WORLD TRADE
ORGANIZATIONIP/N/6/CYP/1
3 May 2000
(00-1792)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
CHECKLIST OF ISSUES ON ENFORCEMENT1
Responses from Cyprus
Civil and Administrative Procedures and Remedies
(a) Civil judicial procedure and remedies
1. Specify the courts which have jurisdiction over IPR infringement cases.
The District Courts of Cyprus.
2. Which persons have standing to assert IPRs? How may they be represented? Are there
requirements for mandatory personal appearances before the court by the right holder?
Natural and legal persons who are right holders whose rights are infringed.  They may be
represented by lawyers.  There are no mandatory personal appearances by the right holder.  Agents
representing the Performers Rights Society may also appear.
3. What authority do the judicial authorities h ave to order, at the request of an opposing
party, a party to a proceeding to produc e evidence that lies within its control?
There is such authority under the Civil Procedure Rules for disclosure of the evidence of each
party.
4. What means exist to identify and protect confidential information brought forward as
evidence?
Under Cyprus Law there are no specific means to identify confidential information.  Before
presenting any information the holder shall apply for its confidentiality and present evidence in this
regard, which may be contested by the other party.  The judge will decide about the requestedconfidential nature of the information.
                                                     
1 Document IP/C/5.IP/N/6/CYP/1
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5. Describe the remedies that may be ordered by the judicial authorities and criteria,
legislative or jurisprudential, for their use ;
- injunctions;
- damages, including recovery of profits, and expenses, including attorney's fees;- destruction or other disposal of infringing goods and materials/implements for
their production;
- any other remedies.
Injunctions
Injunctions may be issued under the Trade Marks Law and the Copyright Law.
Damages, including recovery of profits, and expenses, including attorney's fees
Damages may be ordered under the intellectual property right laws, most notably the Trade
Marks Law and the Copyright Law.
Destruction or other disposal of infringing goods and materials/implements for their
production
This is available under the Cyprus Copyright Law.Any other remedies
Forfeiture and surrender to the right holder under the Copyright Law.
6. In what circumstances, if any, do judicial authorities have the authority to order the
infringer to inform the right holder of the identity of third persons involved in the
production and distribution of the goods of services found to be infringing and of their
channels of distribution?
Cyprus does not have any such provision.
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.
To what extent are public authorities and/or officials liable in such a situation and what
"remedial measures" are applicable to them?
Cyprus does not have any such provision.
8. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
The Civil Procedure Rules which relate to procedures before the District Courts define the
length of an ordinary civil case.  As it is the situation in Cyprus an average action may last up to two
years or more until its final adjudication.
The costs are covered by the Regulations on Judicial Costs and also the other Regulation on
Advocates Fees.
The judicial costs and advocates fees are determined according to graded thresholds and the
height of the relevant claim.IP/N/6/CYP/1
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There are no official date available in order to give to the questionnaire.
(b) Administrative procedures and remedies
9. Reply to the above questions in relation to any administrative procedures on the merits
and remedies that may result from these procedures.
Administrative procedures exist in the nature of recourses to the Supreme Court (Article 146
of the Constitution) against the decision of the Registrar of Trade Marks and Patents.  The relevant
provisions are to be found in the Trade Marks and Patent Laws.
The Supreme Court annuls the relevant decision of the Registrar or allows his decision.  The
Supreme Court may also grant interim orders for imminent relief.
Again the parties may be represented by lawyers and the costs which are usually higher than
those of the District Court are fixed by the Supreme Constitutional Court Rules.
Appeal before a revision panel of judges of the Supreme Court lies as a final remedy from the
decision of a first instance before a single Supreme Court judge.
In relation to the Trade Marks Law in particular the Registrar of Trade Marks may decide as
to the final registrability of a trademark, after hear ing the parties involved, subject to recourse to the
Supreme Court against his decision.  The Registrar may also rectify the Trade Marks Register on
application by a party concerned or order the expungement of a trademark again on the application of
a party having a lawful interest.
Provisional Measures
(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
There are interim orders before the adjudication of the substance of the case by the Court.
These orders are granted by the District Courts on the basis of the relevant order of the Civil
Procedure Rules.
