WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPIN/l/CYPIP/2 
20 June 2000 
(00-2474) 
Original: Englishl 
anglais/ 
inglés 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LA WS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
CYPRUS 
The present document reproduces the text! of the Patents Law of 1998, as notified by Cyprus 
under Article 63.2 ofthe Agreement (see document IP/N/1/CYP/l/Rev.l). 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
CHYPRE 
Le présent document contient le textel de la Loi sur les brevets de 1998, notifiée par Chypre 
au titre de l'article 63:2 de l'Accord (voir le document IP/N/l/CYP/l/Rev.l). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL pARRAFO 2 
DEL ARTICULO 63 DEL ACUERDO 
CHIPRE 
En el presente documento se reproduce el textol de la Ley de Patentes de 1998, notificada por 
Chipre en virtud deI parrafo 2 deI articulo 63 dei Acuerdo (véase el documento IP/N/1/CYP/l/Rev.l). 
l In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat.lEn anglais seulement. Les délégations intéressées peuvent consulter le 
texte, dans sa langue d'origine, au Secrétariat de l'OMC.lEn inglés solamente. Las delegaciones interesadas 
podrân consultar en la Secretaria de la OMC el texto en su idioma original. IPINIlICYP/P/2 
Page 2 
REPUBLIC OF CYPRUS 
THE PATENTS LAW OF 1998 
(English translation prepared 
by the Law Commissioner's Omce) No. 16(I)/98 IP/N/l/CYP/P/2 
Page 3 
No. 16(1)/98 
PATENTS LAW 
Arrangement of sections 
Section 
1. Short title. 
PART 1 -DEFINITIONS 
2. Interpretation. 
PART II -ADMINISTRATION 
3. Register. 
4. Inspection of Register and Granting of Certified Copies. 
PART III -PATENT ABILITY 
5. Patentable Inventions. 
6. Novelty. 
7. Inventive 5tep. 
8. Industrial Applicability. 
PART IV -RIGHT TO APPLY FOR AND OBTAIN A PATENT 
AND BE MENTioNED AS INVENTOR 
9. Entitlement ta file-an application. 
10. H.ight ta a patent. 
11. Inventions made in execution of commission or by employees. 
12. Mention of inventar. 
PART V -APPLICATIONS 
13. Requirements of application. 
14. Date of filing. 
15. Description. 
16. Claims. 
17. Abstract. 
18. Unit y of invention. 
19. Amendment and division of application. 
20. Right of priority. 
PART VI -EXAMINATION AND GRANT OR REFUSAL 
21. Examination of applications. 
22. Submission of se arch report. 
23. Withdrawal of application. 
24. Grant. 
25. Publication of applications or patents. 
PART VII -EFFECTS DF'A PATENT APPLICATION 
26. Term of patent. 
27. Rights conferred by a patent. 
28. Rights conferred by a patent application aftel' publication. 
29.' Extent of protection. IP/N/l/CYP/P/2 
Page 4 
PART VIII -SUPPLEMENTARY PROTECTION CERTIfICATE 
fOR MEDICINAL PRODUCTS 
30. Definitions. 
31. Scope. 
32. Conditions for obtaining a certificate. 
33. Subject-matrer of protection. 
34. Effects of the certificate. 
35. Entitlement ta the certitïcate. 
36. Application for a certificate. 
37. Contents of the application for a certificate. 
38. Lodging of an application for a certificate. 
39. Grant of tlle certificate or rejection of the application. 
40. Publication. 
41. Annual fees. 
42. Duration of the certitïcate. 
43. Expiry of the certificate. 
44. Invalidity of the certificate. 
45. Notification of lapse or invalidity. 
46. Appeals. 
47. Procedure. 
48. Transitional provisions. 
PART IX -NON-VOLUNTARY LICENCES AND 
GOVERNMENT USE 
49. Non-voluntary licences. 
50. Provisions about licences under section 49. 
51. Exercise of powers on applications under section 49. 
52. Opposition and arbitration. 
53. Supplementary provisions. 
54. Special provisions where patented invention is being worked in li 
member country of the \Vorld Trade Organisation. 
55. Exploitation by government or by third parties authorized by 
government. 
56. Provisions as to non voluntary licence. 
PART X ---SURRENDER AND INVALIDATION 
57. Surrender. 
58. Invalidation. 
59. Effects of invalidation. 
PART XT --INFRINGEMENT 
60. Acts of infringemem. 
61. Infringement proceedings. 
62. Declaration of non-infringemem. PART XII -APPLICATIONS PURSUANT TO THE 
EUROPEAN PATENT CONVENTION 
63. Application pursuant ta the European Patent Convention. 
64. Filing of the European patent application. 
65. Rights conferrecl by a European patent after publication. 
66. Translation of the European patent. IP/N/lICYP/P/2 
Page 5 
67. Authentic tf.'xt of the European patent application and the European 
patent. 
68. Erfect of entry in the Regisler of European patents. 
ô9. Register of the grant of a European patent at the Registcr of the 
Registrar. 
70. Conversion of a european patent application into a national patent 
application. 
71. Prohibition of simultaneous protection. 
72. Stay or proceedings. 
73. Representation. 
PART XIII -INTERNATIONAL APPLICATIONS PURSUANT TO 
THE PATENT COOPERATION TREATY 
74. Application of the Patent Cooperation Treaty. 
75. International applications designating Cyprus. 
76. International applications filed \Vith the Office of the Regimar as 
Receiving Office ancl transmittal ree. 
77. Competent International Searching Authority and International 
Preliminary Examining Authority. 
PART XIV -MISCELLANEOUS 
78. Regulations by the Council of Ministers. 
79. Authorisecl agent. 
80. Repeal and transitional provisions. IPINIlICYP/P/2 
Page 6 
No. 16(I) of 1998 
PATENTS LA \V 
The House of Representatives enaets as follows: 
1. This law may be cited as the Patents Law of 1998. 
PART 1 -DEFINITIONS 
2. In this Law, unless the context requires otherwise­
"Court" means the Supreme Court of Cyprus; 
"prescribed" means prescribed by this Law or the rules made thereunder; 
"register" means the register of patents kept under this Law and includes 
the register kept under the Patents Law repealed by this Law; 
"RegistraI'" means the RegistraI' and Official Receiver and includes any 
other person appointed to exercise ail or any of the powers and perform ail or 
any of the duties of the Registrar; 
P ART II -AD MINISTRATION 
3.-(1) There shall continue to be a register kept at the Office of the Registrar 
and known as the register of patents in which patents granted shall be recorded, 
numbered in the order of their granting. 
(2) The register shall include such rnatters constituting or relating to the patent 
as arc prescribcd and cntries of aIl corrections, amendments, assignments, 
transmissions or other matters that the RegistraI' is empowered or required by 
this Law to record. 
(3) The register shall be prima facie evidence of ail matters directed or 
authorized by or under this Law to be entered therein. 
4.---'---( 1) The Register shall be open to public inspection, subject to such rules as 
may be prescribed under section 78 of this Law. 
(2) Certified copies of any entry in the register shall te given by the Registrai' 
to any person requiring the sarne on payment of the prescribed Fee and a copy so 
certified shall be admissible in evidence in ail courts and proceedings without 
further proof or production of the original. 
