CYPRUS: INTELLECTUAL PROPERTY

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Jocelin Beasley
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1 CYPRUS: INTELLECTUAL PROPERTY i n f o r m a t i o n b r o c h u r e

2 THE NEW CYPRUS IP REGIME Cyprus is evolving into a leading IP location Why Cyprus? A reputable and fully transparent financial centre, a full member of the European Union and a well-established holding company jurisdiction, Cyprus has recently implemented a new IP regime, expected to stimulate the growth driving sectors of IP exploitation and Research and Development. Resting on a sound legal system based on Common Law principles, and the conclusion of International Conventions on the Protection of Intellectual Property, the Cyprus new IP Regime guarantees maximum protection and certainty for IP owners. IP Protection in Cyprus The protection of IP rights is dealt extensively in Cyprus. There is a comprehensive system in place that guarantees that the results of innovation and creativity are protected at a European and an International level. a. Patents As far as patents are concerned, a new invention is protected in the following ways in Cyprus: - A national patent certificate is granted by the Department of Registrar of Companies and Official Receiver. - A European Patent issued by the European Patent Office. - An International Patent under the provisions of the Patent Cooperation Treaty, administered by the World Intellectual Property Organization (WIPO). b. Trademarks/Service Marks/ Designs As far as Trademarks/Service Marks and Designs are concerned, protection is granted in the following ways: - Registration under the provisions Capital 268 offering protection at a National level. - EU Regulation 207/2009 of 26 February 2009 on the Community Trademark and EU Regulation 6/2002 of 12 December 2001 on the Community Design offer via Cyprus uniform protection throughout the territory of the European Union. - Cyprus being a signatory to the Paris Treaty on the Protection of Industrial Property, as administered by the World Intellectual Property Organization (WIPO) and a party to the Madrid Protocol, offers global protection of trademarks, service marks and designs.

to stimulate the growth driving sectors of IP exploitation and Research and Development.

3 c. Copyrights - Copyrights are protected under Law N.59/76 on the Protection of Intellectual Property which offers protection at a National level. - Cyprus being a signatory to the Bern Convention for the Protection of Literary and Artistic Works which covers broad range of rights, including software copyrights. This guarantees protection to all the Convention member states with no further process being required. Tax Benefits Also complemented with the beneficial tax provisions, that render the Cyprus tax system as one of the most favourable in the EU, featuring a 12.5% corporate tax rate, no withholding tax on outgoing payments (interest, dividends, royalties) and no exit taxes. Cyprus, offers an extensive double tax treaty network that ensures withholding tax optimization on royalty payments that may arise from the contemplated IP arrangements and access to all EU Tax Directives. The new IP Regime in the spotlight - An 80% exemption on royalty income and capital gains upon disposal of IP. - No recapture system for previously generated losses losses can be carried forward indefinitely. - Gross IP income reduced by expenses incurred for the production of IP Income. - Competitive amortization provisions over a 5 year period. - Wide range of qualifying IP rights. - Effective Tax rate of 2% or Less! Qualifying IP Rights include amongst others: Patents, trademarks/service marks, designs/models, internet domain names, software copyrights, secret formulae, know-how, work in process R&D, lists, rights related to scientific, literary or artistic work, rights related to industrial or commercial work.

This guarantees protection to all the Convention member states with no further process being required.

Taxation of Royalty Income (Practical Example) A Cyprus tax resident company derives royalty income amounting to EUR 100.000

4 Taxation of Royalty Income (Practical Example) A Cyprus tax resident company derives royalty income amounting to EUR and incurs directly related expenses of EUR Under the new IP Regime the royalty income will be taxed as follows: Net Income from royalties ( ) % Statutory exemption x 80% ( ) Taxable Income Tax Liability @12.5% Effective tax rate 2.50% Taxation of Disposal of IP Proceeds A Cyprus tax resident company disposes an IP right for EUR The cost of acquisition was EUR and amortization was claimed for two years. Under the new IP Regime the proceeds from the disposal will be taxed as follows: Sales proceeds Less: Costs of acquisition ( ) Add back: Amortization claimed % statutory exemption x 80% ( ) Taxable income Tax Liability @ Effective tax rate % 1.75% The Cyprus IP Regime at a glance Qualifying IP Rights Conditions Qualifying IP Income Tax Treatment Copyrights Patents Trademarks Service marks Software Trade secrets Know-how Client lists Work in progress R&D Acquired or developed post 1 st January 2012 Royalty payments Damages Capital Gains 80% exemption on qualifying net income Effective tax rate: 2% or less!

000x 80% ( 48.000) Taxable Income 12.000 Tax Liability 12.000@12.5% 1.500 Effective tax rate 2.50% Taxation of Disposal of IP Proceeds A Cyprus tax resident company disposes an IP right for EUR 1.000.000. The cost of acquisition was EUR 500.

5 How our law firm can help We at Prountzos & Prountzos LLC have a team of professionals dedicated to providing expert services in relation to intellectual property rights. Our IP specialists have extensive knowledge, understanding and experience of the IP regime in Cyprus and abroad and will provide a wide range of services to ensure our clients achieve their goals. Prountzos & Prountzos LLC provides clients with the following services: Registration of Copyrights, Patents, Trademarks, Service Marks, Software and more. Commercial and Legal Consultation with regards to IP obligations and rights. Legal Representation on litigation procedures concerning IP disputes within Cyprus or abroad.

6 Main Contacts Charalambos G. Prountzos Advocate - Managing Partner E: cprountzos@pplegal.com.cy Dina Kanga Advocate - Associate E: dkanga@pplegal.com.cy Constantinos Michael Advocate - Associate E: cmichael@pplegal.com.cy Anna Stylianou Advocate - Associate E: astylianou@pplegal.com.cy

cy Dina Kanga Advocate - Associate E: dkanga@pplegal.com.

7 CYPRUS: INTELLECTUAL PROPERTY i n f o r m a t i o n b r o c h u r e 2013 Prountzos & Prountzos LLC, a Cyprus lawyers limited liability company regulated by the Cyprus Bar Association, with registration number HE , 15 Themistokli Dervi Street, 5th Floor, Office 502, 1066 Nicosia, Cyprus. All rights reserved

regulated by the Cyprus Bar Association, with registration number HE 261075,

Research, innovation and intellectual property in Luxembourg Lecomte & Partners Wildgen Partners in Law

2011 Research, innovation and intellectual property in Luxembourg Lecomte & Partners Wildgen Partners in Law Didier Lecomte Lecomte & Partners and Jean-Luc Dascotte Wildgen Partners in Law Luxembourg Research,