Intellectual Property Laws at Northern Cyprus
Intellectual Property (IP) laws in the Turkish Republic of Northern Cyprus (TRNC) are governed by distinct national legislation. These laws are separate from those of the Republic of Cyprus and the Republic of Turkey, and the TRNC is not internationally recognized as a sovereign state. Consequently, IP rights granted in other jurisdictions, such as the Republic of Cyprus or Turkey, do not automatically extend to the TRNC.
🏛️ Legal Framework
The primary legislation governing IP in the TRNC includes
Trademarks Act No. 28/1995 (Chapter 268): Regulates the registration and protection of trademarks
Patents Act No. 25/1995: Governs the registration and protection of patents
Copyright Law (Chapter 264): Based on the UK's Copyright Act of 1911, this law protects literary, artistic, and scientific works
📄 Types of IP Protection
1. Trademarks
Registration Must be filed with the Registrar of Companies in the TRN.
Duration 7 years from the registration date, renewable for 14-year period.
Protection Exclusive rights to use the registered mark within the TRN.
Note No service mark registration is available in the TRN.
2. Patents
Eligibility Inventions that are new, involve an inventive step, and are industrially applicable.
Registration A patent granted in the United Kingdom can be registered in the TRNC within three years of the UK grant dat.
Duration 20 years from the filing date, subject to payment of annuity.
3. Copyright
Protection Applies to original works of authorship, including literary, artistic, and scientific work.
Duration Life of the author plus 70 years.
Basis Derived from the UK's Copyright Act of 191.
⚖️ Enforcement and Legal Actions
Trademark Infringement Legal actions can be initiated in the Supreme Court for registered trademark.
Passing Off Even without a registered trademark, legal action can be taken in the District Court if another party's actions cause confusion among consumers.
Patent and Copyright Infringement Legal proceedings can be initiated in the relevant courts for unauthorized use of patented inventions or copyrighted work.
🌐 International Treaties
The TRNC is not a member of international IP treaties such as the Paris Convention, Berne Convention, or the Patent Cooperation Treaty (PC) Therefore, IP rights granted in other jurisdictions do not extend to the TRNC, and separate registration is required.
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