WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPlNllICYP/G/l 
30 June 1997 
(97-2682) 
Original: Englishl 
anglaisl 
inglés 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
The present document reproduces 1 the text of the Trade Descriptions Law, No. 5/87, as notified by 
Cyprus under Article 63.2 of the Agreement (see document IP/N/lICYP/l). 
Cyprus has notified Article Il of the Trade Marks Law as also being relevant to the protection of 
geographical indications (see document IP/NJ lICYPJ 1 , p. 3). The text of the Trade Marks Law can be found 
in document IP/N/lICYP/T/l. 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A 
LA PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Le présent document contient le texte! de la Loi n· 5/87 sur les désignations commerciales, notifiée 
par Chypre au titre de l'article 63:2 de l'Accord (voir le document IP/N/lICYP/l). 
Chypre a notifié l' article Il de la Loi sur les marques comme étant également pertinent en ce qui concerne 
la protection des indications géographiques (voir le document IP/N/lICYP/1, page 3). Le texte de la Loi sur 
les marques est reproduit dans le document IP/N/1/CYP/T/l. 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES y REGLAMENTOS DEDICADOS A LA 
PRO PIED AD INTELECTUAL NOTIFICADOS EN VIRTUD DEL 
PÂRRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
En el presente documento se reproduce1 el texto de la Ley de Descripciones Comerciales, N° 5/87, 
notificada por Chipre en virtud deI parrafo 2 deI articulo 63 deI Acuerdo (véase el documento IP/N/lICYP/l). 
Chipre ha notificado el articulo Il de la Ley de Marcas de Fâbrica 0 de Comercio por ser también 
pertinente para la protecci6n de las indicaciones geograficas (véase el documento IP/N/1/CYP/1, pagina 3). 
El texto de la Ley de Marcas de Fâbrica 0 de Comercio figura en el documento IP/N/1/CYP/T/l. 
lEnglish only/anglais seulementlinglés solamente. IP/N/lICYP/G/l 
Page 2 
THE TRADE DESCRIPTIONS LAW 1987 
Arrangement of sections 
PRELIMINARY PROVISIONS 
Section 
l . Shor t t i t le. 
2. Interpretation. 
PROHIBITION OF FALSE TRADE DESCRIPTIONS 
3. Prohibition of false trade description. 
4. Trade description. 
5. False trade description. 
6. Applying a trade description to goods. 
7. Trade descriptions used in advertisements. 
8. Offer to supply. 
9 . 
10. 
11. PROHIBITION OF FALSE STATEMENTS OTHER TRAN 
FALSE TRADE DESCRIPTIONS 
Prohibition of false or misleading indications 
priee of goods. 
Prohibi tion of faise representations. 
Prohibition of false or misleading statements 
services. 
INDICATION OF COUNTRY OF MANUFACTURE 
OR PRODUCTION as to 
as to 
12. Indication of country of manufacture etc. of goods. 
13. Country of production. 
POWER TO IMPOSE REQUIREMENTS FOR MARKING 
AND PROVIDING CERTAIN INFORMATION 
14. Order for Marking. IP/N/1/CYP/G/l 
Page 3 
15. Information, to be given in advertisements. 
PENAL PROVISIONS 
16. Offences and penalties. 
17. Liability of Officers of corporate bodies. 
18. Accessories to Offences committed abroad. 
19. Offences due to fault of other person. 
20. Tjme limit for prosecutions. 
DEFENCES 
21. Defence of mistake, accident, etc. 
22. Innocent publication of advertisement. 
23. Innocent act by emp1oyee. 
ORGANS AND MEANS OF EN FORCEMENT 
24. Authorization of officer. 
25. Power to make test purchases. 
26. Power to enter premises and inspect and seize goods 
and documents. 
27. Obstruction of authorized officers. 
28. Notice of test and intended prosecution. 
29. Compensation for 1055, etc. of goods seized under 
s.26. 
MISCELLANEOUS PROVISION 
30. Prohibition on Importation. 
31. Rules as to evidence. 
32. Trade marks containing trade descriptions. 
33. Saving for Contractua1 Obl igations. 
34. Savings. 
35. Regulations. 
36. Coming into force. IP/N/lICYP/G/l 
Page 4 
Short 
title. 
S of 1987 
201 of 1987 
3 of 1992. 
Interpre­
tation. No. S of 1987 
A LAW TO REPEAL THE 
MERCHANDISE MARKS LAW (C~P.26S) 
AND TO SUBSTITUTE NEW PROVISIONS 
THEREFOR 
The House of Representatives enacts as follows: 
PRELIMINARY PROVISIONS 
1. This Law may be ciied as the Trade Descriptions 
Law of 1987 until 1992. 
