B. Patents in Cyprus

For the moment, the Patent Law of Cyprus is CAP.266, which dates back tο the time of the British occupation. The system is now a re-registration of an English patent indicating Great Britain. Thus:

a) Α patent cannot be registered in Cyprus unless it is first registered in England or has a European registration with U.K origin (indicating Britain.

b) The application for the registration of the patent in Cyprus must be made within three years from the date of the sealing of the patent in England.

However, Cyprus has recently (December 1997) entered the European Patent Of f ice (ΕΡ0) and has just become a member of the Patent Cooperation Treaty (PCT). There is a Bill for a new Patent Law in the House of Representatives in Cyprus and it is expected that the new Patent Law is going to be enacted in Cyprus in 1998.

One can apply to the Cyprus courts for actions for infringements of patents and our Offices have appeared in many important cases for patent infringement in the Cyprus courts as also for numerous important cases of passing-off and trademark and copyright infringement.

CYPRUS PATENTS LAW no. 16(I) 98 (1^st April, 1998) and Amending Law.

On 1^st April, 1998, the New Patent Law of Cyprus has been enacted and is Law no.16 (I) 98 and Amending Law.

According to the New Law, a Great Britain patent ( or a EP (UK) patent) which was pending on 1^st April, 1998, can be re-registered in Cyprus within 18 months from its grant according to the Old Cyprus Patent Law( Cap. 266) as mentioned above.

Patent Annuities are not only payable for patents under the New Law but also for re-registered Great Britain and EP (UK) patents as from 1^st April, 1998.

The main provisions of our April, 1998 new Patents Law and amending Law are the following:

1. PATENTABILITY: An invention shall not be patentable unless it is novel, involves an inventive step and is industrially applicable.

2. SUPPLEMENTARY PATENT PROTECTION CERTIFICATES: We give you below in English translation some quotations of our law, which could be useful to know:

Section 32 of our New Patent Law provides:

“ A certificate shall be granted if at the date of the application:

1. the product is protected in Cyprus by a basic patent in force;

2. a valid authorization to place the product on the market as a medicinal product has been granted.

3. the product has not already been the subject of a certificate;

4. the authorization referred to in (b) is the first authorization to place the product on the market as a medicinal product”

Section 36 of our New Patent Law provides:

1. The application for a certificate shall be lodged within six months of the date on which the authorization referred to in Article 32 (b) to place on the market as a medicinal product was granted

2. notwithstanding paragraph 1. Where the authorization to place the product on the market is granted before the basic patent is granted, the application for a certificate shall be lodged within six months of the date on which the patent is granted”

Section 37 of our new Patent Law provides:

The application for a certificate shall contain:

a. a request for the grant of a certificate, stating in particular

1. the name and address of the applicant

2. if he has appointed a representative, the name and address of the representative;

3. the number of the basic patent and the title of the invention;

4. the number and the 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 in the community, the number and the date of that authorization;

b. a copy of the authorization to place the product on the market, as referred to in Article 32(b), in which the product is identified, containing in particular the number and the date of the authorization and the summary of the product characteristics.

c. if the authorization referred to in (b) is not the first authorization for placing the product on the market as a product in the market information regarding the identity of the product thus authorized and the legal provision under which the authorization procedure took place”

Section 42 of the New Patent Law provides:

1. The certificate shall take effect 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 lodged and the date of the first authorization to place the product on the market reduced by a period of five years.

2. Notwithstanding paragraph 1, the duration of the certificate may not exceed five years from the date on which it takes effect.

Section 48 of the New Patent Law Provides:

1. Any product which, on the date on which this Law enters into force, is protected by a valid basic Patent and for which the first authorization to place it on the market as a medicinal product was obtained, may be granted a certificate.

2. An application for a certificate as referred to in paragraph 1 shall be submitted within eighteen months* of the date on which this law enters into force.

3. NON-VOLUNTARY LICENCES: These are granted after 4 years from the date of the grant of the patent for the reasons found in model Laws e.g (a) where the invention is not commercially worked in Cyprus or (b) the demand of the product is not being met in Cyprus etc.

4. INFRINGEMENT: Infringement lies for the usual cases as e.g. when a 3^rd party without the authorization of the owner of the Patent makes a product incorporating the protected invention, or uses a process which is the subject matter of the Patent etc.

The successful plaintiff is entitled to damages, and injunction, a permanent order and other remedies, as in usual cases.

5. PATENT ANNUITIES AND TRANSLATIONS ETC: The provisions of the above are contained in the Patent Rules.

According to these Rules Patent Annuities are paid from the 3^rd year of protection up to the 20^th year and there are also annual fees payable for the SPCs from the 21^st to the 25^th year of Protection.

6. PCT AND EUROPEAN PATENT: As of 1^st April 1998 Cyprus became a member of PCT and the European Patent Convention.

* Amended, from 6 months to 18 months, after our own proposal by an amending Law of March 1999.