS Agreement (1995), Law 16 (III) 95.
Also the following Conventions and Agreements are about to be ratified:
- Lisbon Agreement concerning the protection of Appellations of Origin and their
International Registration;
- Madrid  Agreement Concerning the International Registration of Marks;
- Protocol Relating to the Madrid Agreement Concerning the International Registration
of Marks;  and
- International Convention for the Protectio n of New Varieties of Plants (UPOV)
(together with a new national legislation).
A. THE TRIPS A GREEMENT
The TRIPS Agreement in 1994 was a great step towards harmonization of the IPR legislation
of the Members of the World Trade Organization.  Since Cyprus ratified the TRIPS Agreement, great
steps were taken to comply with its obligations and its legislation and practice have been amended tobe fully harmonized.
The Cyprus Copyright and Related Rights la w was amended to expressly protect computer
programs, and to prohibit unauthorized rental of protected works;  the term of protection is for all
works 50 years.  Also the Rome Convention has recen tly passed to protect the rights of Performers
and Producers.
As to the Trade Marks Law, even though its last amendment was in 1993, nevertheless it
complies with the requirements of the TRIPS Agreement (see below).
As to the Protection of Geographical Indicati ons and Appellations of Origin, Cyprus has
drafted a new Legislation which will become law together with the ratification of the Lisbon
Agreement on the International Registration of Appellat ions of Origin and Indications of Source.  But
Geographical Names and Appellations of Origin are protected today under the Trade Marks Law, and
the Trade Descriptions Law.  Also, wines and spirits are protected under the special Law Vine
Industry (Regulation Control Law/Appellations of Origin) Regulations.
Cyprus lacks industrial design legislation which again has been drafted and is at the Attorney
General's office for the final approval.
The major recent change in Cyprus in our IPR Legislation is the total change of our Patent
Law.  Even though we have had a strong Patent  Law since 1920, nevertheless we depended totally on
the United Kingdom and only patents registered in the United Kingdom could be re-registered in
Cyprus.  Since April 1998, we have an independent patent system connected to the European Patent
Office, as we have ratified the European Patent C onvention and the Patent Co-operation Treaty with a
term of protection the same as with our old legislation i.e. 20 years plus up to five years
supplementary protection for pharmaceuticals.
As to the protection of undisclosed information, even though there is no specific legislation
nevertheless the unauthorized use of undisclosed information is protected in Cyprus as a private right
under civil law.  The owner of a trade secret may take action as a tort for breach of duty arising out of
a business relation and may claim liquidated damages or, if appropriate, in cases where the disclosureis a breach of contract or contract of employment, there are remedies under the Contract Law.  The
remedy may be an injunction or interim order to stop the use of the trade secret and one may also
claim and be awarded damages.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 3
But there are no provisions constituting disclosure of confidential information a criminal
offence.
The Cyprus Law on the protection of competition is completely in line with Article 40 of the
TRIPS Agreement and the EU Regulations on the su bject.  (It covers monopolies, mergers etc.)
There is no single legislation in Cyprus on intellectual property rights for anti-competitive
practices in contractual licences, except for  various orders – e.g.:
- the Exclusive Purchasing Agreements (Block Exemptions) Order (20/96) of 1995,
which is in line to relevant Regulation No. 1984/83 of 22/6/1983 on the application ofArticle 85(3) of the Treaty to Categories of exclusive purchasing agreements;
- the Block Exemptions (Franchise Agreements) Order (120/98), which again is in line
with the EU relevant Regulation No. 408 7 of 30/11/1988 of the application of
Article 85(3) of the Treaty to certain categories of franchise;  and
- the Block Exemption (Technology Transfer Agreements) Order (121/98) is also in
line with the EU relevant Regulation No. 240/96 of 31/1/1997 on the application of
Article 85(3) of the treaty to certain categories of technology transfer agreements.
As to the enforcement of intellectual property rights, the Department responsible for the
overview of the efficient enforcement of IPR is the Department of the Registrar of Companies and
Intellectual Property which coordinates the procedures for investigation of complaints by the users
and the rightful owners and the (a) police;  (b) the Competition and Consumer Protection Division;
and (c)  Customs and Excise Department.  Also the Registrar is in close cooperation with the AttorneyGeneral  and follows up the decisions of the Courts for implementation, or to file appeals.  In the
enforcement procedures an important role is also played by the Collective Management Societies.
The Legislation to be enforced is the Copyright Law, the Protection of the commercial
exploitation of cinematographic films for public transmission, Trade Marks Law,  Patents Law, the
Trade Description Law, the Vine Industry Law (Appellations of Origin) Regulations and the Criminal
Code.
A few words about the enforcement bodies:The Department of the Registrar of Companies is under the Ministry of Commerce, Industry
and Tourism, and is responsible to implement the Government policy on Intellectual Property issuesand to prepare legislation to this effect.  It  is also responsible to overview the enforcement of the
legislation, and to advice the public on intellectual property matters.
The Police on the other hand, are trained on intellectual property offences, deal with
complaints, and investigate and seize pirate products.
The Attorney–General's function:  after police investigations, the cases are prepared for
prosecution by the Attorney-General.  During 1993, the Attorney-General initiated 138 legal actions
and 65 convictions were obtained.  The prosecutions dropped considerably during recent years due to
the compliance with the law, and in 1996 there were only 22 prosecutions, in 1997 only 16, with only9 convictions in 1996 and 18 convictions in 1997.
The Courts:  many successful criminal and civil cases were brought before the Courts against
piracy during the recent years (e.g. Trademarks cases:  Adidas Sportschuhfabriken Adi Dassler KG v.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 4
Jonitexo Ltd [1987] 1 CLR p. 383 ; Louis Vuitton v. Dermosak Ltd (1992) ;  Trade name case :  Pizza
Hut Inc. of U.S.A. v Pizza Hut Ltd (1990);   Copyright cases:  The Performing Rights Society Ltd v.
Mairoza (1993) , and Warner Bros Inc. v. Studio 7 (1992) U.C.B.;   Patent case: S.A. Belgium v.
Medochemie Ltd (1997) .
We also have the Competent Copyright Authority which, in cases of dispute, determines the
amount of royalties to be paid for issuing licences to use protected works.
Then the Customs Department:  under the Cyprus Copyright Law, and the Trade Descriptions
Law there are specific provisions constituting exports and imports or re-export of counterfeit and
pirated products, a criminal offence or a cause of civil action.
Also under the Trade Descriptions Law (5/ 87 as amended by Law 201/87, 3/92) there are
similar provisions that satisfy the requirements of the TRIPS Agreement on the protection of
geographical indications.
The body responsible to control exports and imports from and to Cyprus of counterfeit or
pirated products, is of course the Customs Department and the  Customs Officers were trained by the
W.C.O. (World Customs Organization) with which the industry (video-music-software) participates.
Finally we have the Collective Societies – whic h are Non-Governmental Organizations.  The
existing Collective Management Societies in Cyprus are very strong and have a very efficient and
well organised system for protecting the rights of their members who could be the authors,
performers, producers, etc.
The Courts and the Competent Copyright authority are very strict in implementing the
provisions of the Copyright law and decisions favour the rightful owners.  A fact which facilitates the
work of the Collective Management Societies.
The Competent Copyright Authority is a minor type of Court chaired by the Registrar of
Companies, an advocate from the Attorney-General's  office and three private representatives.   This
Authority derives its power from the Copyright Law and hears disputes as to the amount of royalties
to be paid when a protected work is used by third parties e.g. music played in hotels, discos, shops etc,cinematographic works shown in public places, or computer software.
The many successful cases before the Courts and the Competent Copyright Authority, deter
the public transmittance of protected works without paying the necessary rights.
The Collective Management Societies in Cyprus are:
- the Performing Rights Society known as "PRS", registered in the United Kingdom,
which has a registered office in Cyprus and is responsible for the music rights of their
members internationally;
- the Mechanical Rights Society known as "MRS", registered in the United Kingdom,
and with a representative office in Cyprus, and responsible for the cinematographic
works of their members internationally;  and
- CYFACT, a Cypriot company responsible for cinematographic works of their
members;
- AEPI, a Greek company for music works;  andIP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 5
- the Business Software Alliance (a Cypriot company affiliated with the International
Business Software Alliance) responsible for computer software.
B. EFFECTIVE PATENT PROTECTION PROCEDURES
Apart from having strong IPR protection,  Cy prus has taken steps to improve its Customs
control and protect its borders from illegal imports or exports of infringed protected goods.
As to pharmaceuticals the Ministry of Health checks all imported pharmaceuticals not to be
pirated products, and the Drugs' Council checks whether a drug has Patent protection before allowing
it to enter into the market.
New legislation is currently being drafted which is based on the relevant EU regulations and
the World Customs Organization model legislation, which will strengthen the administrative power of
the Customs Officers to intervene either on their own initiative or upon information received by the
right holders within the framework of the Trade Ma rk and Patent Registration System and Copyright.
Both the Customs and the Police authorities handling IPR protection have followed training
abroad to enhance their administrative ca pacity when dealing with such cases.
Also a special Unit has been established at the Ministry of Commerce, Industry and Tourism
"The Competition and Consumers Protection Division " which supervises the local market, confiscates
pirated goods and takes steps to prosecute the infringers.  The Officers of this Unit have also
undertaken training to enable them to work efficiently against piracy.
Training of judges:  apart from the high standard training of the enforcement bodies that
handle matters directly in the market, the Judiciary and the lawyers have also followed training
courses and a continued updating is followed up with seminars and lectures on the protection of
Patented products.
Interlocutory injunctions:  the Courts can issue interlocutory injunctions to prevent infringed
products to enter the market and stop their manufacture import or export until the case pending before
the Court is concluded.
Preservation of evidence:  the Courts are very strict when issuing disclosure of evidence
orders and demand that this evidence is safeguarded and disclosed when requested.  An application
for disclosure of evidence is rarely, if ever, denied by the Courts.  If a party denies to present the
evidence requested, it is in contempt of the Court and commits criminal offence.
Also as to pharmaceutical patents, the Ministry of Health supervises the Good Manufacturing
Practices and evidence is well traced through this system for use in Court procedures.
In this field the Ministry of Health keeps under safe custody for future use, if needed, all the
invoices for imports of pharmaceuticals which are endorsed by the Ministry.
Damages are assessed by the Court after the Court decision establishing the infringement is
issued, and assessment is made according to the proof of damages  submitted by the applicant taking,
at the same time, into consideration the profit of the respondent who has to present accounts anddeliver his profits and any pirated goods.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 6
C. PARALLEL TRADE
Since parallel trade has nothing to do with pirated or counterfeit goods, their import can be
prevented if the rightful owner takes steps to inform the authorities to take action and prevent their
import - as the customs officers are not in a position to know that the goods in question, which areoriginals, were not purported for the Cyprus market, but for another market.
D. T
RADEMARKS AND CENTRALIZED REGISTRATION PROCEDURE AND SINGLE TRADEMARKS
The Cyprus Law on trademarks together with the Paris Convention on Industrial Property,
give protection to the trademarks and service marks of Cypriot and foreign nationals, without
discriminating as to the nationality of the proprietor of the trademark or service mark.
Trademarks under the Cyprus Law may be words, symbols, pictures, labels, designs, letters,
numerals, personal names, or the get up of goods and are used to distinguish goods or services of one
trader or business person from those of another.  The registered proprietor of a trade or service mark
has the exclusive right to use it and can prevent others from copying it or using it.
Trademarks are protected primarily through registration which give the proprietor exclusive
rights, but if a trademark is not registered, but is used in the market the owner may initiate a passing
off action against infringers, by claiming prior use of his original trademark.
To qualify for protection, either because of long use or to qualify for registration a trademark
must be distinctive, which means that it may not be generic, it should not indicate quality, and it
should not be descriptive or misleading, it should not be geographical name nor be similar to another
registered trademark so as to cause confusion to the public and it should not be scandalous.
Registration of similar trademarks may be accepted after consent of the previous trademark owner or
after honest concurrent use.
An application to register a famous mark is refused, under the Paris Convention if the
application is not by the rightful owner, even if the famous mark is not on the Register.  Also on
opposition or expungement proceedings, previous registration in one of the Country Members to the
Paris Union or prior use by which the mark has acquired reputation are taken into account favourably
by the hearing officer at the Trade Marks Office and by the Court.
Also a trademark may acquire distinctiveness through long use so that a descriptive word may
have acquired a secondary meaning and thus be registrable in Part B of the Register.
The exclusive right of the proprietor of a trade or service mark may be lost on the application
of a party interested, if the owner is not using his registered trade or service mark, or does not show anintention to use it.
