Industrial Designs Law in Cyprus
Certainly! Here’s a detailed overview of the Industrial Designs Law in Cyprus:
Industrial Designs Law in Cyprus
Legal Framework
Industrial designs in Cyprus are governed primarily by the Industrial Property Law, Cap. 112.
Cyprus, as a member of the European Union (EU), also follows the regulations and directives concerning industrial designs under EU law.
The Cyprus Intellectual Property Office (CIPO) is the national authority responsible for registration and administration of industrial designs.
Cyprus is a member of important international treaties related to industrial designs.
What is an Industrial Design?
An industrial design protects the appearance, shape, configuration, pattern, or ornamentation of a product.
It covers the visual and aesthetic aspects but does not protect functional or technical features.
The design must be new and possess individual character to qualify for protection.
Protection under Cyprus Law
Definition:
Industrial design means the appearance of the whole or a part of a product resulting from features such as lines, contours, colors, shape, texture, or materials.
Registration Authority:
The Cyprus Intellectual Property Office (CIPO) handles industrial design registrations.
Eligibility:
The design must be new (not disclosed to the public anywhere before the filing date).
Must have individual character — it should produce a different overall impression on the informed user compared to existing designs.
Exclusions:
Designs dictated solely by technical function are not protected.
Designs contrary to public order or morality are excluded.
Registration Process
Applicants file an application with CIPO including representations (drawings or photographs) of the design.
Formal examination is conducted to ensure compliance with filing requirements.
The design is published in the official Industrial Design Gazette.
Once registered, a certificate is issued.
Duration of Protection
Industrial designs are protected for an initial period of 5 years from the date of filing.
Protection can be renewed in 5-year increments, up to a maximum of 25 years.
Rights Conferred
The registered owner has exclusive rights to use the design and prevent unauthorized copying, making, or selling.
The rights can be assigned, licensed, or transferred.
International Treaties and Regional Systems
Cyprus is a party to several key international agreements:
The Hague Agreement for the International Registration of Industrial Designs (WIPO)
The Paris Convention for the Protection of Industrial Property
The TRIPS Agreement under WTO rules
As an EU member state, Cyprus is also subject to the EU Community Design Regulation:
Registered Community Design (RCD) provides protection across all EU member states with a single registration.
Unregistered Community Design protection is also available for 3 years.
Enforcement
Infringement of industrial design rights can be challenged in Cypriot courts.
Remedies include injunctions, damages, seizure of infringing goods, and destruction of infringing articles.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Industrial Property Law, Cap. 112; EU Design Regulation |
| Registration Authority | Cyprus Intellectual Property Office (CIPO) |
| Duration of Protection | Up to 25 years (initial 5 years + renewals) |
| Examination Type | Formal (novelty and individual character required) |
| International Treaties | Hague Agreement, Paris Convention, TRIPS |
| EU System | Registered and Unregistered Community Design protection |
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