2.-(1) In this Law, unless the context otherwise 
requires-
"advertisemeni" includes a catalogue, a circular 
and a price-list; 
"authorized officer" means a pers on duly author­
ized in accordance with the provisions of sec­
tion 24 of this Law; 
"consumer"-
(a) in relation to any goods, rneans any person 
who miqht wish to be supplied with the 
goods for his own private use or consump­
tion; 
(b) in rel a t ion t 0 an y se r vic e sor fa ci li t i es, 
means any person who might wish to be pro­
vided with the services or facilities for 
purposes other than those of his business: and IP/N/1/CYP/G/l 
Page 5 
(c) in relation to any accommodation, means any 
person who might wish to occupy the accom­
modation for purposes other than those of 
his business; 
"goods" includes ships and aircraft, things 
atlached to land and growing crops; 
"Minister" means the Minister of Commerce and 
Industry; 
"name" includes any abbreviation of a name; 
"premises" includes-
(a) any place where any business, industry, 
production or trade is carried on or where 
services, accommodation or facilities are 
provided; 
Cb) any place where any goods are stored, kept 
or exhibi ted; 
(c) a dwelling house if any part thereof is 
used for the purpose of, carrying on any 
business, industry, production or trade or, 
providing services, accommodation or faci­
lities; 
(d) a place where any books of account or other 
documents, pertaining to, the carrying on 
of any business, inàustry, production or 
trade or, the provision of services, are 
kepl; 
and for the purposes of th i s term, "p lace" IP/NIlICYP/GI 1 
Page 6 
includes vehicle, ship and aircraft; 
"priee", in relation to any goods, services, 
accommodation or facilities, means the aggregate 
of the sums required to be paid by a consumer 
for the supply of the goods or the provision of 
the services, accommodation or facilities and 
includes any method which will be or has been 
applied for the purpose of determining that 
aggregate; 
"Republic" means the Republic of Cyprus; 
"services" means the undertaking and perform­
ance, for profit or remuneration, of obligations 
for any matter, except the production or supply 
of goods, but does not include the provision of 
services to an employer under a contract of 
service; 
"ship" includes any boat and any other descrip­
tion of vessel used in navigation; 
"supply" includes sale, exchange, hire and 
hire-purchase; 
"trade mark" includes any trade mark which, 
either with or without registration is protected 
by Law in the Republic, or in any other country 
with which the Republic has any arrangement for 
the mutual protection of trade marks; 
(2) For the purposes of this Law, a trade descrip­
tion or statement published in any newspaper, book, or 
periodical or in any film or sound or television 
b~oadcast shall not be deemed to be a trade descrip­
tion applied or statement made in the course of a 
trade or business, unless it is, or forms part of, an Prohibition 
of taIse 
trade 
description. 
Trade 
description. advertisement. IP/N/lICYP/G/l 
Page 7 
PROHIBITION OF FALSE TRADE DESCRIPTION 
3.-(1) No person shall in the course of any trade 
or business-
(a) apply a faise description to any goods; or 
(b) supply or otfer to supply any goods to which a 
false description is applied. 
(2) Sections 4 to 8 shaii have effect for the pur­
poses of this section and for the interpretation of 
terms and expressions used in this section, whenever 
they occur in this Law. 
4.-(1) A trade description is an indication, direct 
or indirect, and by whatever means given, of any of 
the followinq matters with respect to any qoods or 
parts of goods, that is to say-
(a) quantity, size or gauge; 
(b) method of manufacture, production, processing 
or reconditioning; 
(c) composition; 
(d) fitness for purpose, strength, performance, 
behaviour or accuracy; 
(e) any physical characteristics nat included in 
the preceding paragraphs; 
(f) tes t ing by any persan and resul ts thereaf; IP/N/1/CYP/G/l 
Page 8 
(g) approval, authorisation, or permit given by any 
person; 
(h) person by whom manufactured, traded, produced, 
processed or reconditioned and qualifications 
and capacity of that person; 
(i) country, place or date of manufacture, produc­
tion, processing or reconditioning; 
(j) other history, including previous ownership or 
use; 
(k) terms of sale including the existence of guar­
antee and aftersale service and repair; 
(1) conformity with any standard approved by any 
person, or established or recognised or com­
monly used in the trade; 
(m) that any goods or parts of geeds are the suh­
ject of any existing patent, privilege or copy­
right or trade mark, 
and includes use of any figure, word, letter or mark 
or combinat ion thereof which is commonly taken as an 
indication of the above matters. 
(2) The matters specified in subsectien (1) of this 
section shall also apply-
(a) in relation to any animal, te include sex, 
breed or cross, fertility and soundness; 
(h) in relation te any semen, to include the ident­
ity and characteristics of the animal from 
which it was taken and measure of dilution. False 
trade 
description. 
3 of 1992. 
3 of 1992. 
Applying a 
trade 
description 
t.o goods. IP/N/1/CYP/G/l 
Page 9 
(3) In this section "quantity" includes length, 
widt.h, height., area, volume, weight and numher. 
5.-(1) A false t.rade descpiption is a trade 
description which is false to a degree which objec­
tively may mislead. 
(2) A trade description which, though not false, is 
misleading, t.hat is to say. likely ta he taken by 
inference from what it states or fail~ to state for 
such an indication of any of the matters specified in 
section 4 of this Law as would be false to a degree 
which objectively may mislead, shall be deemed ta be a 
false trade description. 
(3) Anyt.hing which, though not a trade description. 
is likely to be taken by inference from what it states 
or fails to state for an indication of any of the 
matters specified in section 4 and, as such an indica­
tion, would be false to a degree which objectively May 
mislead, shall be deemed to be false trade descrip­
tion. 
(4) A faise indication, or anything likely to be 
taken as an indication which would be false, that any 
goods comply with a standard specified or recognised 
by any person or implied by the approval of any person 
shall be deemed to be a faise trade description, if 
there is no su:ch persan or no standard sa specified, 
recognised or implied. 