Under the Cyprus Trade Marks Law, a registered trademark may be taken off the Register on
the application of an aggrieved person on the ground either that, it was registered without intention to
use it and there was in fact no bona fide use since its registration or, the mark has not been used for acontinuous period of five years, one month before the application for taking it off the Trade Mark
Register.  The provisions of this article are similar to the provisions of the Trade Mark Directive.
Rectification and Correction of the Register:  also persons aggrieved by an omission or non-
insertion in the Register or by an entry wrongly remaining on the Register or by an error or defectmay apply either to the Court or to the Registrar for expunging or varying the entry of the trademark
on the Register.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 7
Licensing:  also under the Cyprus Trade Marks Law there are provisions which correspond to
the Trade Mark Directive for registering licensed users.  The licensees may have exclusive or non
exclusive right to use the mark.  One proprietor may give licences to several "registered users".
Certification, Collective and Guarantee Marks:  under the Cyprus Law certification
trademarks may be  registered which certify quality and method of manufacture or the geographical
origin of the product.
Also a trademark may be registered in the name of two or more persons collectively but there
is no specific definition in the Law for collective and guarantee marks.
Goods and Services Classifications:  the classification for the goods is divided in 34 classes
for goods and 8 classes for services.  Our classification system is identical to the International System
of the Nice Agreement for the Classification of Marks, even though Cyprus is not yet a party to the
Nice Agreement.
Term of Protection: a trade or service mark is protected in Cyprus for 7 years and is
renewable indefinitely every 14 years.
E. PATENTS
Roche-Bolar (Regulatory data infringement ex clusion):  under the Cyprus Patent Law one
cannot prepare and file an application at the Drugs Committee before the expiration of the Patent
Term in order to be ready to put the product in the market on the day of the expiry of the patent.  Such
an action is considered to be trading.  The only act permissible under the Patent Law is to use the
patent for experimental purposes for scientific research.
SPC (Supplementary Protection Certificate) Regulation:  patents covering pharmaceuticals
can receive a Supplementary Patent Certificate under the Cyprus Patent Law for up to five years if,
when the patent owner applies for the Supplementary Certificate he proves that the pharmaceutical
patent was delayed to be given a licence to be put in the market and has lost on the 20 years of
protection so a supplementary certificate is issued to cover his financial loss.  Cyprus has had the SPC
since the time the United Kingdom has implemented it as it had the same registry.
Biotechnology:  there is no other legislation on biotechnological inventions other than the
protection offered under the Patents Law.
F. COUNTERFEIT GOODS
As to counterfeit products, under the legislation on Copyright Law, the Unfair Competition
Law, and Trade Descriptions and the Customs legislation, counterfeit goods can be confiscated until
the court finally decides on their fate - whether to be destroyed or not.
In 1998 we confiscated and destroyed 6-7 million cigarettes as well as 8 500 pairs of shoes.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 8
II. RESPONSES TO QUESTIONS POSED BY CANADA
1. What recourse do right holders have in respect of wilful trademark counterfeiting or
copyright piracy on a commercial scale, as required by Article 61?
In cases of wilful trademark counterfeiting the right holder may commence an action of
infringement against the infringer.  (Trade Marks Law, Cap.268 (as amended) Section 6(1)).  Theaction could be for an injunction to stop the infringement or for an order to confiscate the infringing
goods or for an order for damages.  It may be one or two or all of the above-mentioned remedies.
In cases of unregistered trademarks the right holder may also have a remedy where there are
counterfeit goods.  The remedy is under the Civil Wrongs Law, Cap.148 (as amended) Section 35.
The action creates the civil wrong of passing-off which gives us the same remedies as those described
above.  The burden of proof on the right holder is, however, greater in the cases of passing off.
In cases of copyright piracy the right holder has at this disposal the action on infringement of
his work.
This remedy is provided by section 13(1) of  the Copyright Law (Law 69/1976 as amended).
Further the judicial remedies which the Court can pronounce are, by way of:  Damages,
Injunction, Accounts etc.
Under section 13(6) of the above law there is provision for additional damages in cases where
the Court takes into consideration (in addition to all other material considerations):
(a) the flagrancy of the infringement;  and(b) any benefit shown to have accrued to the defendant by reason of the infringement.Finally the right holder may file a complaint with the police or may address his complaint to
the Attorney-General's Office against the offender who infringes his copyright.
The relevant penalties under the offence created by section 14 of the Copyright Law are fine
and/or imprisonment.
2. What protection does your copyright legislation afford to foreign works?
Section 18 of our Copyright Law provides that  "this Law shall apply also to works which
should be eligible for protection by virtue of international treaties or international conventions biding
the Republic".
Such conventions that Cyprus ratified are:(1) the Berne Convention for the Protection of Artistic and Literary Works
(Law 86/1979);
(2) the Rome Convention for the Protection of Performers, Producers of Phonograms and
Broadcasting Organi zations Law 14(III)/99;IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 9
(3) the Geneva Convention for the Protection of Producers of Phonograms Against
Unauthorized Duplication of their Phonograms Law 21 (III)/92;
(4) the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS)
Law 16 (III)/95;  and
(5) the Universal Copyright Convention Law 151/90.The provisions of Section 18 are substantiated further by Section 16(2) of the Copyright
(Amendment) Law of 1977 (Law 62 of 1977) by which it is provided that the principal copyright
Law's provisions may be extended in respect of some or all of the works referred to in sub-section (1)of section 3 of the Law in certain specified classe s of individuals, bodies corporate, works and sound
recordings "in a country which is a party to a convention to which the Republic is also a party and in
which there is provision for the protection of copyright in works protected by this Law".
III. RESPONSES TO QUESTIONS POSED BY THE EUROPEAN COMMUNITIES AND
THEIR MEMBER STATES
A. C
OPYRIGHT AND RELATED RIGHTS
1. Please explain whether or not the provisi ons of the TRIPS Agreement are directly
applicable in Cyprus.
The provisions of the TRIPS Agreement are directly applicable in Cyprus through  the Final
Act of the Uruguay Round Ratifying Law, No. 16(III) of 1995.
2. Please explain how the term "public"  is defined under the Copyright Law.
Under the Cyprus Copyright Law (Law 59/1976 as amended) there is no direct definition of
the term "public" other than its ordinary meaning.  The term "public" is used in the context of the
phrase "communication to the public" which is defined that it "includes, in addition to any live
performance or delivery, every mode of visual or acoustic presentation, including a presentation by
means of apparatus for receiving broadcasts, but does not include a broadcast, and "communicate to
the public" shall be construed accordingly":  Section 2(1).
3. Please explain how databases are protected under the Copyright Law as foreseen under
Article 10.2 of the TRIPS Agreement.
The protection of databases is possible as these can come within the definition of the term
"work" that is "…. Collections or works which, by reason of the selection and arrangement of their
content, present an original character":  (Section 2(1)).
4. Please explain how Cyprus grants rental rights to producers of phonograms as
contained in Article 14.4 of the TRIPS Agreement in conjunction with Article 11 of the TRIPS
Agreement.
Cyprus grants rental rights to producers of phonograms under section 7(1) of the Cyprus
Copyright Law:  "Copyright in a scientific, literary, musical or artistic work or a cinemagraphic filmor photograph shall consist in the exclusive right to  control the doing in the Republic of any of the
following acts: namely, the reproduction in any form, sale, renting …. Of the whole work or a
substantial part thereof".  Cinematographic films come within this section and computer programsIP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 10
come under "literary work" (Section 2(1) of our Copyright Law).  The term "literary work" is again
mentioned within section 7(1) of our Law.  Both the above mentioned terms of cinematographic films
and computer programs are mentioned in Article 11 of the TRIPS Agreement as items for which
rental rights must be provided for and our Law provides for those works.
5. Please explain whether and how Cyprus gr ants exclusive rights to producers of
phonograms for the importation, broadcasting, communication to the public and public
performance of sound recordings.
Cyprus grants exclusive rights to producers of phonograms for the importation, broadcasting,
communication to the public and public performance of sound recordings through the provisions of
the Rome Convention for the Protection of Performers, Producers of Phonograms and BroadcastingOrganizations Ratifying Law of 1999 (Law No. 14 (III) of 1999).  The Cyprus Copyright Law does
not provide expressly for this protection and it extends only to protection in cases of reproduction of
sound recordings:  Section 9 of the Law.
6. How does Cyprus justify that the exclusive right of broadcasting organizations of the
communication to the public does not include places where no admission fee is charged in light
of Article 9 of the TRIPS Agreement in conjunction with Articles 11 and 11 bis of the Berne
Convention?
Under Cyprus law the exclusive right of broa dcasting organizations of the communication to
the public does not include places where no admission fee is charged and we consider that this ispermitted under Article 11 bis(2) of the Berne Convention.  This is provided in section 10 of our
Copyright Law.
The reason behind the stipulation "where no admission fee is charged" is to restrict the places
where "communication to the public" takes place so that there shall be no infringement of theexclusive right of broadcasting in places where communication to the public does not result to
economic exploitation of the work.  But in practice e.g. municipalities when they transmit music in
public places as in Central Squares of a town when there are public events, they pay fees to the
Collective Societies for the music they transmit for the event.
7. Does the term "copyright" under sections 13(2) and 14(1) of the Copyright Law include
works, sound recordings, fixation of performances and broadcasts?
There is no specific definition of the term "copyright" under sections 13(2) and 14(1) of the
Copyright Law but the items mentioned in this question are not excluded from the ambit of the word
"copyright" as this appears in Sections 13(2) and 14(1).  The Cyprus legislator in the interpretation
part of the Copyright Law (Section 2(1)) gives an all embracing definition of the term "copyright":
"means copyright provided for under this Law".  As a consequence all the copyright prescribed underthe Law is included within the term "copyright" of the sections and there are no exemptions.
8. Please explain the "manner that the Mini ster will determine" under section 14A(1)
concerning the obligation of affixing a special sticker to phonograms, cinematographic works
and computer programs.  Please provide any relevant regulation or implementing measure.
This section has not been enforced since it has been introduced by the Copyright
(Amendment) Law 1993 (18(I) of 1993).  Even though regulations have been drafted nevertheless
they did not come into force, due to implementation problems and, in fact we plan to repeal this
provision in the near future as it seems that it is very difficult to implement, and it will be left to the
private owners to affix their identification stickers on their products as it is done in most countries.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 11
9. Please explain how section 15(1) of the Copyright Law allowing, under certain
circumstances, a "competent authority" to "direct that … a  licence shall be deemed to have
been granted by the licensing body" is compatib le with the provisions of the TRIPS Agreement.
Please provide the regulations referred to under section 15(4).  Please describe how often and
the manner in which Article 15 was applied.
Section 15(1) of the Copyright Law is not incompatible with the TRIPS Agreement as the
latter is silent on this issue. The Regulations referred to under section 15(4) are the Copyright
(Competent Authority) Regulations of 1977 (P.I. 249/77) and provide that "Each person who is not
satisfied by the refusal to grant to him a licence is in  respect of a copyright or in respect of the terms
imposed on him by the grant of such a licence by a certain licensing body may appeal to the authorityagainst the decision of the licensing body".  Regulation 3(1) of the above-mentioned Regulations.
The Regulation then goes on to prescribe the procedure to be followed which is semi-judicial
and the relevant fees which have to be paid by the applicant and the respondent.
Section 15 is not very often used and the manner that it is applied usually concerns the fees
and their level as these are imposed by the various licensing bodies e.g. the Performers' Rights
Society.  Since its introduction in 1977 only one case has proceeded to a final decision.  Once this
right has been established through this test case, the payment of fees has become acceptable but any
differences, or refusal to pay, find their way to Court directly.
10. Please describe how Cyprus grants national treatment to nationals of other WTO
Members.  Please provide the Regulations referr ed to under section 16(2) of the Copyright Law.
Please explain whether or not section 18 of the Copyright Law also applies to sound recordings,
fixations of performances and broadcasts.
The Cyprus Copyright Law provides for equal  treatment to Cypriot nationals as well as to the
other WTO Members.  There are no other Regulations under section 16(2).
Section 18 provides that "this Law shall apply in relation to works made before the
commencement thereof in the same manner as it applies in relation to works made subsequently".
The works which were being protected before the commencement of the present Law (Law 59/1976
as amended) included only the sound recordings and fixations of performances and not broadcasts.The first two came under the provisions of the former U.K. Copyright Act of 1911.  This Act
constituted the former Cyprus Copyright Law, as  modified by the Cyprus Copyright (Amendment)
Law, Cap. 264.  Both the U.K. Copyright Act 1911 and the Cyprus Copyright (Amendment) Law
have now been repealed by the present Copyright Law, (59 of 1976 as amended) Section 21.
