COPYRIGHT
I.
General
Copyrights
in Cyprus are regulated by the Right of Intellectual Property
Law, 59/76 as amended by Law 63/77 and 18/93. Persons and
legal entities who are protected under the Law are the following:
Physical
persons who are citizens of the Republic of Cyprus or ordinarily
resident in Cyprus;
Legal
persons registered under the Laws of Cyprus;
Foreigners
ordinarily but not necessarily permanently resident in Cyprus;
Cyprus
registered companies.
The Law
extends protection to works of non Cypriot origin by virtue
of International Treaties or Conventions binding the Republic
eg. (the Berne Convention and the Universal Copyright Convention.)
II.
Remedies
A.
The right of Intellectual Property Law sets out a range
of offenses committed by those who infringe copyright. Criminal
penalties include fines or imprisonment.
B.
The Right of Intellectual Property Law provides that infringement
is actionable per se independently of any contractual remedies
which may be available by virtue of the copyright contract.
The law also sets out civil remedies which may be sought in
the event of copyright infringement. They fall into two categories,
namely preventive and compensatory.
1.
Preventive
The
power of search and seizure of infringing material;
Anticipatory
injunctions
2.
Compensatory
The
award of damages to the plaintiff;
Orders
for destruction or delivery up of the infringing copies and
the equipment by which copies are produced;
Accounts
III. Duration of Protection
The term
of protection is the life of the author and 50 years after
his death. However, there are shorter minimum terms prescribed
for certain types of works. The copyright for cinematographic
work or a television work is 50 years after the work has been
made available for the public.
The term of protection of photographs is 25 years from the
making of the work as is the term for works of applied art.
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