6.-(1) A persan applies a trade description ta 
goods if he-
(a) affixes or annexes it to or in any manner marks 
it on or incorporates it with-IP/N/1/CYP/G/l 
Page 10 
Trade 
descriptions 
used in 
advertisements. (i) the goods themselves, or 
(ii) anything in, on or with which the goods 
are suppliedi or 
(b) places the goods in, on or with anything which 
the trade description has been affixed or 
annexed to, marked on or incorporated with, or 
places any such thing with the goods; or 
Cc) uses the trade description in any manner likely 
to he taken as referring to the goods. 
(2) Where goods are supplied in pursuance of a 
request in which a trade description is used and the 
circumstances are such as to make it reasonable to 
infer that the goods are supplied as goods correspon­
ding to that trade description, the person supplying 
the goods shall be deemed to have applied that trade 
description to the goods. 
7.-(1) T~e following provisions of this section 
shall have effect where in an advertisement a trade 
description is used in relation to any class of goods. 
(2) The ~rade description shall be taken as refer­
ring to al: goods of the class, whether or not in 
existence a: the time the advertisement is published-
(a) for the purpose of determining whether there 
has =een a contravention of paragraph (a) of 
sect:on 3(1); and 
(h) where goods of the class are supplied or 
offe=ed to be supplied by a person publishing 
or è:splaying the advertisement, also for the 
pur~:se of determining whether the=e has been Offer to 
supply. 
Offences of 
giving 
Ilisleading 
price 
indication. 
4 of 3/92. IP/N/lICYP/G/1 
Page Il 
contravention of paragraph (b) of the said sec­
tion 3(1}. 
(3) In determining for the purposes of this section 
whether any goods are of a class to which a trade 
description used in an advertisement relates regard 
shall be had not only to the form and content of the 
advertisement but also to the time, place, manner and 
frequency of its publication and aIl other matters 
making it likely or unlikely that a person to whom tte 
goods are supplied would think of the goods as belong­
ing to the class in relation ta which the trade 
description is used in the advertisement. 
8. A persan exposing goods for supply or having 
goods in hi 5 possess ion for supply shall be deemed to 
of fer to supply them. 
PROHIBITION OF FALSE STATEMENTS OTHER THAN 
FALSE TRADE DESCRIPTIONS 
9A.-(1) Subject to the provisions of this Law, a 
person shall be guilty of an offence if, in the course 
of trade, business or profession, he gives to con­
sumers by whatever means Any indication which is mis­
leading as ta the price at which Any goods, services, 
accommodations or facilities are available whether 
generally or from particular persons. 
(2) Subject to the provisions of this Law, a persan 
shall be guilty of an offence if-
(a) in the course of trade, business or professiar., 
he has given an indication ta any consumers 
which, after it was given, has become mislead­
ing as mentioned in subsection (1) above; and IP/N/lICYP/G/1 
Page 12 
(b) some or all of those consumers might reasonably 
be expected to rely on the indication at a time 
after it has become misleading; and 
(c) he fails to take aIl such steps as are reason­
able to prevent those consumers from relying on 
the indication. 
(3) For the purposes of this section it shall be 
immaterial-
(a) whether the person who gives or gave the indi­
cation is or was acting on his own behalf or on 
behalf of another; 
(b) whether or not that person is the person, or 
included among the persons, from whom the goods 
accommodation or facilities are available; and 
(c) whether the indication ls or has become mis­
leading in relation to aIl the consumers to 
whom it is or has been given only in relation 
to sorne of them. 
(4) Any person found guilty of an offence under 
subsection (1) or (2) shall be subject to the pen­
alties provided for under subsection (1) of section 16 
of this Law. 
(5) In a criminal proceeding for an offence under 
subsection (1), it shall be a defence for the defend­
ant to show that-
(a) the indication did not relate te the availabil­
ity from him of any goods, services, accommoda­
tions or fascilities; Keanlng of 
Itmisleading" 
indication 
as to priee. 
4 of 3/92. IP/NIlICYP/GI 1 
Page 13 
(b) the priee had been recommended to every persan 
tram whom, in àccordance with the indication, 
the qoods, services, accommodations or fasci­
Iities were being available; 
(c) the indication related to that priee and was 
misleading as ta that priee only by reason of a 
failure by any person to follow the priee that 
was recommended; 
(d) it was reasonable for the person who gave the 
indication ta assume that the recommendation 
was, to a great extent, being followed. 
9B.-(1) For the purposes of section 9A above, an 
indication given to any eonsumers is misleading as to 
the priee if what is conveyed hy the indication, or 
what those consumers might reasonably be expected ta 
infer from the indication or any omission from it, 
includes any of the following that is to say-
(a) that the priee is less than in fact il is; 
(b) that the applicahility of the priee does not 
depend on facts or eircumstanees on which ils 
applieahility does in fact depend; 
(e) that the priee covers matters in respect of 
which an additional charge is in fact made; 
(d) that a person who in fact has no such expecta­
tion-
(i) expects the priee to be increased or 
reduced whether or nct al a particular 
time or by a particular amount; or IP/N/lICYP/G/1 
Page 14 
Code of 
praetiee. 
4 of 3/92. (ii) expeet. the priee or lhe priee as 
inereased or redueed, to be mainlained 
whether or not for a particular period; 
or 
(e) that the facts or cireumstances by reference to 
whieh the eonsumers might reasonably be 
expeeted lo judge the validily of any relevant 
eomparison made or implied by the indication 
are not what in fact tbey are. 