Section 18 applies to sound recordings and fixations of performances made before the commencementof the present Law and also to those works made subsequently.  The present Law also applies to
broadcasts.
B. T
RADEMARKS
11. Please clarify if the list of signs under "m ark" in section 2 of the Trade Marks Law is
exhaustive.  Clarify how it applies in conjunction with the definition of "trademark" (2(a) of
N. 206/90).  Please explain how these provisions comply with the requirement of Article 15 of
the TRIPS Agreement which states that any sign  capable of distinguishing goods or services
shall be capable of constituting a trademark.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 12
The list of signs under "mark" in section 2 of the Trade Marks Law seems from the wording
of the definition of the word "mark" that is not exha ustive but reading it together with the definition of
a "trademark" under section 2(a) N. 206/90 it immediately widens its meaning to comply fully with
Article 15 of the TRIPS Agreement.
The above provisions are in line with Article 15 of the TRIPS Agreement because the signs
included in the definition under "mark" are capable of distinguishing goods or services.   Moreover
the definition of a "trademark" specifies a particular manner of use of a mark which complies with
Article 15 as to what sign shall be capable of constituting a trademark.
12. Please clarify whether or not the final decision taken by the Register under section 5 of
the Trade Marks Law can be reviewed.
The final decision taken by the Registrar under section 5 can be reviewed under
administrative recourse to the Supreme Court (Article 146 of the Constitution).
13. Please explain the operation of section 6(2)  of the Trade Marks Law, with respect to
goods to be exported.
Section 6(2) provides that "the right to the use of a trademark given by registration … shall
not be deemed to be infringed by the use of any su ch mark as aforesaid in any mode … in relation to
goods to be exported to any market...".  The export of goods does not constitute an infringement of the
right to the use of a trademark given by registration.
14. Please give examples of prohibited registrations under section 13 of the Trade Marks
Law.
Such registrations are registrations of immoral or scandalous nature i.e. the word or figurative
element of the trademark if is immoral or scandalous.  Section 13 covers also trademark registrationswhere the trademark may cause confusion or is liable to deceive the public e.g. misleading
descriptions of the goods.  Deceptiveness under section 13 concerns only the Cyprus markets but
evidence of deceptiveness abroad may also be considered.
15. Please state what is a "prescribed time" under section 20 of the Trade Marks Law.
The prescribed time is two months:  The Trade Marks Rules, 1951, (Rule 40).
16. Please clarify whether or not a trademark registration can be renewed indefinitely
under section 22 of the Trade Marks Law after the initial period of seven years.
A trademark registration may be renewed indefinitely for periods of fourteen years each time
after an initial registration period of seven years is given:  Section 22, Trade Marks Law, Cap. 268.
17. Please clarify whether or not, under section 28(3) of the Trade Marks Law, what
circumstances, independent of the will of the right holders, would be taken into account to
determine the non-use.
It is possible to take into account under section 28(3) special circumstances in the trade,
which are independent of the will of the right holders, in order to determine the non-use.  "Specialcircumstances" may mean the state of the market and the demand for the goods prevailing in the
general businesses, by reason of unexpected events or Government Regulations.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 13
C. GEOGRAPHICAL INDICATIONS
18. Please give the definition of a geographical indication as described in your legislation or
clarify under which concept as defined in section 4(1) of the Trade Descriptions Law of 1987, it
is covered.
Even though geographical indications are not legally defined the examiners check
geographical dictionaries and Gazetteers  to identify a geographical name.  But an indication that may
lead the consumer to believe that a product comes from a particular place will also be considered as
geographical.
19. Please clarify whether or not section 5(2) of the Trade Descriptions Law of 1987 can be
interpreted as covering indications that su ggest the goods may originate in a geographical
indication area, other than the true place of origin.
Yes.  Section 5(2) also covers indications that suggest goods may originate in a particular
geographical area.
20. Please explain how section 13(1) complies with the requirements of Article 22.1 of the
TRIPS Agreement, which states that the goods have  a characteristic essentially attributable to
its geographical origin.
Section 13(1) when read together with Section 4(1) is in compliance with Section 22.1 as the
authorities when enforcing the legislation will also  take into account the special characteristics and
reputation of a product that indicates to the consumer that the particular product comes from aparticular region.  So to establish a false description of a product the test would be:  Would the
consumer be misled?
21. Please clarify the scope of the exceptions to false trade descriptions, provided under
section 30(1) of the Trade Descriptions Law of 1987.
The exception of section 30(1) covers cases that travellers may have purchased goods outside
Cyprus with a false description on, and are not intended to be used commercially and mislead the
public.  Goods of this nature in the travellers' suitcases are not being checked as they do not involve
commercial use.
22. Please state if regulations were made pursuant to section 35(1) of the Trade Descriptions
Law of 1987.  If yes, please notify these regulations.
No regulation has been passed pursuant to section 35(1).
23. Please describe whether or not additional protection is granted by your legislation to
wines and spirits.  Please mention other types of products, if any, covered by this additional
protection.
Wines and Spirits are protected also by the following legislation:
- Vine Industry (Regulation and Control) Law 65/1989.
- Vine Industry (Regulation and Control) Law (Appellations of Origin Wines and
Spirits) Regulations of 1999 N. 151/1999.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 14
D. INDUSTRIAL DESIGNS
24. Please explain whether or not your legislatio n extends the protection to designs dictated
essentially by technical or functional considerations.  Please, explain how textile designs are
protected.
The Industrial Designs Law is still in draft form and has not been finalized yet.  Today
Industrial Designs including textile designs are protected as "artistic works" under the Copyright Law.
25. Please explain how your legislation protects right holders of a design against importing
or articles bearing embodied or copied design.
Right holders of a decision should inform the Customs and Excise Department of the possible
importation of copies of their products to stop such importation.  Proof must also be submitted of theirright on their design.
26. Please mention whether or not your legislation provides for the right to issue a
compulsory licensing for industrial designs.
- No such provision exists.
- The law is now at the drafting stage.
27. Please indicate for which period of time your legislation grants protection for industrial
designs.
There is no such provision at the moment but under the Draft law protecting Industrial
Designs, protection may be anticipated to be between 10-15 years.
E. P
ATENTS
28. Please explain whether or not in your legislatio n, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions a re provided for, please describe in detail how
these exclusions are applied in legal as well as practical terms.
Under our Patent Law (16(I)/1998 as amended) Section 27(3) there are patent rights which
are subject to exclusions in favour of third parties.  In particular the owner of a patent shall have no
right to prevent third parties from performing, without his authorization, the acts referred to in
subsections (1) and (2) of section 27.
"Section 27(3):  (I) Where the act concerns a product which has been put on the market by the
owner of the patent, or with his express consent, insofar as such an act is performed after that
product has been so put on the market in Cyprus.  This would mean that the patent owner
cannot prevent a third party to put a patented product in the market once he has initially given
his consent.
(II) Where the act is done privately and on a non-commercial scale, provided that it does not
significantly prejudice the economic interests of the proprietor of the patent" this means
privately and on a very small scale.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 15
(III)  Where the act consists of making or using for purely experimental purposes or for
scientific research:  Making or using the product at University Laboratories and other
Scientific Institutions or Research Establishments.
(IV)  Where the act consists of the extemporaneous preparation for Individual cases, in a
pharmacy or by a medical doctor, of a medicine in accordance with medical prescription or
acts concerning the medicine so prepared."
It includes cases where a pharmacist executes a given prescription or a doctor in an
extemporaneous manner and strictly for individual cases when the individuals request him a particular
medicinal product which is only obtainable if he exercises his skill to perform a given prescription.
29. Please explain how your legislation protects  patent right holders against importing and
against offering for sale of a patented invention.
This is provided by section 27(1)(ii) which says:
"(ii) The offering or the putting on the market of a product … or the importing or stocking
…"
Section 27(1) provides that "where the pate nt concerns a product,  the owner of the
patent shall have the right to prevent th ird parties from performing, without his
authorization, the following acts:
"(ii) The offering or the putting on the market." (as stated above).
30. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
The only exceptions provided to the exclusive rights conferred by a patent are those also
stated in response to question 28.  In particular the exceptions are contained in Section 27(3) and 4(b).
There are no other limited exceptions to be found in our legislation.
31. Please explain whether or not your legislation provides for compulsory licensing.  If so,
please explain in detail the conditions under which a compulsory licence may be granted.  Inparticular, please explain how your national le gislation considers individual merits in the
authorization of such use.
Our patent legislation provides for compulsory licensing.  The relevant sections are
sections 49 to 56.  The conditions under which a compulsory licence may be granted are:
(a) where the patented invention is capable of being commercially worked in Cyprus but
it is not being so worked or is not being so worked to the fullest extent that is
reasonably practicable;
(b) where the patented invention is a product, that a demand for the product in Cyprus:
(i) is not being met;  or(ii) is not being met on reasonable terms;  orIP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 16
(c) that by reason of the refusal of the owner of the patent to grant a licence or licences
on reasonable terms:
(i) a market for the export of any patented product made in Cyprus is not
being supplied;  or
(ii) the use or efficient use in Cyprus of any other patented invention 
which makes a substantial contribution to the art is prevented or 
hindered;  or
(iii) the establishment or development of commercial or industrial 
activities in Cyprus is unfairly prejudiced;
(d) "that by reason of conditions imposed by the owner of the patent on the grant of
licences under the patent, or on the disposal or use of the patented product or on the
use of the patented process, the manufacture, use or disposal of materials notprotected by the patent, or the establishment or development of commercial or
industrial activities in Cyprus is unfairly prejudiced."
Individual merits are considered by the above provisions, specifically by the following:
Sections 49(2) and 56 which comply fully with  the TRIPS Agreement.  Under the above the
individual merits play a substantial part to the grant of a compulsory licence.
Please note that a compulsory licence has never been granted in Cyprus, so far.  Nor has any
such application has been filed.
32. Please explain how your legislation explicitly ensures that a proposed user has made
efforts to obtain authorization from the righ t holder on reasonable commercial terms and
conditions and that such efforts have not been successful within a reasonable period of time.  In
this context, how do you define "reasonable period of time".  Please also explain how your
legislation ensures that the use of a compulsory  licence  shall be authorized predominantly for
the supply of the domestic market of the Member authorizing such use.
This is provided by section 56(b) which says:
Section 56:"Where according to sections 50, 51 and 55 of the present Law a licence is given for use of
the subject matter of a patent without the authorization of the owner, including use by thegovernment or third parties authorized by the government, the following provisions shall be
respected:
(b) … such use may only be permitted if, prior to such use, the interested user has
made efforts to obtain authorization from  the owner on reasonable commercial terms
and conditions and that such efforts have not been successful within a reasonable
period of time"…
There is no definition in our patent legislation of "reasonable period of time" and we may
suppose that this phrase will be literally interpreted according to existing circumstances in eachparticular case.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 17
Our legislation ensures by section 56(f) that: "any such use shall be authorized predominantly
for the supply of the domestic market".
33. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
We do not have any such provision regarding process patents.
F. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
34. Please describe how your legislation protects topographies.
The law is only now being drafted and we have sought the advice of an expert to finalize the
new legislation.
For the time being we have no such legislation.
35. Please explain what protection your national legislation grants to right holders against
the unlawful importation, sale or distribution for commercial purposes of topographiesincluding integrated circuits or other articles in which a topography is incorporated in
accordance with Article 36 of the TRIPS Agreement.
Even though there is no legislation for the protection of topographies, nevertheless action may
be taken against unfair competition under Article 10 bis of the Paris Convention and a complaint
should be filed with the Customs and Excise Department who will handle the case to stop the illegalimportation.
36. Please explain how your legislation provide s for the derogation from Article 36 as
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable
grounds to know when acquiring an integrated circuit or an article incorporating such anintegrated circuit that it contains an unlawful topography.
The Draft legislation is still pending.
37. Please state the term of protection granted by your legislation to topographies.
The Draft legislation is still pending.
G. P
ROTECTION OF UNDISCLOSED INFORMATION
38. Please explain whether or not your legislatio n grants a defined period of time for the
protection of undisclosed information.  If so, please give the time span.
No such provision exists.
39. Please explain how your legislation defines "undisclosed information".
As to the protection of undisclosed information even though there is no specific legislation,
nevertheless the unauthorized use of undisclosed information is protected in Cyprus as a private right
under civil law.  The owner of a trade secret may take action as a tort for breach of duty arising out of
a business relation and may claim liquidated damages or if appropriate, in cases where the disclosure
is a breach of contract or contract of employment, there are remedies under the Contract Law.  TheIP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 18
remedy may be an injunction or interim order to stop the use of the trade secret and one may also
claim and be awarded damages.
