Nature

Its registrability depends on being appealing to the eye in terms of aesthetics. Its registration does not protect the technical features of the product.

National Law And Guidelines

No independent statutory vehicle for registration of designs in Cyprus existed until recently:

• The Law on the Protection of Designs and Models No. 4(I)/2002 adopting the provisions of EU Directive 98/71 of 13.10.1998 thus bringing Cyprus in line with other European countries.

Prior to its enactment the UK Designs (Protection) Law applied.


Why Protect Industrial Designs

• Exclusive right of use by its owner
• Legal protection over unauthorised imitation of the design by third parties
• Legal protection over unauthorised use of the design by third parties
• Infringement may cause an action for injunction and/or damages
• Upgrading the commercial value of a product.

What May Be Protected As A Design In Cyprus

A new and of individual character:

• design or Model defined as the whole or part appearance of a product resulting from features such as colours, share, texture, contours
• product defined as industrial or handicraft including parts to be assembled, packaging, get-up, graphic symbols and typographical typefaces.
• which are not against morals or ethics.

 Application Of Registration

An application is submitted by an individual or a legal entity whether being:

•  the designer
•  the person to whom the design was commissioned
• the employer of the designer, if the design was made in the course of employment.

Whether being:

• A Cypriot national
• An EU national
• Individuals habitually domiciled in Cyprus or in any EU member state.

Legal entities that have a real or effective commercial establishment in Cyprus or in any EU member state.

A preliminary search may be carried out to identify clear and solid grounds for a successful application


The application is accompanied with:

• An Authorisation of Agent form signed by the client authorising the lawyer to act on his behalf. Where the applicant is a legal entity the Authorisation of Agent must also be sealed with the Company’s seal.
• Full details of the applicant’s name, address, nationality (and nature of business in case the applicant is a corporation)
• A clear photographical and or graphical reproduction and or description of the design or model or product to be covered by the application
• Certified document by the relevant authority to confirm priority right if available with certified translation in Greek
• Respective fee.

The Registrar In Practise

• Appoints a filing date
• Conducts a search to establish registrability.

The applicant is given 4 months from the filing date to “complete” his application and vacancies and or correct any defects and pay the respective fee. Otherwise the Registrar rejects an “incomplete” application.

The Minister of Commerce has the right to adjust any details relating to the application by a respective Order which is published to the Official Gazette.


Duration

Designs may be protected for an initial period of 5 years. This is renewable every five years up to a maximum duration of 25 years.


Assignment Of Rights

Is permitted either via an Agreement of Assignment in writing or an inheritance.