(2) For the purposes of subsection (l)(e) above, a 
comparison is a relevant comparison in relation to a 
priee if it is made between that priee and any priee 
or value which is stated or implied to be, to have 
been or to be likely to be attributed or attributable 
to the goods, services, accommodation or fascilities 
in question or to any other goods, services, accommo­
dation or fascilities; 
9C.-(1) The Minister may, after consultations with 
the interested parties or associations which, in his 
opinion, they represent interesls that are greatly 
affected, by order published in the OfficIal Gazette 
of the Republic, approve any code of practice for the 
purpose of-
(a) giving practical guidance with respect to any 
of the requirements of section 9A above; and 
(b) promoting the methods or proceedings that 
appear to the Minisler to be a desirable prac­
tice as to the circumstances and manner in 
which any pers on gives an indication as to the 
price at which any goods, services, accommoda­
tion or fascilities are available or indicating 
any other matter in respect of which any such 
indication may be misleading. Regulatio~s 
as ta price 
indications. 
4 of 3/92. IP/N/lICYP/G/1 
Page 15 
(2) A contravention of a code of practice approved 
under this section shall not of itself give rise to 
Any criminal or civil liability, but in Any proceed­
ing9 against Any person for an offence under section 
9A(1) or (2) above-
(a) Any contravention by that pers on of such a code 
may be relied on in relation to Any matter for 
the purpose of establishing that that person 
committed the offence or of negativing any 
defence; and 
(b) compliance by that person with such a code may 
he relied on in relation to Any matter for the 
purpose of showing that the commission of the 
offence by that person has not heen established 
or that that person has a defence. 
9D.-(1) Regulations made under section 35 may 
include provisions-
(a) concerning the circumstances and manner in 
which Any pers on-
(i) gives Any indication as to the price at 
which Any goods, services, accommodation 
or facilities will be or are available or 
have been supplied or provided; or 
(ii) indicates Any other matter in respect of 
which any such indication May be mislead­
ing; 
(b) for the purpose of fascilitating the enforce­
ment of the provisions of section 9A above or 
of Any regulations made under this section. IP/N/lICYP/G/1 
Page 16 
(2) Without any prejudice as to the qenerality of 
suhsection (1), requlations made under this section 
may-
(a) prohibit any indication as to a price from 
referrinq to such matters as may be prescribed 
by the regulations; 
(b) require any indication as to a price or other 
matter to be accompanied or supplemrnted by 
such explanations or such additional informa­
tion as may be prescribed by the regulations; 
(c) require information or explanations with 
respect to a price or other matter to be given 
to an authorised officer and to authorise such 
an officer to require such information or 
explanations to be given; 
Cd) require any information or explanations pro­
vided for the purposes of any regulations made 
by virtue of paragraph (b) or (c) above to be 
accurate; 
Ce) prohibit the inclusion in indications as to a 
price or other matter of statements that the 
indications are not to be relied upon; 
Cf) provide that expressions used in any indication 
as to a priee or other matter shall be con­
strued in a particular way for the purposes of 
this Law; 
(g) provide that a contravention of any provision 
of the regulations shall constitute a criminal 
offence for which the provided penalties may 
not exceed those penalties provided by section 
16 of this Law; Prohibit.ion 
of false 
represen­
tations. 
Prohibition 
of faise or 
misleading 
stat.ements 
as t.o services. 
S(a) of 3/92. IP/N/lICYP/G/1 
Page 17 
(h) provide for the applicability of any provision 
of this Law which relates to a criminal offence 
to an offence created by virtue of paragraph 
(g) above. 
10. No person shall, in the course of any trade or 
business, give, by whatever means, any false indica­
tion, direct or indirect, that any goods or services 
supplied by him are of a ki~d supplied to any person. 
11.-(1) Subject to the provisions of any other Law, 
no person shall, in the course of any trade, business 
or profession-
(a) make a statement which he knows to he false; or 
(h) recklessly make a statement which is false as 
to any of the following matters, that is to 
say-
(i) the provision in the course of any 
trade, business or profession of any 
services, accommodation or facilities; 
(ii) the nature of any services, accommoda­
tion or facilities provided in the 
course of any trade, business or pro­
fession; 
(iii) the time or the place at which, or the 
manner in which or persons by whom any 
services, accommodation or facilities 
are so provided, as well as the qualifi­
cations and capacity of such persons; 
(iv) the examination, approval or evaluation 
by any person of any services, accommo-IP/N/1/CYP/GIl 
Page 18 
5 (b) of 3/92. 
Indication 
of country 
of manufa­
cture etc. 
of goods. dation or facilities so provided; 
(v) the location or amenities of any accom­
modation so providedi or 
(2) For the purposes of this section-
(a) anything (whelher or not a statement as to any 
of the matters specified in subsection (1» 
likely to be taken hy inference from whal it 
1 states or fails to state for such a statement 
as to any of those rnatters as would be false 
shaii be deemed to he a false statement as to 
that matter; and 
(b) a statement made regardless of whether it is 
true or faise shall be deemed to be made reck­
lessly, whether or not the person making it 
had reasons for believing that it might be 
false. 
(3) In relation to any services consisting of or 
including the application of any treatment or process 
or the carrying out of any repair, the matters speci­
fied in subsection (1) shall be taken to include the 
effect of the treatment, process or repair. 