But there are no provisions constituting disclosure of confidential information a criminal
offence.
40. Please explain how your legislation de fines data submitted to governments or
governmental agencies.
There is no such general provision.  Only in specific legislation of the various governmental
departments for specific purposes.  Such data is by practice considered strictly confidential.
IV. RESPONSES TO QUESTIONS POSED BY JAPAN
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain how the protection is provide d for works, phonograms, performances and
broadcasts from other WTO Members under the Law on Copyright and Neighbouring Rightsof Cyprus (hereinafter referred to as "Copyright and Neighbouring Rights Law").  Please
describe the provisions of the Copyright and Neighbouring Rights Law which provide for the
national treatment and most-favoured-nation treatment as required by Articles 3 and 4 of the
TRIPS Agreement as well as Article 9.1 of the Ag reement which incorporates Article 5(1) of the
Berne Convention.
The Cyprus Copyright Law (Law 59/1976 as amended) does not differentiate the protection
of works, phonograms, performances etc from other WTO Members.
There are no provisions in our Copyright Law which provide differently for the national
treatment and the most-favoured-nation treatmen t and it complies fully to the requirements of
Articles 3 and 4 of the TRIPS Agreement.  In relation to Article 9.1 of the Agreement the followingsections of our Copyright Law are relevant:  Sections 2, 3, 4(2), (3), (4), 5, 7, 8, 9 10, 11, 16.
2. Please explain exceptions or exemptions of  the national treatment and most-favoured-
nation treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
There are no such exceptions or exemptions permitted under our Copyright and Neighbouring
Rights Law.
3. Please explain whether and how Cyprus provides retroactive protection to works,
phonograms, performances from other WTO Members, as required by Articles 9.1, 14.6 and
70.2 of the TRIPS Agreement which apply, mutatis mutandis, Article 18 of the Berne
Convention.  Please indicate the date to which su ch protection extends back with respect to each
category of subject-matter.
Section 18 of our Copyright Law provides retroactive protection to works, phonograms etc.
from other WTO Members by providing generally that the Law shall apply in relation to works made
before the commencement thereof in the same manner as it applies to works made subsequently.  In
relation to WTO Members under the TRIPS Agreement this section provides that the Law shall applyalso to works which should be eligible for protection by virtue of international treaties or international
conventions binding the Republic.  By virtue of the above-mentioned there is no date to which suchIP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 19
protection extends back with respect to each category of subject-matter, for as long as the criteria of
the law as to the period of protection of the work has not expired yet.
4. Please explain whether protection of "computer programs" under the Copyright and
Neighbouring Rights Law covers computer programs in both source and object code, as
required by Article 10.1 of the TRIPS Agreement.  Are those computer programs protected as
literary works in accordance with Ar ticle 2(1) of the Berne Convention?
"Computer programs" under our Copyright Law are protected in both source and object code.
The computer programs are protected as literary works under our Law:  Section 2(1) in accordance
with the Berne Convention.
5. Please clarify whether "database" under the Copyright and Neighbouring Rights Law
includes compilation of data in machine-readab le form.  Please explain how the Law complies
with Article 10.2 of the TRIPS Agreement in this respect.
Our Copyright Law provides direction and establishes that "database" includes compilation of
data in machine-readable form", through the Interpretation Section 2(1) of the Law.
"Compilations of data or other material" as these are expressed in Article 10.2 of the TRIPS
Agreement are protected by our Law, Section 2(1), through the definition of the words "work",
"literary works", "author", "copy" and "adaptation" and also through Case Law.  The "definitions" do
not limit protection only to "compilations of data in machine readable form" but is a general definitionprotecting compilations.  It is stipulated, however , that these "works" must qualify as such (as
compilations) where "by reason of the selection and arrangement of their content, present an original
character".
B. T
RADEMARKS
6. Please explain how legislation of Cyprus co mplies with Articles 2.1, 16.2 and 16.3 of the
TRIPS Agreement which apply, mutatis mutandis , Article 6 bis of the Paris Convention.
In relation to Articles 2.1, 16.2 and 16.3  of the TRIPS Agreement the Cyprus Trade Marks
Law (Cap. 268 as amended) (see sections 13 and 17(a)) together with the Paris Convention for the
Protection of Industrial Property and the Case Law provide very strong  protection for well known
marks.  The protection of such well known marks in Cyprus derives from the Paris Convention on the
Protection of Industrial Property  Ratifying Law (Law  66/1983) which is part of our legislation.  The
Cyprus Constitution provides that International Conventions have a superior force over our national
law.  There is case Law on this subject with very strong decisions protecting famous trademarks.
C. INDUSTRIAL DESIGNS
7. According to the table on page 3 of document IP/N/1/CYP/1, industrial designs are
protected under the Copyright Law of Cyprus as "artistic works", though Article 2-(1) of the
Law, which defines "artistic work", does not seem to include industrial designs.  Please indicate
how legislation of Cyprus provides the protection of industrial designs prescribed in Articles 25
and 26 of the TRIPS Agreement and in Article 2.1 of the TRIPS Agreement which applies,
mutatis mutandis , Article 5 quinques  of the Paris Convention.
No legislation exists for the moment for the specific protection of industrial designs.  We
consider that such designs are protected under our Copyright Law as "artistic works".IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 20
Follow-up question:
According to your answer to question 7, industrial designs are protected under the
Copyright Law of Cyprus as "artistic works".  However, Article 3-(3) of the Law can beinterpreted so that the Law does not extend protection to industrial designs.  Please explain how
Article 3-(3) of the Law complies with Articles 25 and 26 of the TRIPS Agreement and with
Article 2.1 of the TRIPS Agreement which applies, mutatis mutandis , Article 5 quinquies  of the
Paris Convention, which provide for the protection of industrial designs .
Cyprus acknowledges the fact that it does not offer adequate protection for industrial designs
and that the definition of "artistic works" in the Copyright Law offers very limited protection.  For thisreason, Cyprus has prepared draft legislation to protect industrial designs which will be finalized soon
and will be forwarded for enactment.
D. P
ATENTS
8. Please describe in detail exclusive rights provided by "privileges and rights" under
Article 7 of the Patent Law of Cyprus.  Furthermore, please explain how this provision complies
with Article 28 of the TRIPS Agreement.
The Article 7 of the Patent Law of Cyprus to which you refer to is under our former Patent
Law (Cap. 266) which has been repealed.  The corresponding section under our new Law
(Law 16(1)/1998 as amended) is section 27.  It brie fly provides that "where the patent concerns a
product, the owner of the patent shall have the righ t to prevent third parties from using the patent,
without his authorization …".
The section also provides exclusive protection by preventing third parties from using the
patent without his authorization, certain acts prescribed in the section, where the patent concerns aprocess.  Section 27(3) describes the acts for which a patent owner shall have no right to prevent third
parties from doing without his authorization.  This part of section 27 limits the rights conferred by a
patent as these have been described above.  Moreover section 27 of the Law provides:
"that a patent shall also confer on its owner the right to prevent third parties from supplying or
offering to supply a person, other than a party entitled to exploit the patented invention, with
means, relating to an element of that inven tion, exclusively for carrying out the invention …
etc."
The provisions of section 27(1) and (2) comply directly with the requirements of Article 28.1
of the TRIPS Agreement.
As regards compliance with Article 28.2 of the TRIPS Agreement our Law (16(1)/1998 as
amended) provides for:
(a) Concluding licensing contracts:  We have sections 49 to 53 of our Law.
(b) Transfer by succession:  Under the relevant sections of the Wills and Succession
Law, Cap. 195 as amended.
(c) Right to assign by the owner:  There is provision in our Law as described in
section 3(2) where there is an explicit provision which provides for assignments ofpatents in relation to the Register of Patents.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 21
E. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
9. Please explain how the protection is provide d for layout-designs of integrated circuits
under the Copyright Law of Cyprus.  Which type of work in Section 3-(1) of the said Law
applies to the layout design of integrated circuits?
No legislation exists at the moment specifically on layout-designs (topographies) of integrated
circuits.  This right is protected under sections 2(1) and 3(1) of the Copyright Law, as "scientific
works".
Nevertheless a specific legislation is now been drafted to protect "layout-designs"
(topographies) of integrated circuits as required by the TRIPS Agreement.
F. ENFORCEMENT
10. Please indicate the remedies which the judi cial authorities order regarding intellectual
property rights, including injunctions, damages, expenses, destruction or disposal of infringing
goods, materials or implements for their producti on.  Please explain the criteria for and the way
of calculation to decide the amount of the damages which judicial authorities order to theperson who infringes intell ectual property rights to pay to the right holder.
The remedies which the judicial authorities order in Cyprus related to intellectual property
rights are:  injunctions, damages, expenses, destruction or disposal of infringing goods, materials or
implements for their production.  Relevant sections of our legislation are:
Copyright Law:  Section 13(4) and (6).
Patent Law:  Section 61(2).We do not have general guidance in our statute Law related to the criteria for and the way of
calculation to decide the amount of the damages which judicial authorities order to the person who
infringes intellectual property rights.
This is very much left to the discretion of our Courts on how to assess the damages in each
particular case of infringement, and guidance is provided by case law.
Also section 13(6) of our Copyright Law provides for the considerations to be taken into
account by the Court, in particular cases i.e. when the flagrancy of the infringement is relevant and the
benefit accrued to the defendant by the infringement when the Court in assessing damages shall have
power to award such additional da mages as the Court may consider appropriate in the circumstances.
11. Please indicate titles of laws and regulations and their provisions in which the
suspension of the release of counterfeit tradem ark of pirated copyright goods is prescribed, as
stipulated in Article 51 of the TRIPS Agreement.   Please explain types of intellectual property
rights about which the suspension can be ma de upon an application by a right holder.
Compliance with Article 51 of the TRIPS Agreement is provided under the Trade
Descriptions Law and the Customs Law.  Also a new draft law "on the Control against the freecirculation of counterfeit and pirated products" provides for the suspension of the release of
counterfeit trademarked goods and pirated copyright goods.  The draft law is expected to be enacted
and come into force by the end of the 2000 or in the early 2001.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 22
Types of intellectual property rights for which there is provision in the draft law that the
suspension can be made upon an application by a right holder are:
Trademarks, copyright, patents and certificates, designs and models, layout-designs
(topographies) and undisclosed information.  Presently the legislation provides for trademarks,
copyright and patents.
12. Please explain the kind and amounts of criminal penalties including imprisonment and
fines regarding intellectual property rights.  In  particular, are the crimes persecuted only when
the injured party has made a formal accusation?  Please also explain whether penalties are
consistent with Article 61 of the TRIPS Agreement which requires the penalties to be sufficientto provide a deterrent, consistently with the level of penalties applied for crimes of a
corresponding gravity.
For intellectual property rights we have criminal penalties only under our Copyright Law,
relevant is section 14.
The kind and amounts of criminal penalties provided under section 14 are as follows:  Fine
not exceeding one thousand five hundred pounds (£1,500) or to imprisonment for a term not
exceeding the two (2) years or to both such penalties.  In the case of a second or any subsequent
conviction an offender is liable to a fine which is not exceeding two thousand pounds (£2,000) or to
imprisonment for a term not exceeding three (3) years or to both such penalties.
Further the Court, in appropriate cases may order that all copies of the work or all plates in
the possession of the alleged offender, which appear to it to be infringing copies, or to be plates etc.
shall be destroyed or delivered up to the owner of the copyright or otherwise dealt with as the Court
may think fit.
Also under the Trade Descriptions Law sections 16-20 the penalties are up to £750 and or
imprisonment up to 12 months or both.  In case of a second conviction penalty up to £1,000 and/or
imprisonment up to two years or both.  Also the court can order forfeiture of the goods.
And under the Customs and Excise Law sections 40, 48(4) and 49(2) the law here provides
penalty up to 3 times the cost of the goods and/or imprisonment up to 2 years or both.
The crimes can be prosecuted either when the injured party has made a formal accusation or
these may be also prosecuted ex officio  by the competent authorities which are the Police or the
Attorney-General's Office.
We believe that the penalties are sufficient to provide a deterrent, consistently with the level
of penalties applied for crimes of a corresponding gravity and in line with Article 61 of the TRIPS
Agreement, especially after the amendment of our Copyright Law (Law 18(1)/1993) which has
increased very much the penalties as these are provided by our Copyright Law for offences under that
Law.