PART III -PATENTABILITY 
5.-( 1) An invention shall not be patentable unless it isnovel, involves an 
inventive step and is industrially applicable. 
(2) The following, in particular, shall notbe regarded as inventions within the 
meaning of subsection (1): 
(a) discoveries, scientific theories and mathematical methods; 
(b) aesthetic creations; 
. (c) schemes, rules and methods for performing mental acts, playing games 
or doing business, and programs for computers, and 
(d) presentation of information. 
(3) A patent shall not be granted in respect of an invention exploitation of 
which woulct be contrary to public order or morality, provided that the 
exploitation shall not be deemed to be 50 contrary merely because it is prohibited 
by Law or Regulations. Shorllitle. 
Interpretation. 
Registcr. 
Inspection 
of Registcr 
and Granting 
of Ccrtilicd 
Copies. 
Patentable 
Inventions. i\"o\clty. IP/N/liCYP/P!2 
Page 7 
6.-( 1) An invention shall be considered novel if it does not form part of the 
prior art. 
(2) The prior art shall consist of everything which, before the filing date or, 
where priority is claimed, the priority date of the application claiming the 
invention, has been made available to the public in a written or other graphic 
form, by an oral description, by use or in any other way anywhere in the world. 
(3) The prior art shall also include the content of any patent application as filed 
in, or with effect for, Cyprus to the extent that such application or the patent 
granted thereon is pllblished sllbseqllently by or for the Office of the Registrar, 
provided that t.he filing date or, where priority is claimed, the priority date of su ch 
application is earlier than the date referred to in subsection (2) of this section. 
In\c:nti\'c Step. 7. An invention shall be considered to ill\"olve an inventive step if, having 
regard to the prior art as defined in Secticn 6(2), a specialist considers the 
invention as not obviollsly derived From the existingart. 
lndumial 8.-(1) An invention shall be considered industrially applicable if it can be 
,\pplicability. made or lIsed in any kind of industry. 
(2) "Industry" shall be understood in its broadest sense and shall cover, in 
panicular, han die raft, agriculture; fishery and services. 
PART IV 
RIGHT TO APPLY FOR AND OBTAIN A PATENT 
AND BE MENTIONED AS INVENTOR 
Entitlement 9. Any natllral person or legal cntity ma)' file an application for a patent 
to Ille an either alone or jointly with another application. 
Right to a patcnt. 10.-( 1) The right to a patent shall belong to the inventor or his Sllccessor in 
title. Joint inventors shall, unless they agree otherlVise, have equal rights. 
ln l'entions 
made in 
cxecution 
or commission 
or by 
cmployees. 
rvlention of thc (2) Where t\VO or more applications have been filed by different persons in 
respect of the same invention and the inventors concerned made the invention 
independently of each other, the right to a patent for that invention shall belong 
to the applicant whose applicatiOn has the earliest filing date or, where priority is 
c1aimed, the earliest priority date, as long as his application is not withdrawn or 
abandoned, or rejected. 
11.-(1) Notwithstanding Section 10, when an invention is made in execution 
of a commission or an employment contracr. the right to the patent for that 
invention shall belong, in the absence of contractual provisions to the contrary, 
to the person having commissioned the work or to the employer. 
(2) The employee shall have a right to equitable remuneration taking into 
account his salary, the economic value of the invention and any benefit derived 
From the invention by the employer. In the absence of agreement between the 
parties, the remuneration shaH be fixed by the Court. 
12. The inventor will be mentioned as inventor on the Patent unless with 
special written statement to the Registrar he mentions that he does not wish to be 
named. 
PART V -APPLICATIONS 
Requirements 13.-( 1) An application for a patent shall be made in the prescribed form and 
of application. shall be flled at the Office or the Registrar and shall contain-
(a) a request for the grant of a patent; 
(b) a part which, on the face of it, appears to be a description of the 
invention for which a patent is applied for; IPIN/I/CYP/P/2 
Page 8 
(c) a part which, on the face of it, appears to be a claim or claims; 
(d) any drawings rel"erred ta in the description or the claims; 
(e) an ahstract. 
(2) The application shal! name the inventar or, where there are several 
inventors, al! of them. 
(3) The application shall be accompanied by the prescribed filing Fee. 
14.-( 1) The filing date of an application shal! be the date of receipt by the Dale or Iïling. 
Office of the Registrar of an application that contains-
(a) an express or implicit indication that the granting of a patent is sought; 
(b) indications allowing the identity of the applicant ta be established : 
(c) a part which, on the face of it, appears to be a description of the 
invention for \\'hich a patent is applied for. 
(2)(a) If the Office of the Registrar lïnds that, at the time of receipt of an 
applicatioIl, the reqllirements referred ta in sllbsection (1) have not been fulfilled, 
it shall invite the applicant to comply by fllrnishing the missing requirements. 
(b) If the applicant complies \Vith the invitation referred to in paragraph (a), 
the filing date of the application shall be the date of receipt of ail missing 
requirements. If the applicant fails to comply \Vith such an invitation, the 
application shall be treated as if it had not been filed. 
(c) Where the description refers ta drawings which are not included in the 
applicatioIl. the Office of the Registrar shall reqllest the applicant to furnish the 
missing dra\Vings. If the applicant complies with the said reqllest, the Filing date 
of the application shall be the date of receipt of the missing drawings. If the 
applicant fails to comply \Vith the invitation, the filing date shall be the date of 
receipt of the application and any reference ta the drawings shall be treated as 
non-existent. 
15. The description shall disclose the invention in a manner sutTiciently clear Description. 
and complete for the invention to be carried out by a person ski lied in the art. 
16.-( 1) The Claims shall define the invention for which patent protection is Claims. 
sought. 
(2) The claims shall be clear and concise. 
(3) The claims shall be supported by the description. 
(4) The claims shall be presented in the prescribed manner. 
17. The abstract shall merely serve the purpose of technical information; in 
particular, it shall not be taken into account for the purpose of interpreting the 
claims. . . 
18.-;-( 1)' An applicatioll sha\\ relate ta one invention only or to a group of 
inventions 50 linked as to form a single general inventive concept. 
(2) Failure ta comply \Vith the requirement of unit y of invention shall not be a 
ground for invalidation or revocation of a patent. 
19.-(1) The applicant may amcnd the application, provided that the 
amendment shall not go beyond the disc\osure in the initial application. 
(2)(a) The applicant may divide the application into two or more applications 
("divisional applications"), provided that each divisional application shall not go 
beyond the disclosure in the initial application. , 
(b) Each divisional application shall be entitled to the filing date or, where 
priority is claimed, the priority date of the initial application. AbslraCI. 
Unilyof 
invention. 
Amcndmenl 
and division 
of applicalion. Right 
of priority. IP/N/l/CYP/P/2 
Page 9 
(c) Priority documents and any required translations thereof that are 
submitted to the Office of the Registrar in respect of the initial application shall 
be considered as having been submitted in respect of aIl divisional applications. 
20.-(1) The application may contain a declaration claiming the priority, 
plll'suant to the Paris Convention for the Protection of Industrial Property, of 
one or more earlier national, regional or international applications filed by the 
applicant or his predecessor in title in or for any State party to the said 
Convention. 