(4) In this section "false" means false to a degree 
which objectively May mislead. 
INDICATION OF COUNTRY OF MANUFACTURE 
OR PRODUCTION 
12.-(1) Subject to the provisions of any Regula­
tions made under subsection (3) and the provisions of 
any other Law, no person sha~l, in the course of any 
trade or business-6 of 3/92. 
2 of 201/87. IP/N/lICYP/G/1 
Page 19 
(a) import into the Republic any goods which at the 
time of their importation are not marked with, 
or accompanied by, a clear and conspicuous 
indication of the country of their manufacture 
or production; 
(b) supply or offer to supply in the Repub~ic any 
goods which ar~ not marked with, or accompanied 
by, a clear and conspicuous indication of the 
country of their manufacture or production; 
Cc) publish any advertisement which enables any 
person to be supplied directIy with goods which 
have not been previously tested, uniess the 
advertisement contains a clear indication of 
the country of manufacture or production of the 
goods. 
(2) For the purposes of this section the use of a 
false indication of the country of manufacture or pro­
duction of the goods shall be deemed to be no such 
indication. 
(3) The Council of Ministers may make Regulations 
published in the Official Gazette of the Republic 
which shall exempt or discharge any item or category 
of goods from the prohibiting provisions of paragraphs 
(a), (b) and Cc) of subsection (1) provided that this 
is imperative by reason of practical difficulties' and 
that this is not contrary to the interest of the per­
sons to whom the goods are being supplied. This 
exemption or discharge may be made for every item or 
category of goods under conditions prescribed in these 
Regulations. 
Country 13.-(1) For the purposes of this Law, goods shall 
of production. be deemed to have been manufactured or produced in the 
country in which they last underwent a treatment or IP/N/1/CYP/GIl 
Page 20 
Order for 
Marking. process resulting in a substantial change. 
(2) The Minister may, hy an order published in the 
official Gazette of the Repuhlic, specify-
(a) in relation to any description of goods, what 
treatment or process ls to be regarded for the 
purposes of this section as resulting or not 
resultlng in a suhstantial change; 
(b) in relation to any description of goods differ­
ent parts of which were manufactured or pro­
duced in different countries or of goods 
assemhled in a country different from that in 
which their parts were manufactured or pro­
duced, in which of those countries the goods 
are to be regarded for the purposes of this Law 
as having been manufactured or produced. 
POWER TO IMPOSE REQUIREMENTS FOR MARKING 
AND FROVIDING CERTAIN INFORMATION 
14.-(1) Where it appears to the Minister necessary 
or expedient, in the interest of persons to whom any 
goods are supplied, that the goods should be marked 
with, or accompanied by, any information (whether or 
not amounting to or including a trade description) or 
instruction relating to the goods, the Minister may by 
an Order, to be published in the Official Gazette of 
the Republic, impose requirements for securing that 
the goods are so marked or accompanied, and regulate 
or prohiblt the supply of goods with respect to which 
the requirements are not complied withi and the 
requirements may extend to the form and manner in 
which the information or instruction is to be given. 
(2) Where an Order under this section has been 
issued and is in force with respect to goods of any Information, 
to be given 
in advert.i­
sements. IP/N/lICYP/G/1 
Page 21 
description, no person shall, in the course of any 
trade or business, supply or of ter t.o supply goods of 
t.hat description in contravention of the Order. 
(3) An Order under t.his section may make dlfferent 
provision for different circumstances and may, in the 
case of goods supplied in circumstances where the 
information or inst.ruction required by t.he Order would 
not be conveyed until after delivery, require the 
whole or part. t.hereof to be displayed near the goods. 
15.-(1) Where it appears to the Minister necessary 
or expedient., in t.he interest of persons to whom any 
goods are to he supplied, or any services, accommoda­
tion or facilities are to he provided, that any 
description of advertisements thereof ahould contain 
or refer te any information (whether or not amounting 
to or including a trade description or statement in 
relation to any matter specified hy subsection (1) of 
section (11» relating to the goods, or services, 
accommodation or facilities, the Minister may, hy an 
Order, to be published in the Official Gazette of the 
Republic, impose requirernents as to the inclusion of 
that informat.ion, or of the means by which it may be 
obtained in advertisernents of such description as rnay 
be specified in the Order. 
(2) An Order under this section may specify the 
form and manner in which any such information or indi­
cation is to be included in advertisements of any 
description and may make different provision for dif­
ferent circumstances. 
(3) Where an Order under this section has been 
issued and is in force with respect to advertisements 
of goods, services, accommodation or facilities of any 
description, no person shall, in contravention of the 
Order, publish any advertisement of such goods, ser-IP/N/1/CYP/G/l 
Page 22 
Offences 
and 
penalties. 
7 of 3/92. 
Liability 
of Officers 
of corporate 
bodies. vices, accommodation or facilities supplied or pro­
vided, in the course of any trade or business. 
PENAL PROVISIONS 
16.-(1) Any person who contravenes, or omits to 
comply with any of the provisions of-
(a) section 3 (1) ; 
(b) section 9A; 
(c) section 10; 
(d) section 11(1) ; 
(e) section 12(1) ; 
(f) section 14(2) ; or 
(g) section 15(3) , 
subject to the prOV1Slons of this Law, commits an 
offence and shall, on conviction, be liable to a fine 
not exceeding seven hundred and fifty pounds or to a 
term of imprisonment not exceeding twelve months, or 
to both such fine and imprisenment. And in case of a 
second or subsequent conviction to a fine not exceed­
ing one thousand pounds or te a term of imprisonment 
not exceeding twa years, or ta both such fine and 
. imprisonment. 