Follow-up question:
Does the Trade Description Law of your country prescribe any criminal penalties to be
applied in the case of wilful trademark counterfeiting on a commercial scale?  If not, pleaseexplain how legislation of Cyprus complies with Article 61 of the TRIPS Agreement, which
provides the criminal penalties to be applied in the case of wilful trademark counterfeiting on a
commercial scale.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 23
Wilful trademark counterfeiting on a commercial scale is a criminal offence under
section 4(1)(m) and is punishable under the panel provisions of the Law which are sections 16, 17, 18,
19 and 20.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 24
V. RESPONSES TO QUESTIONS POSED BY THE UNITED STATES
A. GENERAL
1. Please describe, in relation to each form of  intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and
most-favoured-nation treatment are provided to nationals of other WTO Members.
There are no different provisions in the Cyprus intellectual property laws for national
treatment and most-favoured-nation treatment.  Protection is provided without discriminating as to
nationality of the owner of the intellectual property.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain how the Cyprus copyright law complies with Article 9 of the TRIPS
Agreement requiring that Members comply wi th all Articles 1 through 21 of the Berne
Convention (1971), except Article 6 bis, since Members do not have any rights or obligations
regarding the latter under the TRIPS Agreement.
The Cyprus Copyright law complies with Article 9 of the TRIPS Agreement through
Sections 2, 3, 4, 5, 7, 8, 9, 10, 11, 13, 14 of the said Law.
3. The definitions contained in section 2(1) of the Copyright Law of Cyprus included in the
definition of "literary work" "electronic computer program".  Article 7(1)(j) authorizes "use"
of a work by public libraries, non-commercial collections and documentation centres andscientific institutions as may be prescribed, as such use is in the public interest, etc.  The term
"use" is not defined in the law.  Please explain how the term "use" is defined and what the
implications of this section are for copyrighted works generally, and computer programs in
particular.
The term "use" has its ordinary literary meaning.  The implications of Article 7(I)(j) is that it
is permitted to use works through public libraries provided that the user makes an acceptable and
lawful use  his own scientific/personal education/research.  Computer programs are not used outside
the public libraries but are only used to retrieve information only within the library premises.
Computer programs in Cyprus are in practice not subject to rental.
4. Article 11 of the TRIPS Agreement protects rental rights for computer programmes and
cinematographic works.  Please cite to the corre sponding provision of the Cyprus copyright law.
Section 7(1) of the copyright law appears to be intended to provide rental rights to all
copyrighted works;  however, the text says "the  lending of the advertisement".  Please clarify
the intent of this clause by indicating whether it  is an error of translation and, if so, what the
correct translation should be.
Section 7(1) of the Law provides rental rights to all copyrighted works.  It appears that there
is an error of translation.  The relevant part of subsection (1) should read:
"… the exclusive right of control of the performance in the Republic of any of the following
acts:
the reproduction in any form, sale, rental, distribution, lending, advertisement…."IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 25
5. Sections 4 and 5 of the Cyprus copyright law provide terms of protection for various
copyrighted works.  Photographs are excepted from subparagraph (2)(I) of section 4, but  do
not seem to be provided for elsewhere.  Please state the length and terms of protection in the
Cyprus copyright law for a photographic work or a work of applied art and cite to the relevantprovision of law.
It is fifty years which commence from the end of the year in which the work was published
firstly.  (Section 4(2)(ii)).
6. Please explain what protection the Cyprus  copyright law provides for performers, and
provide the length and terms of the protection.
Cyprus' Copyright Law does not specifically provide for the protection of Performers, the
Law is intended to be amended soon to include such protection within the European Union
harmonization process.  Cyprus has, however, ratified the Rome Convention for the Protection of
Performers, Producers of  Phonograms and Radio-Television TV Organizations (Ratifying
Law 14(III)/1999), which provides for protection of the performers.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms shall enjoy
the right to authorize or prohibit the direct  or indirect reproduction of their phonograms.
Article 14.2 requires that producers of phonograms have the right to authorize or prohibit the
commercial rental to the public of originals or copies of their phonograms.  Please explain the
difference between the protection accorded under section 3(1)(g) and 5(1)(c) and indicate whythe latter applies only to sound recordings made in Cyprus.
The difference is that Section 3(1)(g) is a general provision which covers all works.  Section 5
protects recordings in relation to the country of origin which in our case is Cyprus and it exists in
parallel without superseding to the recording right which is the general right prescribed by
Sections 3(1)(g) and 4(1) and (2).  Case Law also interprets these sections without any discriminationagainst foreign works, from a country which is a party to a convention to which Cyprus is also a party
and in which there is provision for the protection of copyright (section 16 of the Cyprus Copyright
Law).
C. T
RADEMARKS
8. The definitions in section 2 of Cyprus' Trade Marks Law and the provisions regarding
registrability and distinctiveness in section 11 indicate certain subject-matter that can atrademarks.  Please indicate wh ether combinations of colour can be registered as trademarks as
provided for in Article 15.1 of the TRIPS Agreement.
This is possible under the Trade Marks Law, Cap. 268, Section 18.
9. Section 4 of Cyprus' Trade Marks Law provides that the owner of an unregistered
trademark cannot institute "any" proceeding to enjoin infringement of its trademark or to
obtain damages for harm done by such infringement.
Even though under the Trade Marks Law there is no remedy nevertheless there is,  a remedy
for the protection of unregistered trademarks as a  tort, of passing off action.  The relevant provision is
the Civil Wrongs Law, Cap. 148, section 35.  Damages are also provided under the relevantprovisions of the Civil Procedure Law Cap. 6 and the Civil Procedure Rules and come within the
general competence of the Civil Courts.  There are also other remedies available which can be ordered
by the Courts.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 26
10. Please explain whether Cyprus' Trade Marks Law provides a means to publish a
trademark, either before it is registered or promptly afterward, and whether the trademark
protection procedure otherwise complies with Article 15.5 of the TRIPS Agreement.
The Cyprus Trade Marks Law provides for the publication a trademark before it is registered.
The relevant provision is Section 20(1).  Opportunity is also afforded to cancel a registration under
Sections 33, 34 and 35(1)(c) of the Cyprus Trading Law in compliance to Article 15.5 of the TRIPS
Agreement.  The registration of a trademark can also be opposed under our law:  section 20(6), (7),
(8), (9), (10) and (11).
11. Please explain whether Cyprus' Trade Marks Law provides a presumption of a
likelihood of confusion where another uses an id entical mark for identical goods and services is
used without authorization of the owner of the trademark.
Such a presumption of a likelihood of confusion comes out of Section 6 of our law (especially
Section 6(1) and (3)).
12. Section 22 of Cyprus' Trade Marks Law provides a term of seven years for registrations
with the possibility of renewals for similar peri ods.  The section also appears to allow for a
registration term of 14 years with renewals for similar periods but it is not clear from the
translation of the law on what basis the longer terms are granted, speaking of a registration as
of a date before the appointed day.  Please explain how this longer term of registration andsubsequent renewals can be obtained.
Trademarks are initially registered for seven years and after this period the subsequent
renewal periods are for fourteen years.
13. Section 28(1)(a) of the law appears to author ize cancellation of a trademark registration
before a period of continuous non-use of three years has expired.  Please explain what plans the
Government of Cyprus has to bring this section into compliance with Article 19.1 of the TRIPS
Agreement.
Section 28(1)(a) of the Cyprus Trade Marks Law is intended to be abolished as it does not
comply with Article 19.1 of the TRIPS Agreement nor  does it comply with the E.U. Directives.
As to the latter part of Article 19.1 for invoking special reasons for non-use our law satisfies
this requirement by section 28(3).
14. Section 29(2) of the Trade Marks Law provid es that authorized use of a trademark is
deemed to be use by the trademark owner but th e user must be registered before this applies.
Please explain what plans the Government of Cyprus has to bring this section into compliancewith Article 19.2 of the TRIPS Agreement.
Section 29(2) will be amended to accept as "use " of a trademark by another person for as long
as it is subject to "the control of the owner" according to the requirements of Article 19.2 of the
TRIPS Agreement.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 27
D. GEOGRAPHICAL INDICATIONS
15. Please describe the provisions of Cyprus's laws or regulations that provide for the
recognition of geographical indications required by Articles 22.2 and 23.1 of the TRIPS
Agreement?  Please provide citations to those laws.
The following legislation complies fully with Article 22.2 and 23.1 of the TRIPS Agreement:
- Trade Marks Law Cap. 268 – section 11(a) provides that a trademark should not be a
geographical name, and section 13 provides that no trademark is registerable if its
deceptive or confusing.  A trademark (including wines and spirits) may be refused by
the Registrar of Trade Marks ex officio  if it consists of a misleading geographical
indication;
- Trade Descriptions Law under section 3 a false description of any goods is prohibited
and under section 4(1)A trade description includes "country and place of
manufacture";
-A r t i c l e  1 0 bis of the Paris Convention has very strong application before the Cyprus
Courts protecting unfair competition;
- Also a new law has been drafted and it should come into force before the end of the
year 2000 protecting geographical indications and appellations of origin.
The following law specifically provides protection of the geographical indications for wines
and spirits which is also in compliance to Article 23 of the TRIPS Agreement:
- Vine Industry (Regulation & Control) Law 65/89.  This law regulates the
appointment of a Board that inter alia  regulates the names of wines and spirits
according to their place of origin (section 5(z1)).
- Vine Industry (Regulation and Control) Law (Appellations of Origin wines & Spirits)
Regulations of 1999 No. 151/1999.
16. Please describe the criteria that are used in determining whether recognition should be
given a geographical indication.
Trademarks that may include words that the examiners consider as geographical indications
are been checked in geographical dictionaries and Gazetteers but a name may also be refused if by the
way it is used it gives to the consumer the impression that the products comes from a particular
region.  Such descriptions are also refused and/or are not allowed to be used by the relevantlegislations mentioned in question 15 above.
17. Please describe the manner in which the higher level of protection required for wines
and spirits under Article 23.2 of the TRIPS Agreement is provided and give examples of such
products.  Please cite to the laws or regulations under which protection is afforded.
In addition to the Trade Marks Law and the Trade Descriptions Law that they clearly and
specifically do not allow the use of misleading geographical indications, the law of Vine Industry
(Regulation and Control) Law 65/89 and Vine Indus try (Regulation and Control) Law (Appellations
of Origin Wines and Spirits) Regulations of 1999 are also a strong legislative support against the
misleading use of geographical indications.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 28
A recent example of an appellation of origin was the protection of the name "Tequila" against
its use on spirits that did not come from Mexico.
18. Please describe the legal means available under the law of Cyprus that enable interested
parties to ensure the protection required by Articles 22 and 23, and cite to the relevant
provisions of law.
The legal provisions are those already described above under the relevant legislations.
Under Trade Marks Law – an aggrieved party can apply for the rectification and correction of
the register under section 33 and even have a misleading trademark struck off the Register – OR onemay oppose the registration under section 20.
Under the Trade Descriptions Law a compliant may be filed with the Consumer's and Unfair
Competition Department of the Ministry of Commerce, Industry and Tourism and action will be taken
under sections 16-20 of this law.
Under the Vine Industry (Regulation and Control)  Law.  (Appellations of Origin Wines and
Spirits) Regulations of 1999 N. 151/99 section 44 provides for criminal prosecution if a compliant is
filed either to the Attorney General or the Police.
E. I
NDUSTRIAL DESIGNS
19. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of the Cyprus law, and describe the nature of the protection
provided.
Industrial Designs are not protected by special legislation yet, so protection can be sought
under the Copyright Law under the definition of "artistic works", and this protection does no require
registration.
A draft Industrial Designs Law is now being finalized and should come into force early next
year 2001.
20. Please describe the procedure that must be followed to obtain protection for textile
designs and cite to the provisions of the law under which such protection is provided.
Protection of textile designs can be sought un der the Copyright Law as "artistic works" until
the new Industrial Designs law comes into force.
F. PATENTS
21. Section 5(2)(c) of the Patent Law of 1998 states that methods of doing business and
computer programs shall not be regarded as inventions.  Please explain the reasoning behind
these exceptions based on the field of technology, given that the standards for patentability in
the law are those called for in Article 27.1 of th e TRIPS Agreement, i.e. that an invention be
novel, involve an inventive step, and be industrially applicable.
It is our position that the Cyprus Patent Law complies with 27.1 of the TRIPS Agreement as
"methods of doing business" and "computer programs" have not yet been defined as patentable
inventions.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 29
22. Part VIII of Cyprus' patent law appears to provide for patented medicinal products an
exclusive right to market that would extend for up to five years beyond the term of the patent to
compensate for the portion of the patent term lost because of the need to obtain marketing
approval.  Please verify if our understanding of Part VIII is accurate or, if not, correct our
misunderstanding.