11. In what circumstances may such measures be ordered inaudita altera  parte ?
Such measures, so-called ex parte  orders, are granted in cases when something wrong must be
prevented or in order to avoid a situation which the Court may not be able to remedy later with its
final judgement.
12. Describe the main procedures for the init iation, ordering and maintenance in force of
provisional measures, in particular relevant time-limits and safeguards to protect the
legitimate interests of the defendant.
The initiation is through an application before a judge of the District Court.  The plaintiff –
applicant may give notice to the defendant – respondent or we may have an application ex parte  by
the plaintiff – applicant making his request for an order without giving notice to the defendant who
will not appear.IP/N/6/CYP/1
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There are time limits within which the defendant is given the opportunity to be heard as to
why an order may not be granted.
In case of an ex parte  application, the Court ex officio  may refuse to grant an order unless the
defendant – respondent is given the opportunity to be heard.
An order remains in force until the time of the adjudication of the substance of the case or
until the defendant – respondent proves to the Court that his interest may be irrevocably prejudiced by
the continuing enforcement of the order.
The length to obtain such relief is usually three weeks under a specific order of the Civil
Procedure Rules.  The cost is usually small, unless the Court orders the applicant to make a deposit ofa sum of money to insure the defendant against a po ssible loss by the continuing enforcement of the
interim order.  In such a case this sum must be deposited before the Court grants an interim order.
13. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
The length of time as we said above is usually small and the cost of proceedings less than the
cost of the actual trial of the case.  The cost is governed by the Courts Costs Regulation and the
Advocates Fees Regulation.  There is no data available.
(b) Administrative measures
14. Reply to the above questions in relation to any administrative provisional measures.
There are no such measures under Cyprus Law.
Special Requirements Related to Border Measures
Questions 15 to 19
A draft law on border measures, for the suspension by the Customs Authorities of the release
into free circulation (export, re-export, import, etc.) of counterfeit, pirated and goods infringingpatents and supplementary protection certificates is before the Law Office for legal vetting and is
expected to become law by the end of this year.
Criminal Procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
These are the District Courts of the Republic.
21. In respect of which infringements of which intellectual property rights are criminal
procedures and penalties available?
In respect of the infringement of copyright, criminal procedures and penalties are available,
more specifically, anyone who knowingly:
- produces for sale or leasing any pirated copy;
- sells, leases or advertises for sale of exhibits commercially or offers for sale a pirated
copy;IP/N/6/CYP/1
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- exports or imports to the Republic for sale or leases any such copy, etc.;
- manufactures or has in his possession any printing plate for the purpose of producing
copies which are in infringement of the copyright which exists in a certain work;
- performs or allows the public performance of a scientific, literary, artistic or musical
work which is in infringement of the copyright in such works.
Secondly, in respect of trademarks for the following instances, which are considered to
constitute criminal offences:
- falsification of entries to the Register of Trade Marks;
- false representation of a trademark as registered.
22. Which public authorities are responsible fo r initiating criminal proceedings? Are they
required to do this on their own initiative and/or in response to complaints?
The police and Attorney-General.  Initiation of criminal proceedings can be done on the
above authorities' own initiative or as a result of complaints.
23. Do private persons have standing to initiate criminal proceedings and, if so, who?
Under the Criminal Procedure Law of Cyprus, any private person may initiate criminal
proceedings after he obtains the consent of the Attorney-General.
24. Specify, by category of IPR and type of infringement where necessary, the penalties and
other remedies that may be imposed:
- imprisonment;
- monetary fines;
- seizure, forfeiture and destruction of infringing goods and materials and
implements for their production;
- other.
For the infringements of copyright as described in response to question 21 above,
imprisonment and/or a monetary fine are the penalties prescribed.
Under the Copyright Law, pirated copies or infringing printing plates may be seized, forfeited
or destroyed or forfeited/seized and surrendered to the right holder.
For the offences concerning trademarks as described above in response to question 21, the
penalties available are imprisonment and/or a fine.
25. Describe provisions governing the length and any cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost, if any.
Generally speaking the length of proceedings is less than in the case of the civil cases.  It
takes six months to one year.  The cost of proceedings is defrayed by the person who is convicted of a
particular offence.
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