(2) Where the application contains a declm'ation under subsectio!l (1), the 
Office of the Registrar may require That the applicant furnish, within the 
prescribed time limit, a copy of the earlier application, cenitïed as correct by the 
Office with which it was filed or, where the earlier application is an international 
application filed under the Patent Cooperation Treary, by the International 
Bureau of the World Intelll'c!uul Property Organization. 
(3) The effect of the tleclaration referred to in subsection (1) of this section 
shail be as provided in the Convention referred ta in that subsection. 
(4) If the Office of the Registrar t'inds that the requirements under this Section 
and the Regulations pertaining thereto have not been fuIfillecI, it shall invite the 
applicant to file the required correction, If the applicant does not comply with 
the said invitation, the declaration referred to in subsection (1) of this section 
shall be considered not to have been made, 
PART VI -EXAMINATION AND GRANT OR REFUSAL 
E,amination 21.-( 1) Where an application for a p2.tent h3s a date of filing ancI is not 
01 applications. withdrawn, the Registrar shall refer the application to an examiner ta c!etermine 
whether the application complies with those requirements of This Law and the 
Regulations and the latter shaIl then submit a relevant report to the RegistraI'. 
(2) Tr it is reportecI to the Registrar that not aIl the formai requirements of this 
Law ure complied with, the applicant sha\l be given an opponunity ta make 
observations on the report and to amend the application within a prescribed 
period so as to comply \Vith these requirements of this La\\', and if the applicant 
l'ails to do so the Registrar may refuse the application. 
(3) If it is reportecI to the RegistraI' that the application, whether as originally 
filed or as amended pursuant to subsection (2), complies with aIl the formaI 
requirements at any time before the end of the prescribed period referred to in 
sllbsection (2) of this section, the Registrar shaIl notify the applicant of that fact. 
Subrnission 01 22. Where the applicant has been notified pursuant ta Section 21 (3) of this 
search report. Law that his application complies with aIl the formai requirements, he shaIl, 
within the prescribed period, submit to the Office of the Registrar a search report 
drawn IIp by a prescribed authority quoting those elements of the mlte of the art 
that may be taken into consideration to assess, within the meaning of Sections 6 
and 7, the patentabiIity of the invention. If the applicant l'ails to cIo so within the 
prescribed period, the RegistraI' may refuse the application. 
Withdrawal 23. The applicant may withdraw the application at any time during its 
01 application. pendency. 
Grant. 24.-( 1) Where the applicant has been notified pursuant to Section 21 (3) of 
this Law that his application complies \Vith ail the formai requirements and he 
submits a search report in accordance with Section 22 of this Law, the Registrar 
shaII, on payment of the prescribed Fee, grant a patent on the application. IPINIlICYP/P/2 
Page 10 
(2) Arter the decision to grant a patent, the Registrar shall publish in the 
OFficial Gazette oF the Republic a notification that the patent has been granted . 
and shall publish the patent in the prescribed manner, together \Vith the search 
report submitted in accordance with Section 22 of this Law. 
25.-(l)(a) Subject to paragraphs (b) and (c) of this subsection, the Office of 
the Registrar shall, within the time limits provided for in subsection (2) of this 
section and in the prescribed manner, publish ail applications filed \Vith iL 
(b) No application shall be published if it is withdrawn or abandoned or, is 
considered' withdrawn or abandoned, or is rejected before the expiration of 17 
months From the filing date or, where priority is claimed, the priority date of the 
application 
(c) If, by the time an application shollld be published according 10 subsection 
(2) of this section. a patent has been granted on that application, the Office of the 
RegistraI' may not publish the application but shall publish the patent in the 
prescribed manner, together with the search report sllbmitted in accordance with 
Section 22 of this Law, and shall allow any interested person to inspect the 
application. 
(2) The office of the RegistraI' shall pllblish each application nled with it 
promptly after the expiration of 18 mont11s from the filing date or, where priority 
is claimed, From the priority date of the application. However, where, before the 
expiration of the said period of 18 months, the applicant presents a written reqllest 
ta the Office of the Registrar that his application be published, the Office of the 
Registral' shall publish the application promptly artel' the l'eceipt of the request. 
PART VII 
EFFECTS OF A PATENT APPLICATION 
26.-( 1) Sllbject to sllbsection (2) and sections 30-48 the dUl"ation of a patent 
shall be 20 years as l'rom the date of filing of the application. 
(2) The tenn of a patent granted on a divisional application shall be 20 years 
as [rom the date of filing of the application From which the division al application 
is deri\'ed. 
(3) The duration of a patent being in force is subject to the payment of the 
prescribed renewal rees. 
27.-(1) Where the patent concerns a product, the owner of the patent shall 
have the right 10 prevent third parties from performing, without' his 
allthorization, the following acts: 
(i) The making of a product incorporating the prorected invention. 
(ii) The offel'ing or the putting on the market of a product incorporating the 
protected invention, the using of such a product. or the importing or 
stocking of such a prodllct for slIch offering or putting on the market or 
for such use. 
(iii) The inducing of third parties to pel'form any of the above acts. 
(2) Where the patent concerns a process, the owner of the patent shall have 
the right to prevent third parties from perfonning, withollt his authorization, the 
following acts: 
(i) The using of a process which is the subject matter of the patent. 
(ii) .In respect of any product directly resulting from the use of the process, 
any of the acts referred to in paragraph (1 )(ii) of this section, even 
where a patent cannot be obtained for the said product. 
(iii) Indueing third parties to pel'form any of the above aets. Publication 
or applications 
or patents. 
l'crm of patent. 
RiglHS conrerrcd 
by a patent. IPINIlICYP/P/2 
Page Il 
(3) Notwithstanding paragraphs (1) and (2) of this section, the.owner of a 
patent shall have no right to prevent third parties From performing, without his 
uuthorization, the acts referred to in subsections (1) and (2) of this section in the 
following circumstances: 
(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 /las been 50 put on the market in 
Cyprus. 
(ii) Where the act is done privately and on Cl non-commercial scale, 
provided that it does not significantly prejudice the econolllÎC interests 
of the proprietor of the paten t. 
(iii) Where the act consists of making or using for purely experilllentai 
purposes or for scientific research. 
(iv) Where the act consists of the extemporaneous preparation for individual 
cases, in a pharrnacy or by a medical doctor, of a medicine in accordance 
\Vith a Illedical prescription or acts concerning the medicine so prepared. 
(4 )(a) Subject to paragraph (b) of this subsection, a patent shall also confer on 
its owner the right to prevent third parties From supplying or offering to supply a 
person, other th an a party entitled to exploit the patented invention, with Illeans, 
relating to an element of that invention, exclusively for carrying out the 
invention, when the third party knows, or under the circumstances it is obvious, 
that those means are suitable and intended to be used for carrying out that 
invention. 
This provision shall not apply wh en the means are commercial products and 
the circulllstances of the supply of such products do not constitute inducelllent to 
infringe the patent. 
(b) Persons perforllling the acts referred ra in subsection (3), (ii), (iii) and (iv) 
of this section shall not be considered to be parties entitled to exploit the 
invention within the Illeaning of paragraph (a) of this subsection. 
Righls 28.-(1) A patent application shall, where published under Section 25 of this 
conlerred Law, provisionally confer upon the applicant From the date of such publication 
by cl palcnl 
applk,uion the same rights in respect of the subject-matter of the application as are 
arler publicalion. conferred by Section 27 of this Law in respect of the subject-matter of a patent. 