Your understanding of Part VIII of  Cyprus' Patent Law is correct.
23. Section 49(2)(c)(i) appears to provide for comp ulsory licensing to enable an applicant to
supply an export market.  Please explain how this provision comports with Article 31(f) of the
TRIPS Agreement, and Section 56(f) of Cyprus' Patent Law, which state that compulsorylicences should be authorized predominantly for the supply of  the domestic market of the
Member authorizing the use.
Section 49(2)(c)(I)  together with section 56(f) complies fully with Article 31(f) of the TRIPS
Agreement and Section 56(f) of the Cyprus Pate nt Law because Section 56(f) contains the word
"predominantly" i.e. "any such use shall be author ized predominantly for the supply of the domestic
market”.  Section 49(2)(b) also reads that "a demand for the product" must be "in Cyprus".
24. Please verify that the term translated as "worked" and "working" in Section 49 can be
satisfied by importation of the patented product or of the product produced by the patented
process and, if not, please explain how the provisions of Section 49 are consistent withArticles 27 and 28 of the TRIPS Agreement.
The term translated as "worked" and "working" in Section 49 can be satisfied by importation
of the patented product or of the product produced by the patented process.  Thus the wording of
Section 49 complies with the requirements of Articles 27 and 28 of the TRIPS Agreement.
25. Sections 49(2)(d) and 50(1) provide for co mpulsory licences for anti-competitive
practices in relation to licensing.  Please descri be in detail the nature of  the procedures followed
in investigating allegations regarding such pr actices, in particular, explaining how those
procedures comply with the provisions of Articles 49 and 62 of the TRIPS Agreement .
In compliance with sections 49(2)(d) and 50(1) of our Patent Law, where the owner of a
patent commits anti-competitive practices in relation to licensing the Registrar of Patents examines
the relevant complaints according to a code of practice which complies with the provisions ofArticles 49 and 62 of the TRIPS Agreement.
26. Sections 49(7) and 50(2) appear to authorize a party to whom the patentee has granted a
voluntary licence, nonetheless, to apply for and be  granted a compulsory licence.  Please explain
how this provision is consistent with Article 31(b) and with Section 56(b) of Cyprus' patent law.
Sections 49(7) and 50(2) are consistent with Article 31(b) of the TRIPS Agreement and with
Section 56(b) of the Cyprus Patent Law as they apply only where the patentee fails to respond in
granting a voluntary licence "on reasonable commercial terms and conditions" as it is provided by
Article 31(b) of the TRIPS Agreement.
Also section 50(1) specifically reads "unfairly prejudiced by reason of conditions imposed by
the owner of the patent on granting of licences…".IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 30
27. Section 50(3) authorized the Registrar to  grant licences that would "deprive the
proprietor of the patent of any right he has to work the invention concern ed or to grant licences
under the patent" and to revoke all existing licences granted under the patent.  Please explain
how this provision complies with the obligations  of Articles 30 and 31 of the TRIPS Agreement.
It seems that Section 50(3) complies with Articles 30 and 31 of the TRIPS Agreement as
explained in question 26 above.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
28. What provisions of the Cyprus' law provide  for the protection for layout-designs of
integrated circuits (referred to in the TRIPS Ag reement as "layout-designs") that are registered
or have been commercially exploited anywhere in  the world, as outlined in Article 35 of the
TRIPS Agreement.  Please provide citations to thos e laws and, if they have not been notified to
the WTO, please provide copies.
A specific legislation on the protection of layout-designs of integrated circuits is now being
drafted but it has not been completed yet.  An expe rt will assist the Department of the Registrar of
Companies in the final drafting of the law which is expected to come into force late in 2001 or early2002.
29. Please describe in detail the scope of protection provided layout-designs under those
laws.
The drafting of the special legislation on layout-designs of integrated circuit has not been
completed yet.
30. For what term is protection provided for layout-designs?
This has not yet been decided as the law has not been finalized but it will not be less that 10
years or 15 years after the creation of the layout-design to comply with Article 38 of the TRIPSAgreement.
H. U
NDISCLOSED INFORMATION
31. Please describe in detail how the Cyprus' law provides for the protection of undisclosed
information that is secret as defined in Article 39.2 of the TRIPS Agreement and provide
citations to the relevant provisions of law.
As to the Protection of Undisclosed Information even though there is no specific legislation
nevertheless the unauthorized use of undisclosed information is protected in Cyprus as a private right
under civil law.  The owner of a trade secret may take action as a tort for breach of duty arising out of
a business relation and may claim liquidated damages or if appropriate, in cases where the disclosure
is a breach of contract or contract of employment, there are remedies under the Contract Law.  The
remedy may be an injunction or interim order to stop the use of the trade secret and one may alsoclaim and be awarded damages.
But there are no provisions constituting disclosure of confidential information a criminal
offence.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 31
32. Please describe in detail the manner of protection, if provided test data regarding
pharmaceutical and agricultural chemical produc ts in order to obtain  marketing approval in
Cyprus and cite to the relevant provisions of law.
In both cases the law is silent as to these applications and their contents but by practice this
information is confidential and protected as a trade secret of the applicant.
33. Are other applicants for ma rketing approval for their own versions of a previously
approved pharmaceutical or agricultural chemical products permitted to rely on data submitted
by the earlier applicant.  If so, how long a peri od of exclusivity is the earlier applicant given
before such reliance becomes possible.
This is not possible again by practice as the law is silent.
Follow-up question:
In response to questions 32 and 33, Cyprus indicates that, while their law is silent on the
protection given test data submitted to obtain  marketing approval, their practice provides that
such data is protected as a trade secret of the applicant and that it is not possible for other
applicants to obtain marketing approval for their own versions of an earlier approved
pharmaceutical or agricultural chemical by rel ying on the data submitted by the earlier
applicant.  Please describe in detail the practice by which such protection is provided, including
details identifying and describing:
(a) the agency or agencies responsible fo r receiving applications for marketing
approval of pharmaceuticals or agricultural chemicals;
(b) the information and data required to be submitted by such applicants;(c) the procedures followed by that agency or agencies in reviewing applications for
marketing approval;
(d) the means employed to ensure that the information submitted is protected
against disclosure and unfair commercial use;
(e) the average period of time required to grant marketing approval;
(f)  the period during which later applicants for marketing approval may not rely
on data submitted by an original applicant;
(g) the regulations or other written materials describing the practices governing the
treatment of undisclosed or other test data required to be protected under
Article 39.3.
Pharmaceutical products
(a) The agency responsible for the issue of marketing licences for medicinal products for
human and veterinary use is the Drugs Council.  The President of the Drugs Council
is the Patent Secretary of the Ministry of Health.
(b) The data required to be submitted for such applications is the data stated in
Regulation 3, issued under the Drugs (Control of Quality Supply and Prices) LawIP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 32
No. 6 of 19673.  (Please note that the legislation is under review and it will be
amended next year 2001 to be fully harmonized  with the European Union
Legislation).  By decision of the Drugs Council  these data are structured according to
the data required by the European Uni on (Notice to the applicants).  Herewith
enclosed are a copy of Regulation 34 and a booklet stating the structure of the
application dossier4.
(c) The procedure for reviewing drug applications is as follows:  The applications are
received by the Pharmaceutical Services Department of the Ministry of Health.  A
preliminary assessment is undertaken by the Sector of Drugs Control of Quality
Supply and Prices.  The applications are forwarded to the two (2) subcommittees ofthe Drugs Council, one for human drugs and one for veterinary drugs.  Suggestions of
the two subcommittees are presented to the Drugs Council for a final decision, i.e.
issue or reject an  application or request further data.
(d). The confidentiality of information is safeguarded by the Civil Service Law, No 1 of
1990, article 67 (handling of written or verbal official information)
5.
(e) The average time requested to issue a marketing authorisation is six (6) months.(f) The period during which later applicants may not rely on data submitted by an
original applicant is not regulated by the existing legislation.  The new humanized
legislation will regulate this issue.
(g) The treatment of undisclosed or other test data required to be protected under
Article 39 is governed by the Civil Service Law 1 of 1990 article 67 as shown in (d)above
5.
Agricultural Chemicals
(a) The agency responsible for receiving applications for authorization and marketing
approval of agricultural chemicals (pesticides) is the "Pesticide Authorisation Board"
established according to the provisions of the "Pest Control Products Law of 1993"6.
The Board is chaired by the Director of the Department of Agricultural and is made
up of representatives of various government Ministries and Departments, the trade
and farmers unions.
The competent authority has delegated to the Department of Agriculture the
implementation of the pesticide  legislation.
(b) The information and data required to be  submitted by the applicants is provided by
the Pest Control Products Law No. 1 of 19936 and the Regulations of 19936.  The
main provisions are stated on the application form4.
                                                     
3 Available (in Greek) for inspection in the Intellectual Property Division of the WTO Secretariat.
4 Available (in English) for inspection in the Intellectual Property Division of the WTO Secretariat.
5 An English translation of Article 67 supplied by the Permanent Mission of Cyprus is reproduced in
the annex below.  The original Greek text is available for inspection in the Intellectual Property Division of the
WTO Secretariat.
6 Available (in Greek) for inspection in the Intellectual Property Division of the WTO Secretariat.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 33
(c) The procedures followed by the agency in reviewing the applications for marketing
approval include:
- first evaluation of data by the  Competent Authority of the Department of Agricultural
(completion of dossier);
- quality control of formulated  product;
- evaluation of data by two authorized committees of experts (one or residues and one
on technical matters);
- final approval or rejection by the Pesticides Authorisation Board.
(d) Information submitted is protected against disclosure and unfair commercial use.  All
data submitted with the application is protected by the  Competent Authority and no
one has access to it;
A draft regulation is under preparation for legal protection of information and data for
pesticides.
(e) The average period of time required to grand marketing approval is one year provided
that the active ingredient has already been authorized in at least one member State of
the European Union.  This period depends on the time of dossier completion, of
required field trials, quality control and evaluation of data.  For new active
ingredients this time may be up to 2-3 years.
(f) Later applicants for marketing approval may not rely on data submitted by an original
applicant when the product is protected by a patent.
(g) Article (39.3) relates to the provision of the Civil Servants Law 1/1990 article 675 on
the duty of confidentiality by civil servants.
I. ENFORCEMENT - GENERAL OBLIGATIONS
34. Please explain how the law of Cyprus provide for effective action against infringement
of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
(a) As to Copyright:
The Copyright Law (Law 59/1976 as amended) prov ides that infringement is actionable at the
Civil Courts.  Copyright is infringed by anyone who commits, causes or allows another
person to commit without the author's leave an act which is controlled by the copyright.
(Section 13(1).
Further section 13(4) provides that the following remedies are available in the case of
infringement:  damages, injunction, order of accounts.
(b) As to Trademarks:An action of infringement before the Civil Courts is provided by section 6 of our Trade Marks
Law, Cap. 268.  The remedies which are opened in any civil action are also opened to cases of
infringement of a Trademarks right.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 34
(c) As to Patents:
There is provision for protection against the infringement of patents or of the provisional
protection of patents after their publication:  Section 60(1) and (2) Patent Law (16(1)/1998 as
amended).
The owner of a patent and an applicant have also the above stated right to institute
infringement proceedings "against any person who has performed acts or is performing …
acts which make it likely that such infringement will occur" ("imminent infringement").
The licensee may also request the patent proprietor to institute  infringement Court
proceedings for any infringement indicated by the licensee.  The remedies available are:
Damages and Injunction.  Section 61 of our Patent Law.
J. ENFORCEMENT - CIVIL AND ADMINISTRATIVE PROCEDURES
35. Article 42.4 of the TRIPS Agreement provides fo r appeals to judicial bodies of final
administrative decisions and of at least the legal aspects of initial judicial decisions on the merits
of any act of infringement of intellectual property rights.  Please explain whether the laws of
Cyprus provide for such a mechanism.
In relation to appeals to judicial bodies of final administrative decisions there is such a right
from administrative decisions which is safeguarded by Article 146 of our Constitution.  This provides
for a right of "recourse" to the Supreme Court before a single Judge, at first instance, and there is also
a final revisionary jurisdiction before three Supreme Court Judges (a full court).
In the case of appeal from an infringement decision of the District Courts, there is a final
appeal to the Supreme Court – Civil Division.
36. Please describe in detail the procedures fo r filing and appealing intellectual property
infringement cases.