(2) In addition the Court trying the offence may 
arder forfeiture of the goods or items with which or 
in relation to which·the offence was committed. 
17. Where an offence under this Law which has been 
committed by a corporate body is proved to have been 
committed with the consent or forbearance of, or i5 
attributable to any neglect on the part of, any manag­
ing director, manager, secretary or other similar 
officer of the corporate body, or any persan who i5 
purpartinq to act in any such capacity, such person as 
weIl as the corporate body shall be guilty of that Accessories 
to Offences 
committed 
abroad. 
Offences 
due to 
fault of 
other 
person. 
Time limit 
for prose­
cutions. IP/NIl/CYP/G/1 
Page 23 
offence and on conviction shall be liable to the pen­
alties provided by this Law for the particular 
offences. 
18.-(1) Any person who, in the Republic, induces or 
assists in, the commission in Any other country of an 
Act in respect of goods which, if the Act were com­
mitted in the Republic, would be an offence under sec­
tion 3, shall be guilty of an offence provided that 
the relevant false trade description i9 an indication 
: or anything which is likely to be taken as an indica­
tion, that the goods or part thereof were manufac­
tured, produced, processed or reconditioned in the 
Republic. 
(2) A person who is found guilty of the offence 
provided by subsection (1) shall be liable to the same 
penalties as those provided by sub-section (1) of sec­
tion 16. 
19. Where the commission by Any person of an 
offence under this Law is due to the Act or default of 
sorne other person that other person shall be guilty of 
the offence, and a person may be charged with and con­
victed of the offence by virtue of this section 
whether or not proceedings are taken against the 
first-mentioned person. 
20. No prosecution for an offence under tnis Law 
shall be commenced after the expiration of three years 
from the commission of the offence or one year from 
its discovery by the prosecutor, whichever is the 
earlier. IP/N/lICYP/G/l 
Page 24 
Defence of 
Ilistake, 
accident, 
etc. 
Innocent 
publ ication 
of adverti­
sement. DEFENCES 
21.-(1) In Any proceedings for an offence under 
this Law it shall be a defence for the person charged 
to prove-
Ca) that the commission of the offence was due to a 
mistake or to reliance on information supplied 
to him or to the act or default of another per­
son, an accident or sorne other cause beyond his 
1 
control; and 
(b) that he took aIl reasonable precautions and 
exercised all due diligence to avoid the com­
mission of such an offence by himself or any 
person under his control. 
(2) In any proceedings for an effence under subsec­
tion (l)(b) of section 3 it shall be a defence for the 
person charged to prove that he did not know, and 
could not with reasonable diligence have ascertained-
(a) that the goods did net conform to the descrip­
tion; or 
(b) that the description had been applied to the 
goods. 
22. In proceedings for an offence under this Law 
committed by the publication of an advertisement it 
shall be a defence for the person charged to prove 
that he is a person whose business it is to publish or 
arrange for the publication of advertisements and that 
he received the advertisement for publication in the 
ordinary course of business and èid not know and had 
no reason to suspect that its publication would amount 
to an offence under this Law. Innocent 
ACt by 
employee. 
Authorised 
act or 
oaission. 
8 of 3/92. 
Authorization 
of officer. 
Power to 
make tes,t 
purchases. 
Power to 
enter 
premises 
and inspect IP/N/1/CYP/G/l 
Page 25 
23. ln any proceedings for an offence under this 
Law it shall be a defence for the person charged ta 
prove that in committing the offence-
(a) was under an employee ta employer relationship, 
and 
(h) acting in good faith obeying instructions or 
orders of the said employer. 
23A. In a criminal proceeding for an offence com­
mitted under this Law in relation to any trade 
description, declaration or indication, it shall he a 
defence for the defendant to show that for his acts or 
omission had a relevant authorisation, for the pur­
poses of this section, hy regulations made by virtue 
of this Law. 
ORGANS AND MEANS OF ENFORCE~~NT 
24. The Minister may, hy a notification published 
in the Official Gazette of the Republic, authorize a 
suitable persan or persons to act as authorized 
officers for the application of this Law and the Regu­
lations or Orders made thereunder. 
25, An authorized officer shall have power ta make, 
such purchases of goods, and to secure the provision 
of such services, accommodation or facilities, as may 
appear to him expedient for the purpose of determining 
whether or not the provisions of this Law and any Ord­
ers made thereunder are being complied with. 