(2) The Court may dccidc to stay any procccdings brought before it in respect 
of unauthorized acts performed in relation to an invention that is the subject of a 
published application until a final decision has been made by the Regjstrar to 
grant or refuse a patent on the application. . 
(3) A patent application shall be deemed never to have had the effects set out 
in subsection (1) of this section if it is withdrawn, deemed to be withdrawnor 
finally refused. 
blenl 29.-(1) The extent of protection conferred by Cl patent or a patent 
of prolection. application shall be determined by the claims, with due regard to the description 
and drawings. 
(2) For the period up to granting of the patent, the extent of the protection 
conferred by a patent application shall be determined by the latest filed claims 
contained in the publication under section 25. However, the patent as granted or 
as amended in revocation proceedings shaH determine retroactively the 
protection conferred by the patent application, in so far as sucll protection is not 
thereby extended. IPINIlICYPIPl2 
Page 12 
PART VIII -SUPPLEMENTARY PROTECTION CERTIFICATE 
FOR MEDICINAL PRODUCTS 
30. For the purpose of Articles 31--48: Definitions. 
(a) "medicinal product" means any substance or combination of substances 
presentee! for treating or preventing e!isease in hllman beings or animais 
ane! any substance or combination of substances which mav be 
ae!ministeree! to human beings or animais with a view to making a 
medicinal e!iagnosis or to restoring, correcting or moe!ifying 
physiological functions in humans or in animais; 
(b) "proe!lIct" means the active ingree!ient or combination of active 
ingree!ients of a mee!icinal product; 
(c) "basic patent" means a patent which protects a product as e!etïned in (b) 
as such, il process to obtain a proe!uct or an application of a procluct, ane! 
which is e!esignated by its holder for the purpose of the procedure for 
gran t of a certificate; 
(d) "certificate" means the supplementary protection certificate. 
31. Any product protected by a patent in Cyprus ane! sllbject, prior to being 
placee! on the market as a medicinal proe!uct, to an ae!ministrative allthorization 
procee!ure in Cyprus, Illay une!er the terms and conditions provie!ee! for in this 
Law, be the sllbject of a certificate. 
32. A certificate shall be grantee! if, at the date of that application­
(a) The product is protected in Cyprlls by a basic patent in force; 
(b) a valie! authorization to place the proe!uct on the market as a mee!icinal 
proclllct has been granted; 
(c) the procluct has not already been the subject of a ccrtificate; 
(d) the authorization referred to in (b) is the first authorization to place the 
prodllct on the market as a meclicinal prodllct. 
33. Within the limits of the protection conferred by the basic patent, the 
protection conferred by a certiFicate shali extend only to the prodllct covercd by 
the authorization to place the corresponding meclicinal product on thc markct 
and for any use of the proe!lIct as a medicinal proe!uct that has been authorizee! 
before the expiry of the certificate. 
34. Subject to the provisions of section 33, the certificate shall confer the 
same rights as conferree! by the basic patent and shall be sllbject ta the same 
limitations ane! the same obligations. 
35. The certificate shall be gr an tee! to the holder of the basic patent or his 
sllccessor in title. 
36.-(1) The application for a certificate shall be Filed within six months of the 
date on which the allthorization referred to in section 32 (b) to place the proe!lIct 
on the market as a mee!icinal prodllct \Vas grantee!. 
(2) Notwithstanding sllbsection (1) of this section, where the allthorization ta 
place the proe!lIct on the market is grantee! before the basic patent is granted, the 
application for a certificate shall be filee! within six months of the e!ate on which 
the patent is granted. 
37.-(1) The application for a certificate shall contain-
(a) A reqllest for the grant of a certificate, stating in particlllar­
(i) the name and address of the applicant;. Scope. 
Conditions 
l'or ohlaining 
lt ccnilïcatc. 
Subject·matter 
of protection. 
EITects of the 
certilïcate. 
Entitlement 10 
the ccrtificate. 
Application 
for a cenilïcate. 
Contents of the 
application for 
a certificale. Lo:'ging of an 
ap;J!icarjon t'or 
a cértificatc. IP/N/1/CYP/P/2 
Page 13 
(ii) if he has appointed a representative, the name and address of the 
representative; 
(iii) the number of the basic patent and the title of the invention; 
(iv) the number and date of the first authorization to place the product 
on the market, as referred to in Article 32 (b) and, if this 
authorization is not the first authorization for placing the product 
on the market, the number and date of that authorization; 
(b) a copy of the aUthorization to place the product on the market, as 
refened to in Article 32(b), in which the product is identified, containing 
in particular the nllmber and date of the authorization and the sllmmary 
of the prodllct's characteristics; 
(c) if the allthorization referred to in (b) of this section is not the first 
authorization for placing the product on the market as a medicinal 
product in the market, information regarding the identity of the prodllct 
thus authorized and the legal [Jrovision under which the authorization 
procedure took place. 
38.-(1) The application for a certitïcate shall be fi!ed with the Registrar. 
(2) Notification of the application for a certificate shall be pllblished by the 
Registrar. The notification shall contain at least the following information: 
(a) the name and address of the applicant; 
(b) the number of the basic patent; 
(c) the title of the invention; 
(d) the nllmber and date of authorization to place the product on the 
market, referred to in section 32(b), and the pro du ct identified in that 
authorization. 
Grdnt of the 39.-(1) Where the application for a certificate and the product to which it 
ce~;iîicatc Or relates meet the conditions laid down in this Law the Reoistrar shall grant the re iectlOn ot the ' b ..... 
a;;;Jlication. certificate. 
(2) The Registrar shall, subject to subsection (3) of this section, reject the 
a[J[Jlication for a certitïcate if the application or the product to which it relates 
do es not meet the conditions laid down in this Law. 
(3) Where the application for a certificate does not meet the conditions laid 
down in section 37, the Registrar shall ask the applicant to rectify the 
irregularity, or to pay the t'ee, within a stated time. 
(4) If the irregularity is not rectified or the Fee is not paid under subsection (3) 
within the stated time, the Registrar shaH reject the application. 
Publication. 40.-(1) Notification of the fact that a certificate has been granted shall be 
pliblished by the Registrar. The notification shall contain at leust the following 
information: 
(a) the name and address of the person entitled to the certificate; 
(b) the number of the basic patent; 
(c) the title of the invention; 
(d) the number and date of the authorization to place the product on the 
market referred to in section 32(b) and the product identified in that 
authorization; 
(e) the duration of the certificate. 
(2) Notification of the fact that the application for a certificute has been 
rejected shall be published by the Registrar. The notification shall contain at least 
the information Iisted in section 38(2). TPINIlICYPIP/2 
Page 14 
41. Keeping the certificate in force is subject to the payment of unnual fees. 
42.-( 1) The certificate shall take eft'ect at the end of the lawful term of the 
basic patent for a period equal to the period which elapsed between the date on 
which the application for a basic patent was filed and the date of the first 
authorization to place the prodllct on the market redllced by a period of five 
years. 
(2) Notwithstanding the provisions of sllbsection (1) of this section. the 
dllration of the certificate may not exceed five years t'rom the date on which it 
takes effect. 
