Safeguard my Intellectual Property
Safeguard my Intellectual Property
Our firm’s Intellectual Property Department takes pride in its responsiveness, efficiency, reliability and diligence in servicing our clients in a cost-effective, time-efficient and highly qualitative manner.
According to the legislative framework in force in the Republic of Cyprus, “intangible property” consists of the intellectual property, which is defined as all intellectual property in which a person has any right, title, or interest (including a licensed right other than rights to licensed software that is generally commercially available) or which has been, is being, or is expected to be used, exploited, or commercialized by that person including, among others, the following:-
(1) “Patents”: Although a patent corresponds to an invention, development and/or discovery, in order to be eligible for registration such a patent must be a new one (not arising from or based on a previous patent), entail innovative activity and be capable of industrial ‘application’. However, it is worth to note that inventions, scientific theories, mathematical formulas, designed creations, plans, rules and methods pertaining to mental activities for games, economic business as well as software and presentation of information do not constitute inventions / innovations capable of being protected.
According to the applicable law in Cyprus, patents are duly eligible for registration with the Department of Registrar of Companies granting protection at a national level. In addition, patents may also be registered as European and/or international patents.
(2) “Copyrights”: The term “copyright” is defined to include all copyrights, whether registered (if possible) or not, all copyright applications, all copyright registrations (if possible), including but not limited to the copyrights in scientific works (irrespective of its quality), literary works (including but not limited to novels, novellas, poems, theatre plays, scenery, movie scenarios, historic works, proof texts, articles, encyclopaedias, dictionaries, letters, reports, memos and computer software), musical works (irrespective of its quality), artistic works (including but not limited to photographs of any nature), cinema or audiovisual works or moving images (irrespective of whether they have sound or not), databases (including but not limited to collection of works, data or their independent information arranged on a systematic and methodical way and to which an individual has access using electronic or other means, recording, broadcast and publication of unpublished works.
Going further, as regards copyright protection, according to Berne Convention, to which Cyprus is a contracting party, copyright protection is automatically granted in all the countries to which the said Convention applies; thus, there is no requirement for registration. Instead, the protection accorded is automatic upon the first publication of the work provided that the work contains the copyright symbol (©), the name of its owner, whether natural or legal person, as well as the year of first publication are clearly indicated. Having the work protected in the aforementioned way, it becomes clear that the owner of the work indents to undertake legal action against any person who infringes his rights over such work. However, in order for the work to be efficiently protected, of particular importance is the way the work is “published” something which is delimited pursuant to the rules on evidence before the Courts (there are no clear guidelines).
In any case, you should bear in mind that copyright law affords no protection to the ideas underlying the program. In contrast, copyright, as applies to computer software, forms the exclusive right (subject to limitations) to use the work in one of the following ways:
i. The permanent or temporary reproduction of the whole or part of a software, by any means and in any form. In case reproduction is required in the course of using the software, the owner’s permission for such reproduction is necessary.
ii. The translation, adjustment, configuration or any other conversion of the software and reproduction of its results, without prejudice to the rights of the person who effects such conversion.
iii. Distribution to the public.
Tradename or Trademark?
Admittedly the terms “tradename” and “trademark” are usually confused because of their similarities (to some extend), which however -in fact- distinct the said terms between
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