26.-(1) An authorized officer may, a~ all reason­
able hours and on production, if required, of his cre­
dentials, exercise the following powers, that is to 
say-IP/N/1/CYP/G/l 
Page 26 
and seize 
qoods and 
documents. (a) he may, for the purpose of ascertaining whether 
any offence under this Law has been committed, 
enter any premises and inspect any goods or 
places where services, accommodation or faci­
lities are provided; 
(b) if he has reasonable cause to suspect that an 
offence under tbis Law has been committed, he 
may, for the purpose of ascertaining whether it 
bas been committed, require Any person carrying 
on a trade or business or employed in connec­
tion with a trade or business to produce Any 
books or documents relating to the lrade or 
business and May take copies of, or of any 
entry in, any such book or document; 
(c) if he has reasonable cause to believe that an 
offence under this Law has been committed, he 
may seize and detain any goods for the purpose 
ef ascertaining by testing or otherwise, 
whether the offence bas been committed; 
(d) he May seize and detain any goods or documents 
which he has reason te believe may be required 
as evidence in preceedings for an offence under 
this Law; 
(e) he may, ~or the purpose of exercising his 
powers under this subsection to seize goods, 
but only if and to the extent tbat it is 
reasonably necessary in order to secure that 
the provisions of this Law and of Any Orders 
and Regulations made thereunder are duly 
observed, require any person having authority 
to do sa ta break open any container or open 
any vending machine and, if that person does 
not comply with the requirement, he May do 50 Cap.155 
93 of 1972 
2 of 1975 
12 of 1975 
41 of 1978 
162 of 1989 
142 of 1991 
9 of 1992 
10(1) of 1996. himsel f. IP/N/lICYP/G/l 
Page 27 
(2) An authorized officer seizing any goods or 
documents in the exercise of his powers under this 
section shall inform the person from whom they are 
seized and, in the case of goods seized from a vending 
machine, the person whoae name and address are stated 
on the machine as being the proprietor's or, if no 
name and address are so stated, the occupier of the 
premises on which the machine stands or to which it is 
affixed. 
(3) Subject as to t.he remaining to all provisions 
of the Criminal Procedure Law relat.ing to the issue 
and execution of search warrants, if a district Judge, 
on sworn information-
(a) is satisfied t.hat there ia reasonable ground to 
bel ieve ei ther-
(i) that any goods, books or documents which 
an authorized officer has power under 
this section to inspect are on any prem­
ises and that their inspection is likely 
to disclose evidence of the commission of 
an offence under this Law; or 
(ii) that any offence under this Law has been, 
is being or is about to be committed on 
any premises; and 
(h) 15 aiso satisfied either-
(i) that admission to the premi5es has been 
or i5 likely to be obstructed; or 
(ii) that the premises are unoccupied or that 
the occupier i9 temporarily absent and it IP/N/lICYP/GIl 
Page 28 
might defeat the object of the entry to 
await his return, 
he may issue a warrant directing an authorized officer 
to enter the premises by force if necessary. 
(4) An authorized officer entering any premises by 
virtue of this section may take with him such other 
persons and such equipment as may appear to him 
necessary; and on leaving any premises which he has 
entered by virtue of a warrant under the preceding 
subseetion he shall, if the premises are unoccupied or 
the oecupier is temporarily absent, leave them as 
effectively secured against trespassers as he found 
them. 
(5) If any person discloses to any person-
(a) any information with respect ta any manufactur­
ing process or trade secret obtained by him in 
premises which he has entered by virtue of this 
section; or 
(b) any information obtained by him in pursuance of 
this Law; 
he shall be guilty of an offence, unless the disclos­
ure was made in or for the purpose of the performance 
by him or any other person of functions under this Law 
and shall, on conviction, be liable to imprisonment 
for a period not exceeding twelve months or to a fine 
not exceeding seven hundred and fifty pounds or to 
bath such imprisonment and fine. 
(6) If any person who is not a duly authorized 
officer purports to act as such under this section he 
shall be guilty of an offence and shall, on convic­
tion, be liable to imprisonment for a period not Obstruction 
of authorized 
officers. IP/N/1/CYP/G/l 
Page 29 
exceeding two years or to a fine not exceeding ODe 
thousand pound! or to both such imprisonment and fine. 
(7) Nothinq in this section shall be taken ta com­
pel the production by an advocate of a document con­
taining a privileged communication made by or ta him 
in that capacity or to authorize the taking of pos­
session of any such document which is in the pos­
session of an advocate. 
27.-(1) Any persan who-
(a) wilfully obstructs an authorized officer acting 
in pursuance of this Law; or 
(b) wilfully fails to comply with any require~ent 
properly made te him by such an officer under 
section 26 of this Law; or 
(c) without reasonable cause fails to give su ch an 
officer sa acting any other assistance or 
information which he may reasonably require of 
him for the purpose of the performance of ~is 
functions under this Law, 
shall be guilty of an offence and shall, on convic­
tion, be liable to imprisonment for a period not 
exceeding six months or to a fine not exceeding :hree 
hundred pounds or for both such imprisonment and fine. 
(2) If any persan, in giving any such informa:ion 
às in mentioned in subsectien (1), makes any sta:ement 
which he knows ta be false, he shall be guilty o~ an 
offence, and shall, on conviction, be liable ta 
imprisonment for a period not exceeding twelve mcnths 
or to a fine not exceeding seven hundred and fif:y 
pounds or to both such imprisonment and fine. IP/N/lICYP/G/l 
Page 30 
Notice 
of test 
and intended 
prosecution. 
Compensation 
for loss, 
etc. of goods 
seized under 
section 26. (3) Nothinq in this section shall be construe4 as 
requiring a person to answer any question or qive any 
information if to do 50 miqht incriminate him. 