A civil case of infringement is filed at the Registry of the appropriate District Court.  Then
follow the Pleadings and in the case of the plaintiff the Statement of Claim which also contains the
remedies requested against the defendant.  There are the stages of disclosure and inspection ofdocuments and summons for directions and the summ oning of witnesses.  Then comes the hearing of
the case and the official pronouncement of the judgement.  Finally comes the filing of the judgement
with the relevant order, if any.  The filing of the judgement in the relevant Court book carries a date
from which the decision becomes enforceable.
The appeals for infringements of intellectual property rights are as those of all other civil
appeals.  An appeal takes the form of a rehearing.  The appellant may appeal against the whole of the
decision or any part of it.  There is a written Notice of Appeal which is filed with the Registrar of the
District Court which issued the decision or order together with a copy of the decision or order.  The
Notice of Appeal is filed not later than six weeks from the time the decision or the order binds thepurported appellant.  The Court may extend the above period at its discretion.
The Notice of Appeal must refer to all the points of the appeal and state all the reasons on
which it is based for these points.  The Notice of Appeal must be served, together with a copy of the
decision or order, to all the interested parties.   The Supreme Court may evaluate all the evidenceIP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 35
which was given to the Court below and it may also hear further evidence.  The appeal considers all
the points which are raised by the parties both of law and fact.
37. Please describe the procedures for protecting confidential information in intellectual
property infringement cases.
Under the Cyprus Law there are no such provisions for confidential information unless it is a
trade secret or it falls into the domain of public interest.  The Courts order disclosure of documents
and require all evidence to be submitted.
38. Article 43.1 of the TRIPS Agreement authorizes judges to order production of evidence
necessary to substantiate a party's claims wh ere that party has been unable to obtain such
evidence from the opposing party.  Please explain the provisions of the Cyprus' law or
regulations that provide this authorization.
The point is covered by the Civil Procedure Rules – Order 28.  This particular Order and the
rules under it are under the title Disclosure and Inspection.  The Courts are in favour of complete
Disclosure and very rarely (if ever) have denied such application for disclosure and inspection ofdocuments and submission evidence.
39. Article 44.1 of the TRIPS Agreement authorizes  judges to enjoin a defendant, except the
government, from infringing intellectual property rights.  Please cite to and describe the
provisions of the Cyprus’ laws or regulations that provide this same authorization.
There is no such general provision in any Cyprus intellectual property legislation.  The only
comparable provisions that we can refer to are the corresponding provisions of the Intellectual
Property legislations which give to the judges the authority to grant Injunctions against particular
defendants who are infringing intellectual property rights or are about to infringe such rights.  The
relevant sections of the Laws are as follows:
(a) The Patent Law, (16(I)/98) – Section 61(2).(b) The Copyright Law, (59/1976 – Section 13(4).
40. Please cite to and describe the provisions of the Cyprus' laws or regulations which
authorize judges to order the payment of monetary damages adequate to compensate for theinjury done by the infringement, as outlin ed in Article 45.1 of the TRIPS Agreement.
Damages are imposed, in case of infringement of intellectual property rights, as follows:
Patents
- The Patent Law, (16(I)/98) – Section 61(2) provides for damages in a case where the
owner of a patent proves that an infringement has been committed or is being
committed.
- The Copyright Law (59/1976) – Section 13(4).The plaintiff in an action for infringement of the copyright may use all the remedial measures
one of which is damages.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 36
Section 13(6) of the above law provides that where in an action under section 13, it is proved
or it is admitted the infringement of the copyright, the Court after taking into consideration (in
addition to all the rest of the substantial reasons):
(a) the flagrant manner of the infringement;  and
(b) any benefit which is proved that the defendant has incurred because of the
infringement, is convinced that the plaintiff cannot in any other way be effectively
compensated, it has the power, in estimating the damages because of the
infringement, to adjudicate such additional damages under this section ….. etc.
Trademarks
The Trade Marks Law, Cap. 268 gives this power under Section 6 and the general Civil
Procedure Rules are also applicable in the case of trademarks' infringement as in any other
case.
41. Article 45.2 of the TRIPS Agreement authorizes  judges to order the infringer to pay
right holders enforcement costs and recovery of profits and/or statutory damages.  Please cite to
and describe the provisions of the Cyprus' laws or regulations that provide this same
authorization.
The Copyright Law, Section 13(6) provides for the recovery of profits in the case when an
infringement is proved or is being admitted and the Court takes into consideration:
(a) the flagrant manner of the infringement;  and
(b) any benefit which is proved that the defendant has incurred because of the
infringement.
In such a situation the Court orders additional damages to be paid by the defendant for the
recovery of profits which the defendant has unlawfully made.
We do not have any other comparable provisions in our law.
42. Article 46 of the TRIPS Agreement authorizes  additional remedies including seizure of
infringing goods, and the disposal of material s and implements used predominantly in the
creation of infringing goods.  Please cite to and describe the provisions of the Cyprus' laws or
regulations to provide this same authorization.
Our Copyright Law provides by section 13(4) that the Court may order the infringer to
surrender to the right holder, who is considered th eir owner, all the copies which according to the
Court's opinion constitute an infringement of the C opyright subsisting in this work.  We do not have
any other explicit provision in our laws.
43. According to Article 48.1 of the TRIPS Agreem ent judges are authorized to indemnify a
defendant, including in the event of abuse by the plaintiffs.  Please cite to and describe the
corresponding provision in the Cyprus' laws or regulations.
The relevant provisions are those stated in the previous questions.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 37
K. ENFORCEMENT - PROVISIONAL MEASURES
44. Please explain in detail how Cyprus' laws or regulations comply with Article 50 of the
TRIPS Agreement, and in particular with paragraph 2.
Our Patent Law provides (Section 61(2)(b)) "that if the owner of the patent proves imminent
infringement, the Court shall grant an injunction to prevent infringement …".  Our Copyright Law
(Section 13(4) provides for the possibility of Injunction which is obviously granted in cases of an
imminent danger to infringe the right holder's copyright.
The Cyprus Trade Marks Law brings the remedies under section 6 and under the general
provisions of the Civil Procedure Rules.  In relation to TRIPS Agreement Article 50.2 as to the
possibility for the grant of a provisional measure inaudita altera  parte , our Civil Procedure Rules
provide for an Ex Parte grant of a provision Order (Injunction) (Order 48 of the Civil Procedure
Rules) where any delay is likely to cause irreparable harm to the right holder, etc.
L. ENFORCEMENT - SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
45. Article 51 of the TRIPS Agreement requires that countries adopt procedures that enable
right holders to request suspension of the importation of counterfeit trademarked goods and
pirated copyrighted works.  Please identify th e competent authority in Cyprus authorized to
accept applications for a request to suspend release of such goods, and cite to and describe the
relevant law or regulations governing such authority.
The competent authority in Cyprus is the Department of Customs and Excise and the present
Law is the Customs and Excise Law sections 39, 40, 48 and 49.  Also a  law has been drafted under
the title "Law providing for measures to prohibit the release for free circulation, export, re-export or
entry for a suspensive procedure of counterfeit and pirated goods" (hereinafter referred to as the "new
draft law").
The "new draft law" provides for the prohibition of the release of counterfeit trademarked
goods and pirated copyrighted works.  The "new draft law" also extends to the infringement of patents
by goods and to the infringement by goods (imported, exported or re-exported) of a supplementary
protection certificate for medicinal products and a supplementary protection certificate for plant
protection products.  All cases described above concern border control measures.
46. Please describe the procedures a right holder must follow to obtain border protection by
the competent authorities, e.g., if there is a form al application that must be submitted to the
competent authority, judicial or administrative, and the information required in the request for
suspension and cite the law or regulations providing such procedures.
Under Section 4 of the "new draft law" the owner of a registered trademark or the registered
user may file an application to the Customs (administrative authority).  The applicant must state thathe is the owner of the registered trademark or the registered user, to request the Customs to suspend
the clearing through Customs of the goods for which there are suspicions that these are
counterfeit/pirated.
The holder of a Copyright under section 5 of the Cyprus new draft law may file an application
to the Customs by:
(a) stating that he is the holder of a copyright;  andIP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 38
(b) requesting the Customs to suspend the clearing through Customs of goods which are
pirated.
It is provided that the right to file an application can be extended and to the holders of
exclusive licences and related rights.
Presently a right holder may inform in writing the Customs and Excise Department for
possible infringement through import or export to alert the Customs and Excise Department to detect
such infringements and take steps according to the present Customs and Excise Law, sections 39, 40,
48 and 49.
47. Please explain whether procedures, permissible under Article 51 of the TRIPS
Agreement, are available to stop the export of goods suspected of infringing other forms of
intellectual  property.
Except from the procedures under sections 4 and 5 above which concern trademarks and
copyright our draft law gives an extensive definition to the term "intellectual property" and to the term"right holder".
Thus within the definition of "intellectual property" also come "geographical indications,
patents, industrial designs etc.".  To the term "right holder" we have also the meaning: "The holder of
any other form of intellectual property".
Section 7 of the Cyprus "new draft law" provides for the intervention of the Customs
Authorities to stop the export of goods infringing other forms of intellectual property.  Section 8 of
the "new draft law" provides that section 7 is appl icable to the export of goods infringing other forms
of intellectual property.
48. Article 52 of the TRIPS Agreement requires that right holders wishing to stop
importation of counterfeit trademarked goods or pirated copyrighted works present evidence to
the competent authorities that there is prim a facie infringement of their trademark or
copyright.  Please explain what evidence will constitute prima facie  infringement in Cyprus.
Section 10(3) of the "new draft law" complies with Article 52 of the TRIPS Agreement and
this section provides that it is possible that the originals or copies of the below mentioned items,according to what is available, may be admitted as evidence.  As prima facie  evidence the Customs
may admit:
(a) the name and business address of the importer and/or recipient of the alleged suspect
goods;
(b) a sufficiently detailed description of the suspect goods to make them readily
recognisable by Customs, including a sample of the infringing article(s) or
photographic or other likeness reproduced on paper … etc.;
(c) the country or countries of origin of the suspect goods;
(d) the name and principal business address of each foreign person or business entity
involved in the manufacture and/or distribution of suspect articles;
(e) the mode of transportation and the identify of the transporter(s) of the allegedly-
infringing goods;IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 39
(f) the port(s) where it is anticipated the suspect articles will be presented to Customs;
The anticipated date of presentation to Customs;
(g) the Harmonised Tariff Schedule designation of the suspect goods (if known).
Today also this information may be submitted in writing to the Customs and Excise
Department and measures will be taken to identify the infringed goods.
49. Article 52 also requires that the right holder provide a "sufficiently detailed description
of the goods" to be stopped.  Please explain what is required of the right holder in Cyprus for adescription to be "sufficiently detailed."
For the purposes of satisfying the phrase "sufficiently detailed description of the goods"
which is to be found in Article 52 of the TRIPS Agreement we have the new draft law Section 10(4)
which provides:
"… a sample of the genuine product may be a sample of an object which carries the registered
trademark or the copyright or 2 photographic copies or other similar printing of a trademark or a
copyright, as these are used on goods, reproduced on paper not larger than 8 /½ x 11 (or similar)."
Under the present law similar information may be submitted and action will be taken.
50. Article 52 requires that the competent auth orities notify the right holder that his
application is accepted within a reasonable time.  Please explain within what period of time the
competent authority responds to a request for suspension of release of goods and, if the
application is accepted, the length of time during which enforcement action will be taken.
Section 13(1) of the new draft law has exactly the same wording as Article 52 of the TRIPS
Agreement:
"The Customs within a reasonable time from the receipt of the application … inform the
applicant whether the application has been accepted or has been refused or shall be
considered further."  What is this "reasonable time" is not defined at present but the Customs
may fix this "reasonable time" by Special Regulations after the enactment of the draft law.
When the application is accepted enforcement action will be taken within twelve months.
(Section 13(1) of the draft law).  This period may be extended further subject to other
provisions of the draft law (Section 14).
Today action for investigating such complains are taken immediately and upon receiving
promptly accurate information the Customs and Excise Department has successfully dealt with theses
cases.
51. Article 53.1 requires that the competent authorit ies have the authority to secure from an
applicant a security or equivalent assurance suff icient to protect a defendant and to prevent
abuse.  Please verify that the competent auth orities identified above are empowered to require
security or equivalent assurance and provide citations to and describe the provisions of law or
regulation that grant them that authority.
Under Section 15 of the "new draft law" the Customs Department shall have authority to
require an applicant to provide a security or equivalent assurance sufficient to protect the importer,IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 40
consignee, exporter or owner of the goods and the competent authorities.  However, such security or
equivalent assurance shall not unreasonably deter recourse to these procedures.