43. The certificate shall lapse-
(a) at the end of the period provided for in article 42; 
(b) if the person entitled to the certificate sllrrenders it; 
(c) if the annllal fee laid down in accordance with article 41 is not paid on 
time; 
(d) if and as long as the product covered by the certificate Illay no longer be 
placed on the market following the withdrawal of the appropriate 
allthorization or allthorizations to place the prodllct on the market. the 
RegistraI' may decide on the lapse of the certificate on his o\\n motion 
or at the request of a third party. 
44.-(1) The certificate shall be invalid if-
(a) it was granted contrary ta the provisions of section 32; 
(b) the basic patent has lapsed before its lawflll term expires; 
(c) the basic patent is revoked or liInited to the extent that the prodllct for 
which the certificate was granted would no longer be protected by the 
claims of the basic patent or, al' ter the basic patent has expired. grollnds 
for revocation exist which would have justified sllch revocation or 
limitation. 
(2) Any person may submit an application or bring an action for a dec1aration 
of invalidity of the certificate before the appropriate Court for the revocation of 
the corresponding basic patent. 
45. If the certificate lapses in accordance with section 43 (b), (c) or (d) or is 
invalid in accordance with section 44, notification thereof shall be pllblished by 
the RegistraI'. 
46. The decisions of the Registrar or of the Court which are referred to in 
section 44(2) taken under sections 30--48 shall be open to the same appeals as 
those provided for in the Cyprus law against similar decisions taken in respect of 
Cyprus patents. 
47.-(1) The procedllral provisions in this Law, corresponding to the basic 
patent shall also apply to the certificate. 
(2) Notwithstanding the provisions of slIbsection (1) of this section, filing an 
opposition to the granting of a certificate shall be excluded. 
48.-(1) Any prodllct which, on the date on which this Law enters into force, 
is protected by a valid basic patent and for which the t'irst allthorization ta place 
it on the market as a medicinal product was obtained, may be granted a 
ce rt i fi ca te. 
(2) An application for a certificate as referred to in subsection (1) shall be 
sumitted within six months of the date on which this Law enters into force. Annual fees. 
Duration of the 
certificate. 
Expiry of the 
cenificate. 
Invalidity of the 
cenificmc. 
Notification 
of lapsc or 
invalidity. 
Appeals. 
Procedure. 
Transitionàl 
provisions. P ART IX -NON-VOLUNT AR Y LICENCES 
AND GOVERNMENT USE IPIN/IICYP/PI2 
Page 15 
Non-\olunlary 49.-( 1) At any time after the expiration of four years, or of such other period 
licences. as may be prescribed, From the date of the granting of a patent, any person may 
apply to the Registrar on one or more of the grollnds specified in sllbsection (2) 
bclow: 
(a) for a non-vollintary licence under the patent, 
(b) where the applicant is a government depanment, for the grant to any 
person specified in the application of a licence under the pat~nt. 
(2) The grounds for the submission of an application for non-voluntary licence 
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 ta 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, or 
(c) that by reason of the refusai 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 con tribution ta the art is prevented or 
hindered, or 
(iii) the establishment or development of commercial or industrial 
acti\'ities in Cyprus is unfairly prejudiced; 
(d) that byreason of conditions imposed by the owner of the patent on the 
grant of licences under the patent, or on the disposai or use of the 
patented product or on the use of the patented process, the manufacture, 
use or disposai of materials not protected by the patent, or the 
establishment or development of commercial or indus trial activities in 
Cyprus is unfairly prejudiced. 
(3) 5ubject to the provisions of subsections (4) to (6) below, if the Registrar is 
satisfied that any grounds are established, he may -
(a) where the application is made under subsection (1 )(a) above, order the 
grant of a licence to the applicant on such terms as the Registrar thinks 
fit; 
(b) where the application is made under subsection (1 )(b) above, order the 
grant of a licence to the person specified in the application on such 
terms as the Registrar thinks fit. 
(4) Where the application is made on the ground that the patented invention is 
not being cOITImercially worked in Cyprus or is not being so worked to the fullesr 
extent that is reasonably practicable, and it appears to the Registrar that the time 
which has elapsed since the publication in the Official Gazette of a notice of the 
grant of the patent has for any reason been insufficient ta enable the invention to 
be so worked, the Registrar may by order suspend the application for such period 
as will in his opinion give sufficient rime for the invention ta be so worked. TPlNll/eYP/P/2 
Page 16 
(5) No entry shall be made in the register under this section on the ground 
mentioned in subsection (2)(c)(i) above, and any licence granted LInder t!lis 
section on that ground shall contain such provisions as appear to the Registrar ta 
be expedient for restricting the countries in which any product concerned may be 
disposed of or used by the licensee. 
(6) No order or entry shall be made under this section in respect of a patent 
(the patent concerned) on the grounds mentioned in subsection (2)(c)(ii) above 
unless the Registrar is satisfied that the owner of the patent for the other 
invention is able and willing to grant to the owner of the patent concerned and his 
licensees, a licence un der the patent for the other invention on reasonable terrns. 
(7) An application may be made un der this section in respect of a patent 
notwithstanding that the applicant is already the holder of a licence under the 
patent; and no person shall be prevented or excluded l'rom alleging an)' of the 
matters specified in subsection (2) abo\'e by reason of any admission made by 
him, wh ether in such a licence or otherwise, or by reason of his having accepted 
such a licence. 
50.-(1) Where the Registrar is satisfied, on an application made LInder 
section 49 above in respect of a patent, that the manufacture, use or disposaI of 
mate rials not protected by the patent is unfairly prejudiced by reason of 
conditions imposed by the owner of the patent on granting of licences LInder the 
patent, or on the disposaI or use of the patented product or the use of the 
patented process, he Illay (subject to the provisions of that section) order the 
granting of licences under the patent to such customers of the applicant as he 
thinks fit as weil as to the applicant. 
(2) Where an application under section 49 above is made in respect of a 
patent by a person who holds a licence under the patent, the Registrar-
(a) may, if he orders the granting of a licence ta the applicant, arder the 
existing licence to be canceIled, or 
(b) may, instead of ordering the granting of a licence to the applicant, order 
the existing licence to be amended. 
(3) Where, on an application under section 49 ab ove in respect of a patent, 
the Registrar orders the granting of a licence, he may direct that the licence shall 
operate-
(a) to deprive the owner of the patent of any right he has to work the 
invention concerned or grant licences under the patent; 
(b) ta revoke aIl existing licences granted under the patent. 
51.-(1) The powers of the Registrar in relation to an application under 
section 49 above in respect of a patent shall be exercised with a view to securing 
the following general purposes: 
(a) that inventions which can be worked on a commercial scale in Cyprus 
which should in the public interest be so worked shall be worked there 
without undue delay and to the fullest extent that is reasonably 
practicable; 
(b) that the inventor or other persan beneficially entitled to a patent shall 
receive reasonable rellluneration having regard to the nature of the' 
invention; 
(c) that the interests of any person for the time being working or 
developing an invention in Cyprus under the protection of a patent shall 
not be unfairly prejudiced. Provisions 
abOlit licences 
unacr 
scclion 49. 
Exercise 
of powers on 
applicalions 
under 
seclion 49. Opposition 
and 2.r:>itration. 
SUppiénlCntary 
pro\'isiClns. 
Special 
pro\'isions 
where paren Led 
invcnLion is 
being worked 
in a membcr 
country of the 
World Trade 
Organisation. 