28. Where any goods seized or purchased by an auth­
orized officer in pursuance of this Law are submitted 
to a test, then-
(a) if the goods were seized, the authorized 
officer shall inform the persan mentioned in 
section 26(2) of this Law of the result of the 
test, as soon as possible, and in any case 
within ten days from the day of seizure of the 
goods; 
(h) if the goods were purchased and the test leads 
to the institution of proceedings for an 
offence under this Law, the authorized officer 
shall inform the persan from whom the goods 
were purchased, or, in the case of good~ sold 
through a vending machine, the pers on mentioned 
in section 26(2) of this Law, of the result of 
the test; 
and shall, where as a result of the test proceedings 
for an offence under this Law are instituted against 
any person, allow him ta have the qoods tested on his 
behalf if it is reasonably practicable to do so. 
29.-(1) Where, in the exercise of his powers under 
section 26 of this Law, an authorized officer seizes 
and detains any goods and their owner suffers loss by 
reason thereof or by reason that the goods, during the 
detention, are lost or damaged or deteriorated, then, 
unless the owner is convicted of an offence under this 
Law committed in relation ta the goods, the owner 
shall he entitled to compensation for the 1055 so suf­
fered. IP/N/lICYP/G/1 
Page 31 
(2) Any disputed question as to the right ta, or 
the amount of, Any compensation payable under this 
section shall be determined by the .competent court. 
MISCELLANEOUS PROVISION 
Prohibition 30.-(1) Where a false trade description is applied 
on Importation. to Any goods outside the Republic, then the goods 
9 of 3/92. shall not be imported into the Republic, unless the 
1 
82 of 1967 
57 of 1969 
4 of 1971 
45 of 1973 
12 of 1977 
Rules 
as ta 
evidence. same are imported for private use or domestic use of 
the importer. 
(2) Subject ta the prOVlSlons of subsection (3), 
goods the importation of which has been prohibited by 
virtue of subsection (1) or of paragraph Ca) of sub­
section (1) of section 12 shall be subject, upon their 
importation in the Republic, to seizure and forfeiture 
in accordance with the relevant provisions of the 
Customs and Consumption Duties Laws. 
(3) Where the import of any goods into the Republic 
is prohibited under this section, the Minister, after 
being satisfied that the goods are capable of being 
marked so as to comply with the requirements of this 
Law, or the orders or regulations made hereunder, may, 
subject to the terms he will specify, permit the 
importer to mark them so as to comply with su ch 
requirements and such goods may then be imported into 
the Republic. 
31.-(1) Any invoice or other document submitted or 
used by an importer or any other person in connection 
with the importation of goods in respect of which a 
prosecution is brought under this Law may be produced IP/N/l/CYP/G/l 
Page 32 
Trade 
marks 
containing 
trade 
descriptions. 
Cap.268 
63 of 1962 
69 of 1971 as evidence in any criminal proceeding~ without call­
ing the person who prepared or siqned it. 
(2) Where, in any prosecution for a contravention 
of this Law, the consent of the proprietor or regis­
tered user of a trade mark is a relevant issue, the 
onus of proving the consent of such proprietor or reg­
istered user shall lie on the accused. 
32.-(1) The fact that: a trade description is a 
trade mark, or part of a trade mark, as the same is 
defined in the Trade Marks Law, does not prevent it 
from being a faise trade description when applied ta 
any goods, except where the following conditions are 
satisfied, that is ta say-
(a) that it could have been lawfully applied to the 
goods if this Law had not come into operation; 
and 
(b) that on the day this Law came into operation 
the traèe mark either is registered under the 
Trade Marks Law or is in use ta indicate a con­
nection in the course of trade between su ch 
goods and the proprietor of the trade mark; and 
(c) that the trade mark as applied is used to indi­
cate such a connection between the goods and 
the proprietor of the trade mark or a person 
registered, under section 29 of the Trade Marks 
Law as a register user of the trade mark; 
(d) that the person who is the proprietor of the 
trade mark is the sarne person as, or a suc­
cessor in title of, the proprietor on the day 
this Law came into operation. Saving 
for Con-
tractual 
Obligations. 
Savings. 
Regulations. 
Coming 
inlo 
force. IP/N/lICYP/G/l 
Page 33 
33. A contract for the !upply of Any goods or 
provision of any services, accommodation or facililies 
shall not be void or unenforceable by reason only of a 
contravention of any provision of this Law. 
34.-(1) This Law shall not exempt any person from 
any action, suit, or other proceeding which might, but 
for the provisions of this Law, be brought against 
hirn. 
(2) Nething in this Law shall entitle any person to 
refuse te make a complete discovery, or to answer any 
question or interrogatory in any action, but such dis­
covery or answer shall not be admissible in evidence 
against him in any prosecution for an offence against 
this Law. 
35.-(1) The Council of Ministers May make Regula­
tions generally for the better carrying out of the 
provisions of this Law. 
(2) Regulations made under this Law shall be laid 
before the House of Representatives. If within thirty 
days of such laying the House of Representatives does 
not by resolution amend or annul, in whole or in part, 
the Regulations so laid they shall then soon after the 
expiry of the period hereinbefore mentioned be pub­
lished in the Official Gazette of the Republic and 
they shall come into force as from such publication. 
In the event of their amendment in whole or part, by 
the House of Representatives they shall be published 
in the Official Gazette of the Republic as so amended 
and shall come into force as from such publication. 
36.-(1) This Law shall come into operation on a 
date to be fixed by the Co~ncil of Ministers by a 
notification published in the Official Gazette of the IP/N/1/CYP/G/l 
Page 34 
Cap.265. Republic. 
(2) On the date of the coming into operation of 
this Law the Merchandise Marks Law is repealed.