52. Article 53.2 provides that the owner, importer, or consignee of goods involving
industrial designs, patents, layout-designs or undisclosed information that have been suspended
by customs authorities should be able, in certa in circumstances, to have such goods released on
payment of security sufficient to protect the right holder from infringement.  Please identify
what forms of intellectual property, if any, are subject to provisions of Article 53.2 and cite to
the relevant provisions of law or regulations.
The relevant forms of intellectual property which  are subject to provisions of Article 53.2
are:  Industrial designs, patents, layout-designs, certificates, models and undisclosed information.This is provided by section 16(5)(a) of the draft law which provides:
"where pursuant to an application the clearan ce of goods involving industrial designs, patents,
certificates, models, layout-designs or undisclosed information, into free  circulation, has been
suspended because there is suspicion that they infringe the above intellectual property rights,their owner, importer or consignee may secure th e receipt of these goods or their release, on
the posting of a security."
53. Article 54 requires that the importer and th e applicant be notified promptly of the
suspension or release of goods.  Please iden tify the authority/authorities responsible for
notifying the importer and applicant and cite to and describe the law or regulations spelling out
the procedure.
The authority responsible for notifying the importer and applicant is the Customs and Excise
Department.  The relevant provision is sect ion 16(2) of the draft law which provides:
"The Customs shall immediately inform the importer and the applicant of the suspension of
the clearance of the goods, and shall state the reasons for such suspension."
54. Please specify the period within which the competent authority has to issue a notice that
the release of goods has been suspended.
According to section 16(3) of the "new draf t law" the period provided within which the
competent authority has to issue a notice that the release of goods, has been suspended is ten workingdays.
55. Article 55 makes it clear that the right ho lder applying for suspension of infringing
goods must initiate a proceeding on the merits in an appropriate forum within a reasonable
period of time or the goods will be released.  Plea se identify the fora in which an applicant/party
may initiate proceedings on the merits that will allow customs authorities to hold the goods
beyond ten working days.
The fora in which an applicant/party may initi ate proceedings on the merits that will allow
customs authorities to hold the goods beyond ten working days are the District Courts.  The "new
draft law" section 16(3) speaks only of "the competent authority to decide on the merits" withoutnaming it.
56. Article 55 provides that a review is to take place within a reasonable time at the request
of the defending party to determine if the susp ension measures should be modified, revoked, or
confirmed pending the outcome of the proceeding on  the merits.  Please identify the forum thatIP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 41
is authorized to conduct such a review and describe the procedure.  Please cite the law or
regulations providing for these procedures.
The forum which is authorized to conduct such a review is the Customs Department.  The
relevant provision is as follows:
If the administrative procedure has commenced after a request by the importer including and
of the right to be heard the Customs reviews its decision to suspend the clearing of the goods with the
purpose to decide, within a reasonable time, whether these measures are modified, revoked or
confirmed.  The relevant provision is section 16(4) of the new draft law.
57. Article 56 requires that the authorities be ab le to require the applicant to compensate
the  defending party for any injury caused if  the detention of goods was unfounded.  Please
identify the authorities that can order the appl icant to pay the importer, consignee or owner
compensation for injury caused by wrongful detention or through the detention pursuant to
Article 55 and cite to the law or regulations providing that authority.
Such authority is the Customs Department.  Under Section 12 of the "new draft law" "any
application to the Customs which is filed ….must be accompanied by the binding of the person who
files the application for the release of the Custom s from the liability for the compensation of any
importer, consignee, exporter or owner of goods fo r the loss or damage as a consequence of improper
suspension of the clearance of the goods".
58. Article 57 requires that the competent authorities be able to authorize the right holder
to inspect the detained goods in order to substantiate the claims.  Please explain how right
holders are provided an opportunity to insp ect suspect goods that have been detained by
customs authorities.
This is provided in "new draft law" by Section 17(1):…"the Customs Department may allow
a right holder, importer or exporter to examine the goods, the clearing of which has been suspended
by …and to take samples for examination, control and analysis, in order to define whether the goods
are pirated, counterfeit or they infringe in any other manner an intellectual property right."
59. Article 57 also requires that, where the decision  on the merits favours the right holder,
the competent authorities also may be given authority to give right holder information
regarding the importer, consignee or consignor.  If competent authorities in Cyprus can provideinformation regarding the importer, consignee or consignor to the right holder, please explain
how information regarding names and addresses of consignors, importers and consignees and
quantities of goods are provided to the applicant after a positive decision of infringement is
made, e.g. authorities automatically providing information or by submission of a written
request from the right holder, etc.  Please cite to the law or regulations providing suchauthority.
The Customs Department can provide information regarding the importer, consignee or
consignor to the right holder.  This information is given automatically by the Customs Department.
The section under the "new draft law" is section 17(3).
60. Article 58 specifies procedures to be followed where the competent authorities can act
ex officio .  Please explain whether the competent au thorities in Cyprus are empowered to act
ex officio  and, if so, please identify the intellectual property areas subject to ex officio  action and
describe how that action is taken.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 42
Section 20(1) of the new draft Law empowers the Customs authorities to act ex officio .  The
relevant provision is:
"If during the procedure of Customs control of goods has been proved prima facie that an
intellectual property right has been infringed or it is likely to be infringed, the Customs
Department may suspend the granting of a licence to receive the goods for a period of three
working days or to bind the goods so that the right holder is to file an application .. under this
law."
This provision under the "new draft law" refers to all forms of intellectual property.
61. Article 59 identifies the remedies that are to be available, including destruction or
disposal of infringing goods outside the stream of commerce.  Please explain what the law in
Cyprus permits regarding the disposition of infringing goods, i.e. does the law allow for
destruction, disposal or both.  Please cite to  the law or regulations providing such authority.
The "new draft law" provides as follows regarding the disposition of infringing goods:
The Customs Department may dispose of them:(a) by destruction under Customs supervision;  or
(b) by such other manner which the Customs deems expedient within its competence
provided that such manner of disposal places the goods outside normal channels of
commerce, shall deprive the importer of any economic benefits without being
detrimental to the owner of the trademark or the holder of the copyright and without
damages of any kind and without any charge to be paid by the Republic of Cyprus;
(c) to take as against these goods every other measure which should have as a result to
deprive in fact the persons who infringe an intellectual property right from the
economic gain of the exercise.
The relevant provision of the new draft law is section 22(1).
62. Please identify:  (1) the competent authorit y that decides the disposition of the goods,
i.e., whether the goods will be destroyed or dispos ed of outside the stream of commerce;  and (2)
the competent authority that  carries out the destruction or disposal of the goods.
(1) The competent authority that decides the disposition of the goods is the Customs
authority unless the judicial authority should otherwise order.
(2) The competent authority that carries out the destruction or disposal of the goods is the
Customs authority.
63. Article 60 permits Members to exclude from the provisions for border enforcement
small quantities of goods of a non-commercial nature carried by passengers or sent in small
consignments.  Please describe what constitutes a de minimis  import that is excluded from the
border measures under the law of Cyprus.
It is provided by section 3(1) of the new draft law a certain deminimis import that is excluded
from the border  measures under our law:IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 43
" Counterfeit or pirated goods are prohibited from being imported etc.
… unless these are imported in the personal luggage of passengers for personal use within the
terms which have been set for the grant of Customs duty free."
M. ENFORCEMENT - CRIMINAL PROCEDURES
64. Article 61 of the TRIPS Agreement requires that Members have criminal procedures
and penalties, including imprisonment and/or mone tary fines sufficient to act as a deterrent, at
least for cases of wilful trademark counterfeiti ng and copyright infringement on a commercial
scale.  Please describe the provisions of the law of Cyprus that fulfil that obligation and provide
legal citations.
Under our Copyright Law certain offenc es of wilful Copyright infringement
are punishable as follows:
"Anyone who knowingly:Shall commit an offence he shall, on conviction, be liable to a fine not exceeding one
thousand five hundred pounds (£1,500) or to imprisonment which is not exceeding the two (2)
years or to both such penalties and in the case of a second or any subsequent conviction he
shall be liable to a fine not exceeding two thousand pounds (£2,000) or to imprisonment
which is not exceeding the three (3) years or to both such penalties."
The relevant provisions which contain criminal procedures and penalties are to be found in
section 14(1),(2) and (3) of our Copyright Law.
Also under the Trade Descriptions Law secti ons 16-20 the penalties are up to £750 and/or
imprisonment up to 12 months or both.  In case of a second conviction penalty up to £1,000 and/orimprisonment up to two years or both.  Also the court can order forfeiture of the goods.
And under the Customs and Excise Law sections 40, 48(4) and 49(2) the law here provides
penalty up to 3 times the cost of the goods and/or imprisonment up to 2 years or both.
The crimes can be prosecuted either when the injured party has made a formal complaint or
these may be also prosecuted ex officio  by the competent authorities which are the Police or the
Attorney-General's Office.
65. Article 61 also requires that remedies in appr opriate cases include the seizure, forfeiture
and destruction of infringing goods and any materials and implements the predominant use of
which has been the commission of the offence.  Please explain the provisions in the laws of
Cyprus that provide for such remedies, and desc ribe the circumstances in which those remedies
would be imposed.  Please provide legal citations.
In the case of infringing goods, or materials under our Copyright Law section 14(4) of our
Law provides:
"The Court before which any such proceedings are taken may, whether the alleged offender is
convicted or not, order that all copies of the work or all plates in the possession of the alleged
offender, which appear to it to be infringing copies, or to be plates for the purpose of making
infringing copies, shall be destroyed or delivered up to the owner of the copyright or
otherwise dealt with as the Court may think fit."IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 44
In the case of trademarks, Copyright and other goods protected by intellectual property rights
these can be seized forfeited and destroyed under the Trade Descriptions Laws section 30(1)(2) and
Customs and Excise Law.
66. Article 61 also indicates that Members may provide for criminal procedures and
penalties in cases of wilful infringement of oth er forms of intellectual property.  Please describe
any provisions of the laws of Cyprus that provide for such procedures and remedies.  Please
provide legal citations.
The Trade Descriptions Law is one example.
67. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, layout-design of integrated circuit, and trade secret
enforcement for each of the years 1998 and 1999, including the number of cases filed;
injunctions issued;  infringing products seized;  infringing equipment seized; cases resolved
(including settlement);  and the amount of damages awarded.
Our Courts do not publish any such statistical information.
68. Please provide statistical information related  to criminal enforcement in the area of
copyright piracy and trademark infringement fo r each of the years 1998 and 1999, including the
number of raids, prosecutions, convictions, and th e amount of fines and/or jail terms (including
whether the fines were paid and whether the jail term was actu ally served or was suspended)
and any other information establishing that the criminal system operates effectively to deter
copyright piracy and trademark counterfeiting.
Our Courts and other authorities do not publish any such information.  The Department for
the protection of Consumers and against unfair competition has given us the following statistics as to
goods confiscated and most of them have been destroyed or are kept in safe custody until the courtdecision:
Years 1998-1999-2000:-  Clothing 150,000 pieces
-  Cigarettes 14 million pieces
-  Cigars 1,200 pieces-  Video tapes 4,000
-  Shoes 9,500 pieces
-  Perfumes 3,000
-  Watches 931
-  Belts 3,500
69. Please describe any new initiatives that are planned to improve enforcement of
intellectual property rights in Cyprus, particularly initiatives related to criminal enforcement.
The "new draft law" on Border Enforcement is to become law by the end of this year.  In this
law we have criminal procedures and penalties to deter the movement, export, re-export, import inCyprus of counterfeit and pirated goods and goods infringing other intellectual property rights.IP/Q/CYP/1, IP/Q2/CYP/1,
IP/Q3/CYP/1, IP/Q4/CYP/1
Page 45
ANNEX
Civil Service Law No. 1/1990 (Article 67) – English translation
(1) Every written or verbal information that comes to the knowledge of a civil servant during the
execution of his duties is confidential and it is prohibited to be disclosed to any person, except only
under the proper execution of official duties, or under the express authorisation of the competent
Authority.
(2) Subject to the provisions of any other law, when a civil servant is summoned to give evidence
on any matter relating to the execution of his duties or to present any official document which is under
his custody, the civil servant refers the matter to  the competent Authority to decide whether this
evidence or the presentation of the requested document is contrary to the public interest and the
competent Authority after consulting with the Attorney General of the Republic will decide
accordingly on the subject-matter, in question.
(3) A civil servant is not allowed to give techni cal or scientific advice to any person without the
permission of the competent Authority, otherwis e than in the execution of official duty.
__________