Exploilal ion 
by go\ernmcnl 
or by a 
Ihird pany 
aUlhorized by 
govcrnmenL IPINIlICYP/P/2 
Page 17 
(2) Subject to subsection (1) above, the Registrar shaH, in determining whether 
to make an order or entry in pursuance of such an application, take account of 
the following matters, that is to say: 
(fi) the nature of the invention, the time which has elapsed since the 
publication in the Official Gazette of the Republic of a notice of the 
granting of the patent and the measures already taken by the owner of 
the patent or any licensee to make full use of the invention; 
(b) the ability of any persan to whom a licence would be granted under the 
order concerned to work the invention ta the public advantage: and 
(c) the risks to be undertaken by that person in financing capital and 
working the invention if the application for an arder is granted, 
but shall not be required ta take account of matters subsequent to the making of 
the appl ication. 
52.-(1) The owner of the patent concerned or any other pers on wishing to 
oppose an application under sections 49 to 51 ab ove may, in accordance with 
rules, give to the Registrar notice of opposition; and the Registrar shall consider 
the opposition in deciding whether to grant the application. 
(2) Where an application under sections 49 ta 51 above is opposed under 
subsection (1) above, and either-
(a) the parties consent, or 
(b) the proceedings require a competent examination of documents or any 
scientific or local investigation which cannot in the opinion of the 
Registrar conveniently be made before him, 
the Registrar may at any time arder the whole proceedings, or any question or 
issue of fact arising in them, ta be referred to an arbitrator or specialist agreed 
upon by the parties, or in default of agreement, appointed by the Registrar. 
(3) Where a question or issue of fact is sa referred, the arbitrator or specialist 
shall report his findings ta the Registrar and the Registrar shall proceed to issue a 
decision. 
53. In any proceedings on an application made in relation ta a patent under 
sections 49 ta 51 above, any statement with respect ta any activity in relation ta 
the patented invention, or with respect to the granting or refusai of licences 
under the patent, contained in a report of the Commission for protection against 
Unfair Competition' shall be prima facie evidence of the matters stated. 
54. The import into Cyprus of any product protected by patent granted by any 
member country of the World Trade Organisation shall be considered as use in 
Cyprus. 
55. Where the national security or publ ic safety so requires, the Council of 
Ministers may authorize, ev en without the agreement of the owner of the patent 
or the patent application, by notice published in the Official Gazette, a 
governme.nt agency or a person designated in the said notice to make, use or sell 
an invention ta which a patent or an application for a patent relates, subject ta 
payment of eqllitable remllneration to the owner of the patent or the application 
for the patent. The decision of the COllncil of lvlinisters \Vith regard to 
remuneration may be the subject of a recourse to the Court. IP!N/1/CYP/P/2 
Page 18 
56. Where according to sections 50, SI and SS of the present Law a licence is 
given for use of the subject matter of a patent without the authorizatioll of the 
owner, including use by the government or third parties authorized by the 
government, the following provisions shall be respected: 
(a) amhorization of su ch use shall be considered on its individual merits; 
(b) such use may only be permitted if, prior to su ch lise, the interested user 
has made efforts (Q obwin authorization From the owner on reasonable 
commercial terms and conditions and that such efforts have not been 
successful within a reasonable period of time. This requirement is 
waived in the case of a national emergency or other circuI11stances of 
extreme urgency or in cases of public non-commercial use. In a sitUation 
of national emergency or other circumstances of extreme urgency, the 
owner shall, nevertheless, be notitïed as soon as reasonably pranicable. 
In the case of public non-commercial use, where the government or 
contractor, without making Cl patent search, knows or has demonstrable 
grounds to know that a valid patent is being or Ivill be used by or for the 
government, the right holder shall be informed promptly; 
(c) the scope and duration of such use shall be limited to the purpose for 
\\'hich it was authorized, and in the case of semiconductor technology 
shall only be for public noncommercial use or to remedy a practice 
determined after judicial or administrative process to be anticompetitive; 
(d) sllch use shall be non-exclusive; 
(e) such lise be non-assignable to Cl third party, except \Vith that part of the 
enterprise or goodwill which enjoys such use; 
(f) any su ch use shall be authorized predominantly for the suppl)' of the 
domestic market; 
(g) authorization for sllch use shall be liable, subject to adequate protection 
of the legitimate interests of the persons so Huthorized, to be terll1inated 
if and wh en the circull1stances which led to it cease to exist and are 
unlikely to reCUL The Registrar shall have the authority to revie\\', upon 
motivated request, the continued existence of these circull1stances; 
(h) the right holder shall be paid adequate remuneration in the circull1stances 
of each case, taking into account the economic value of such use; 
(i) the legal validity.of any decision relating to the authorization of such use 
shall be subject to review by the appropriate Court; 
(i) any decision relating to the remuneration provided in respect of sllch use 
shall be subject ta review by the Court; 
(k) it is not necessary to apply the conditions set forth in subparagraphs (b) 
and (l') where such use is permitted to remedy a practice deterll1ined 
al' ter judicial or administrative process to be Hnti-competitive. The need 
to stop anti-competitive practices may be taken into account in 
determining the all10unt of remuneration in su ch cases. The Registrar 
shall have the authority to refuse termination of authorization if and 
\l'hen the conditions which led to such authorization are likely to recur; 
(1) where such use is authorized to permit the exploitation of a patent ("the 
second patent") which cannot be exploited without inf'ringing another 
patent ("the tïrst patent"), the following additional conditions shall apply: 
(i) the invention claimed in the second patent shall involve an 
important technical advance of considerable economic significance 
in relation to the invention c1aimed in the first patent; Provisions 
as 10 non 
volul1!l\ry 
licence. IP/N/l/CYP/P/2 
Page 19 
(ii) the owner of the first patent shall be entitled to a cross-licence or 
reasonable terms to use the invention claimed in the second 
patent; and 
(iii) the use authorized in respect of the first patent shall be 
non-assignable except with the assignmenr of the second patent. 
PART X -SURRENDER AND INVALIDATION 
Surrendcr. 57.-( 1) The owner of a patent may surrender the paren t by \\'ritten 
declaration submitted to the Office of the Registrar. The surrender may be limited 
to one or niore claims of the patent. 
(2) The Office of the Registrar shall record the surrender and publish 
notification of it as soon as possible. The surrender shall take errect from the date 
of receipt of the declaration by the Otlice of the Registrar. 
In\alidation. 58.-( 1) The Court may, on the application of any person, invalidate a patent, 
Ellèèts of 
in \ alidalion. in whole or in part, on any or the follo\\'ing and no other grounds: 
(i) that the subject-matter of the patent is not patentable within the terms 
of sections 5 to 8 of Ihis Law; 
(ii) that the patent does not disclose the invention in a manner suftïciently 
clear and complete for it to be carried out by a person ski lied in the art; 
(iii) rhat the right to the patent does not belong to the person to \\'hom the 
patent was granted. 
(2) The Court may require the o\\'ner of the patent ta submit to it for the 
purpose of examination publications and other documents showing the prior art 
which have been referred ta either in connection \Vith an application for a patent 
or other title of protection tïled, for the same or essentially the surne invention. 
by the owner of the patent, with any other national or regional industrial 
property office. or in connection with any proceedings relating to the patent or 
other title of protection upon such application. 
