Law firm Y. Georgiades & Associates LLC wins case for UCy professor
Press Release 11:58 - 22 July 2024
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The Senate of the University of Cyprus, comprising 24 members, presiding by the Rector Dr Tasos Christofides, has overturned a decision by a three-member disciplinary committee, which had found a university professor guilty of committing a disciplinary offence by founding an innovative company in 2017 in which he holds over 25% equity.
According to a press release by the law firm Y. Georgiades & Associates LLC, in his plea, lawyer Yiannos Georgiades expressed outrage at the university's decision to initiate disciplinary proceedings against Professor Julius Georgiou, a full five years after the company's registration, “based on an anonymous tip”. At the time of registration, there were no laws preventing the professor from establishing such a company and holding equity, said Georgiades. What’s more, he added, everyone at the university, including the Ex Rector and Vice Rector, at that time had been aware of the company's registration and the professor's involvement from the outset. Indeed, he said the university had even collaborated with his company in numerous competitions, earning awards and significant publicity. “Furthermore, the university benefited by being included as a partner by the company in a grant from the Research and Innovation Foundation (RIF) and signed a contract with the professor's company, in which he is a shareholder, just months before these proceedings began,” it said.
So, Georgiades wondered it was possible for the university’s disciplinary committee to find him guilty, despite accepting that there was no law preventing the professor from registering the company in 2017. “They also ignored completely that the Ex Rector of the University at that time confirmed before the disciplinary committee that he had encouraged the professor in 2017 to register the company and advance his very beneficial to the community research on an innovative diagnostic method for detecting colon cancer using a capsule and contrast media,” the press release said.
Georgiades stressed that the professor had acted entirely within university policy, which promotes such initiatives in alignment with the government's efforts to foster innovation and technology. He asserted that the professor had done nothing wrong, likening the disciplinary proceedings to a “witch hunt”.
The professor was accused of violating a law that came into force in 2018, which did not have retrospective effect for companies registered before 2018 said Lawyer Yiannos Georgiades and he stated, "Such prosecutions deter the development of innovation and technology, creating a climate of intimidation among researchers and discouraging them from advancing their research. Justice should not be used as a tool for prosecutions that resemble a witch hunt".
Georgiades added, "Innovation and technology are the pillars of future development for both Cyprus and the global community. It is our duty to create an environment where researchers and scientists can work without hindrance, with incentives to advance their ideas. By eliminating the fear of injustice and retroactivity, we encourage creativity and innovation".
Professor Julius Georgiou said: "I am grateful for the support and dedication of my Lawyer, Yiannos Georgiades, and the law firm Georgiades & Associates LLC. This vindication is a victory not just for me, but for all academics who promote innovation. Efforts to encourage the founding of innovative companies within our universities must be strengthened, positioning Cyprus prominently on the technology map."
The Senate's decision to reverse the disciplinary committee's ruling took into account Georgiades' legal submissions, referencing principles of law such as the non-retroactive application of the law, as stipulated by Article 7 of the European Convention on Human Rights, which states that no one can be punished for an act that was not an offence at the time it was committed. Additionally, the accusers failed to prove that the professor had committed any offence.
Yiannos Georgiades praised the Senate for its decision, saying it marks a significant step towards protecting the rights of researchers and academics, ensuring that university regulations are not used unjustly and retroactively. This, he said, is crucial for promoting research and innovation in Cyprus, creating a more favourable environment for the development of new technologies and the promotion of innovative ideas on the global stage.
The Professor was represented by Yiannos Georgiades & Nicolas Georgiades of Y. Georgiades & Associates LLC.