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06/09/2010 07:26:29
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Copyright

1. Definition
Protects creations such as works of art, literature, music, broadcasts and computer software against copying and certain other uses.



2.Memberships

  • Universal Copyright Convention
  • Berne Convention for the Protection of Literary and Artistic Works



3. National Law And Guidelines

Right to Intellectual Property Law 18(I)/1993 (‘The Basic Law’) as amended by Law 128(I)/2002. (‘The Amending Law’).

The Amending law, has adopted various EC Directives thus bringing Cypriot legislation in line with European Copyright legislation.



4. Protection Is Automatic

  • No formalities for the registration of Copyright are required.
  • No central authority or register for the registration of copyright in Cyprus exists
  • No fees to pay
  • No forms to fill in.

Work must

  • Be put down in writing and generally has acquired some permanent physical form. Ideas can, therefore, not be protected by copyright.

  • Work is original that is if it is the personal intellectual creation of the creator himself and not a mere reproduction of an already existing idea, procedure, system or method.

Although not requiring any formal registration, most Copyrighted works are followed by the Copyright symbol © internationally. 



5. What Can Be Protected As A Copyright In Cyprus

· Scientific works

· Literary works, including computer programs

· Musical works

· Artistic works, including photographs of every nature.

· Movies

· Databases

· Recordings

· Broadcasts

· Publication of previously unpublished work.



6. Who Can Be Protected

  • Citizens of the Republic of Cyprus
  • People who have their habitual or ordinary residence in Cyprus.
  • Corporations registered in the Republic of Cyprus.
  • Citizens of the European Union.
  • Legal persons of the European Union provided that these are irrevocably affiliated with the economy of the relevant member state in which they were first incorporated.
  • Persons under the Berne Convention and the Universal Copyright Convention



7. Infringement

It takes place if without the owner’s express authority a person knowingly:

  • Entices or allows a third party to act in a manner inconsistent with the owner’s rights
  • imports into or exports out of the Republic infringing copies for use (other than personal or home use)
  • distributes
  • rents or borrows
  • transmits to the public
  • publicly displays
  • advertises in any way

Remedy to its owner/assignee/exclusive licensee to:

  • Award of damages according to Courts discretion
  • Fines
  • The infringing party may also serve a term of imprisonment with or without paying damages.
  • Injunction
  • Damages
  • Deposit of accounts, evidencing any profits made by the infringing party by reason of the infringement.
  • Delivery up and destruction of infringing material
  • Preventative remedies (power of search and seizure of infringing material and anticipatory injunctions)


8. Duration

Protection of the aforementioned works extends to different terms of years (depending on the work in question) to several years beyond the creator’s own death, therefore benefiting the creator’s ancestors through the collection of royalties.

Scientific, Literary, Musical or Artistic works (other than photographs) are protected for the author’s life plus 50 years form the end of the year in which the author dies. Cinematograph films and photographs are protected for the author’s life plus 50 years form the end of the year in which the work was first published. Sound recording and broadcasts 20 years from the end of the year in which they were recorded or made.




   
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