59.-( 1) Any invalidated patent, or claim or part of a clairn shall be 
considered ta be null and \'oid from the date or the gram of the patent. 
(2) When a decision of the Court to invalidate a patent, in whole or in part, 
becomes final, the Registrar of the Coun shall notify the Office or the Registrar 
of the decision, which shall record the decision and pllblish it as soon as possible. 
PART XI -INFRINGEMENT 
Acts of 60.-( 1) Subject to this Law, the performance of any aet referred to in section 
inlringcmcnt. 27(1), (2) and (4) of this Law in Cyprus by a pers on other than the owner of the 
patent, and withollt the consent of the latter, in relation to a product or process 
.t'alling within the scope of protection of the patent shall constitllte an 
infringement of the patent. 
(2) Subject to this Law, the performance of any aet referred to in section 
27(1), (2) and (4) of this Law in Cyprus by a person other than the applicant, and 
without the consent of the applicant, in relation to a produet or process falling 
within the scope of provision al protection conferred on a publishecl patent 
application shall constitute an infringement of that provision al protection. 
Infringement 61.-(1) The owner of a patent and an applieant shall have eause of action 
procecdings. against any person who has infringed or is infringing the patent or the 
provisional protection conferred on a pllblishecl patent application. The owner of 
the patent and the applicant shall have the same rights against any pers on who IPlNllICYP/P/2 
Page 20 
has performed acts or is performing acts which make it likely that such 
infringement will occur ("imminent infringement"). The proceedings may not be 
instituted after five years from the act of infringement. 
(2)(a) If the owner of the patent proves that an infringemenr has been 
committed or is being committed, the Court shall award damages and shall gram 
an injunction to prevent further infringement and any other remedy provided in 
the Law. 
(b) If the owner of the patent proves imminem inrringement, the COLIrt shall 
grant an injunction to prevem infringement and any other remedy pro\"ided in 
the Law. 
(3) The defendant in any proceedings referred to in this Section may request in 
the same proceedings the invalidation or the patent. In that case, the provisions 
of section 58 of this Law shall apply. 
(4)(a) Unless the licence contract providcs othcrwise, any licensee may 
reqllest the proprietor of the patent to institute Court proceedings for any 
infringement indicated by the li censee, who must speciry the relief desired. 
(b) Such licensee may, if he proves that the proprietor of the patent reeeived 
the request but reruses or l'ails to institute the proceedings within three momhs 
from the receipt of the request, institute the proceedings in his own name, arter 
notirying the proprietor of the patent of his intention. The proprietor shall have 
the right to join in the proceedings. 
(c) Even before the end of the three-momh period referred to in subsection (4) 
paragraph Cb) of this section, the Court shall, on the request of the licensee, grant an 
appropriate injunction to prevent infringement or to prohibit its continuation, if the 
licensee proves that immediate action is necessary to avoid substantial damage. 
62.-( 1) Sllbject to sullsection (4) of this section, any interested person shall Declaralion of 
have the right to request, by instituting proceedings against the owner of the non-infringclllcnl. 
patent, that the Court declare that the performance of a specific aet does not 
constitute an infringement of the patent. 
(2) If the person making the request proves that the act in question do es not 
constitute an infringement of the patent, the Court shall grant the declaration of 
non-infringement. 
(3) The owner of the patent shall have the obligation to notify any licensees of 
the proceedings. The licensees shall have the right to join in the p'roceedings in 
the absence of any provision to the contrary in the licence contract. 
(4) If the act in question is already the subject of infringement proceedings, 
the defendant in the infringement proceedings may not institute proceedings for a 
declaration of non-inrringement. 
(5) Proceedings for a declaration of non-infringement may be instituted 
together with proceedings to invalidate the patent, except where invalidation of 
the patent .ois requested under section 43(c) of this Law. 
PART XII -APPLICATIONS PURSUANT TO THE 
EUROPEAN PATENT CONVENTION 
63.-(1) The European Patent Convention of 5 October 1973 (hereinafter 
referred to as "EPC") shall be given full effeet and shall apply in accordance \Vith 
the provisions of this Law. 
(2) In the case of conflict between the provisions of EPC and the provisions of 
this Law, the former shall prevail. Applicalion 
pursuanl to 
the European 
Paient 
Convention. Filing of the 
European 
patent 
ap;Jlication. 
Rights conl'crred 
b, a European 
patel1l after 
publication. 
Translation 
orthe 
European 
patent. 
Authentic text 
orthe 
European 
patent 
application 
and the 
European 
patent. 
Effect of entry 
in the Register 
of European 
putents. 
Register of the 
grant of a 
European 
parent at the 
Rcgister of the 
Registrar. 
Con \'ersion 
of a european 
patent 
application 
into a national 
patent 
application. IPINIl/CYP/P/2 
Page 21 
64. Any European patent application may be filed at the Office of the 
Registrar. 
65. The rights specifiee! in Section 27, subsection (1) shall only be effective as 
from the date on which a translation of the claims in any of the official languages 
of the Republic, submitted by the applicant, has been published by the Office of 
the Registrar in the prescribed manner or has been notified to the alleged 
infringer. 
66.-(\) When the European Paten t Office grants a Eu~opean patent 
designating Cyprus, the owner of the paten t shall file with the Office of the 
Registrar a translation into any of the official languages, of the patent and, where 
applicable, of the patent as amended in opposition proceedings. 
(2) The translation referred to in subsection (1) of this section shall be filed 
and the prescribed t'ee shall be paid before the end of the prescribed period. The 
translation shall be published by the Office of the Registrar in the prescribed 
manner. 
(3) Where the translation is not filed or the Fee is not paid in accordance with 
the provisions of subsection (2), the patent shall be deemed to be void ab initio. 
67.-( 1) Where a translation into any of the official languages has been made 
in accordunce with section 65 or section 66 of this Law, such translation shall be 
regarded as aurhentic if the European patent application or the European patent 
in its translated text does not confer more protection than that conferred by the 
application or patent in the language of the proceedings, 
(2) However, a corrected translation may be filed at any time by the applicant 
for (or proprietor of) the patent. Such translation shall not have legal effect, 
however, until the requirements of section 65 or of section 66 have been 
satisfied. 
(3) Any person who in good faith is using or has made effective and serious 
preparations for using an invention the use of which would not constitute 
infringement of the application or patent in the original translation may, after 
the corrected translation takes effect, continue such use in the course of his 
business or for the needs thereof without payment. 
(4) Notwithsranding the provisions of subsections (1) to (3), of this section the 
language of the proceedings shall be authentic in revocation proceedings. 
68. Entry in the Register of European Patents of acts transmitting or 
amending the rights deriving From a European patent application or a European 
patent shall give such acts the effect specified in subsection (3) of section 3 of this 
Law, 
69. As soon as the grant of the European patent designating Cyprus has been 
mentioned in theEuropean Patent Bulletin, the Office of the Registrar shall enter 
it in the Register referred to in section 3 of this Law, 
70.-( 1) A European patent application may be converted into a national 
patent application in the circumstances set out in section 135 ( 1)(a) of EPC It 
may also be converted into. a national patent application in the case provided for 
by section 90(3) of EPC insofar as it refers to section 14(3) of EPc' 
(2) From the date on which the office of the Registrar receives the request for 
conversion, the European patent application shall be considered a national 
patent application, IPINIl/CYP/P/2 
Page 22 
(3) Where a se arch report has been drawn up prior to conversion of the 
application, such report shall take the place of the search report required to be 
submitted under section 22 of this Law. 
