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Intellectual Property

The firm knows that the protection of intellectual property rights is a of paramount importance in a competitive market. We have the legal expertise to provide you with the appropriate advice in relation to the various intellectual property rights that may arise in a commercial situation; development, registration, protection and exploitation of IP rights.

We have the know-how and experience to identify commercial goals, potential risks and to assist you make the most of your intellectual property assets. A brief summary of the services A.I.Kitsios LLC offers, is given below.

Copyright

Copyright cannot be registered anywhere, however we can provide a comprehensive advice whether you can protect it, how and for how long. It is essential in business to identify such rights, ensure they are owned by the correct entity, properly protected, enforced and exploited.

International Element
Cyprus is a contracting party in the Berne Convention and in the WIPO Copyright Treaty.

Design

Design law covers the appearance of any product or the shape or configuration of any article. Unregistered design right is the weakest IP right, thus, we would advise you to register your design to ring fence it. We undertake registration of designs and defend infringement actions of registered or unregistered designs.

Domain Name - Cybersquatting

We may act on behalf of you when a domain name (website name) you own is disputed or where your registered trademark is infringed by a domain name of another person/business enterprise and vice versa.

Franchising

Franchising gives the power to existing businesses to expand and grow rapidly using capital provided by third parties. We have the experience to draft, implement and negotiate a franchise document, and counsel on acquisition and disposal of franchised businesses.

Trade Marks

Trademark allows the public consumers to discriminate between traders with whom they wish to do business or avoid. A trademark has to be distinctive and capable of being represented graphically before admitted on the Registry. Once it is registered it gives you a monopoly right.

European Element
European law provides a wide system for registration of trademarks which is governed by the Community Trade Mark Regulation. If you own a business providing services in Europe or plan to provide, then you may apply to register it to the Office for Harmonisation in the Internal Market (OHIM).

International Element
There are two international frameworks for registration of Trademarks which are both administered by the World Intellectual Property Office (WIPO), the Madrid Protocol and the Madrid Agreement.

Cyprus is a contracting party to both.

We undertake registrations of Trademarks in National, European and International level.

Passing Off

If you have not registered your trademark and another trader uses a trademark which infringes yours, then the common law of passing off may come into play. This is a complex, time consuming and a costly procedure, so our advice is ‘always register your trademark’.

Trade Name

Patents

When we talk about patents, we mean something new, inventive and innovative. In law however, to establish the above elements you need to have enhanced legal knowledge and expertise. With registration you have to attach the description of the patent to give the background of the invention, the drawings which assist in explaining the invention (not all patents have drawings) and the claims. Claims consist an important part of the registration because they define the scope of the monopoly and they have to be drafted very cautiously.

In order to prove that your patent is infringed requires a lot of time of research, work and enhanced knowledge in the area of patents law. The court’s approach in a case of infringement is governed under the European Patent Convention and the Cyprus Patent Act 1998 which say that the scope of the patent protection for an invention should be determined by the patent claims, as interpreted by the description and the drawings.

European Element
There is no regional system for a community patent, however, the European Patent Convention establishes a non-EU system which streamlines the patent application process across European jurisdictions.

International Element
The PCT Patents Classification system has now 146 contracting states and Cyprus is one of them.