Industrial Designs

– Law on Industrial Designs, Law No. 4(I)/2002, in force since February 15, 2002.
– Implementing Rules, published in the Official Gazette No. 3778, dated December 8, 2003.

Membership in International Conventions

– None for designs, however, see under “Patents of Invention“.

Granting

Notion of an industrial design: is protectable, a design which (1) is new; (2) presents individuality; (3) is filed according to the Law (Section 4(1)). 

Not patentable: inter alia, designs which are against public order or public morals.

Priority: six months after filing in any one of the member States of the European Union.

Classification: according to the Locarno Agreement (1968). 

Non-publication: there is a provision for non-publication of parts of the design, which the proprietor does not wish to publish, a fee for the non-publication and a criminal prosecution for publication, despite the measures taken for non-publication.

Protection

Duration – extension: five years from the filing date, renewable by five-year periods up to a maximum of twenty-five years.

Licenses: can be given to third party for a specified time and against a sum of money; must be recorded in the Register. Unless there is an agreement to the contrary, it is not exclusive. It cannot be assigned or inherited.

Compulsory licenses: provided for; may be granted to the public sector.

Prior user rights: if a third party files an application for a design, which belongs to another, the proprietor may file an action in Court, requesting recognition of his rights, within two years from the publication in the Official Gazette. 

Infringement and penalties: if the rights of a registered owner are threatened or are infringed by a third party, he may file an action in Court, asking for the cessation of the infringement and for damages, when applicable. Law 119(I) of 2006, published in the Official Gazette on July 28, 2006, provides for sanctions against the infringer. In case the infringer did not abide by an order of the Court, then the Court may impose damages and/or imprisonment of up to three years. Further, the Court may oblige a litigant to give to the opponent particulars such as details of bank documents, names and addresses of persons or companies who manufactured or distributed the infringing articles and other relevant information.

Further protection: a design, filed in the Cyprus Register, is also protected by all the relevant Laws of the Cyprus Republic.