(4) The patent application shall be refllsed if, within the prescribed period, the 
applicant fails to provide evidence of payment of the filing fee referred to in 
section 13(3) and to provide a translation into the official languages of the 
Repllblic of the original text of the European patent application, as weil as, 
where appropriate, of the text as amended in the course of proceedings before 
the European Patent Office which the applicant wishes to use as a basis for the 
granting procedure before the Office of the Registrar. 
(5) If an applicant does not have his ordinary residence or principal place of 
business in Cyprus, he must, \Vithin the prescribed period, authorize in the 
prescribed manner an agent in Cyprus to represent him. 
Prohihition 
or simulwneous 71.-(1) Where a national patent relates to an invention for which a European 
Patent has been granted to the same inventor or his successor in title, with the . proteclion. same date of filing or priority, the National Patent shall be ineffective t'rom either 
the date on which the period for filing an opposition to the European Patent has 
expired, without any opposition being filed, or the date on which the opposition 
proceedings are concluded \Vith a decision to maintain the European Patent. 
(2) Where a national patent is granted at a date later than either of the dates 
referred to in subsection (1) of this section, such patent shall take no effect. 
(3) The subsequent lapse or revocation of the European patent shall not affect 
the provisions of subsections (1) and (2) of this section. 
72.-( 1) Section 28, subsection (2) shall apply mutatis mutandis to European 
patent applications. It shall also apply to European patents until the period for 
filing an opposition has expired without any opposition bein"g filed or until a final 
decision has been made on an opposition already nled. 
(2)(a) The court hearing proceedings t:or the infringement of a national patent 
which covers the same invention as a European patent applied for by the same 
inventor or granted to him or his sllccessor in title \Vith the same date of filing or 
priority may stay proceedings until the date on which the national patent ceases 
to have effect in accordance with Section 71 of this Law or until the date on 
which the European patent application is refused, withdrawn or deemed to have 
been withdrawn, or the European patent is revoked. 
(b) Where the infringem.ent proceedings are based solely on the national 
patent, the plaintiff may pursue the proceedings, on resumption thereof, by 
replacing the national patent by the European patent for the acts subsequent to 
the date on which the national patent ceases to have effect and for those parts 
which are common. 
73.-( 1) Section 79, subsection (2) shall not apply to the filing of European 
Patent applications. 
(2) Notwithstanding the provisions of section 79, subsection (2), the applicant 
for or the proprietor ofaElIfopean patent or his authorised. representative 
before the EPO may, in accordance \Vith the rules, file the translation reqllired 
under sections 66, 67 or 68 of this law. 
PART XIII -INTERNATIONAL APPLICATIONS 
.PURSUANT TO THE PATENT COOPERATION TREATY 
74.-(1) The Patent Cooperation Treaty of 19 June 1970 (hereinafter referred 
to as the "PCT") .shall be given full effect and shall apply in accordance with the 
provisions of this Law. Stayof 
procccdings. 
Represcnlal ion. 
Application 
of the PaIent 
Cooperation 
Treaty. Intcrnulionai 
applicat ions 
dcsjgn~lting 
C)prus. 
International 
applications 
lïled \\ ith the 
011 ice of the 
Rcgisrrar as 
Rc.:ci\"ing 
Olllce and 
lran~miltal l'cc. 
Cor,lpctcnt 
International 
Scarchîng 
Authorityand 
International 
Prclirninary 
E\amining 
Authority. 
Regulations 
hy the Council 
of \tinis\crs. 
Authorized 
agcnL 
Repeal and 
trtlilsitionai 
prol"isions. 
Cap. 266. IP/N/1/CYP/P/2 
Page 23 
(2) In the case of conflict between the provIsIons of the PCT and the 
provisions of this Law, the former shall prevail. 
(3) Where reference is made in this Law to the PCT, such reference shall 
include the Regulations under the PCT. 
75. Where an international application lïIed under the PCT contains the 
designation of Cyprus, it shall have the effect of an indication of the wish to 
obtain a European patent under the European Patent Convention. 
76.-( 1) International applications under the PCT may be filed with the office 
of the Registrar as receiving Office within the meaning of section 2(xv) of the 
PCT if the applicant is a national or resident of Cyprus. 
(2) The transmittal fee provided for in Rule 14 of the Regulations under the 
per shall be payable ra the Orfice of the Registrar as prescribed. 
77.-( 1) The European Patent Ofnee shall be competent ra carry out 
international searches for International applications tïled \Vith the Office of the 
Registrar. 
(2) The European Patent Ornce shall be competent to carr)· out the 
international preliminary examination under Chapter II of the PCT of 
International applications referred ta in subsection (1) of this section. 
PART XIV -MISCELLANEOUS 
78. The Council of Ministers may from time to time make regulations in 
accordance with this Law, prescribing ail matters which by this Law are required 
or permitted ta be prescribed, or which are necessary or desirable ta be 
prescribed for carrying out or giving effect ta this Law, or for the conduct of any 
business relating ta the Office of the Registrar. 
79.-( 1) Where by this Law any act has to be done by or to an)' person in 
connection with any proceedings or matter under this Law, the act may under 
and in accordance with the Regulations be done by or ta an agent of that person 
duly authorized in the prescribed manner. 
(2) If an applieant does not have his ordinary residence or principal place of 
business in Cyprus, he shall authorize in the preseribed manner an agent in 
Cyprus to represent him. 
80.-(1) The Patents Law (hereinafter in this section called "the repealed 
Law") is hereby repealed. Notwithstanding its repeal, the repealed Law shall 
apply ta and in relation ta applications for the registration of patents made 
before this Law comes inta force, and ta and in relation ta the registration of 
patents based on those applications, but this Law applies to and in relation to 
patents so granted or registered. 
(2) Any patent registered before this Law cornes into force under the repealed 
Law shall be deemed to be granted under the corresponding provision of this 
Law. 
(3) Any regulation, order, requirement, certificate, notice, deeision, direction, 
authorization, consent, application, request or aet made, issued, given or done 
under the repealed Law shall, if in force when this Law cornes into force, insofar 
as they eould have been made, issued, given or done under This Law, continue to 
be in foree and have effect as if made, issued, given or done under the 
corresponding enaetment of This Law. IP/N/1/CYP/P/2 
Page 24 
It is understood that the time limit ta file an application for the registration of 
a patent which is already registered in the United Kingdom and it cOlild have 
been registered in Cyprus under the repealed Law lIntil the entry into force of the 
present Law, expires when the time limit would have expired according to the 
repealed Law, irrespect ive of any other provision in the present Law. 
(4) \Vhen the applicant in an application for a U.K. Patent or a European 
Patent designating the U.K. or a PCT patent designating the U.K. either directly 
or throllgh a European application and the application is pen ding on the day of 
the entry into force of the present Law the applicant Illay within 18 months From 
the acceptance of application and the issue of the patent, apply to the Registrar 
in Cyprlls for his patent to be registered as a Cyprlls Patent. 
81. The present La\\' cOllles into force on the Ist April 1998. Comillg into 
force on the 
lst ,\pril 1 ()9S.