Intellectual Property: The importance of the Supreme Court's decision and the need for the establishment of a Copyright Authority

Stakeholders in the field, including collective management organisations, consider the Supreme Constitutional Court’s recent decision regarding the intellectual property and copyright law passed by Parliament last July, to be of great importance.

This law not only did not improve the current legal framework, but also created further distortions in the field of collective management of copyright, essentially leaving copyright holders themselves hanging in the balance.

Characteristic of the importance of this decision is the report of the Law Office of the Republic, which in its relevant announcement emphasised that "the Opinion of the Supreme Constitutional Court is considered to be a milestone for the beneficiaries of intellectual property rights and related rights, since, for the first time, the Court, at the highest level, analyses the property rights of the beneficiaries of intellectual property and related rights, and how this is protected through the Collective Management Organisations that represent the beneficiaries."

At the same time, stakeholders in the field believe that the Supreme Court, with its decision, ratified Cyprus' European identity, while sending a clear message that not just anyone - mainly Members of Parliament through legislative proposals - can propose and promote for voting and/or vote on unconstitutional and anti-EU legislation.

However, following the decision of the Supreme Constitutional Court, which found the law passed by Parliament to be unconstitutional in its entirety, and given that the existing legislation does not require any change or amendment, it is now considered imperative to promote the passage of the regulations for the establishment and operation of the Intellectual Property Authority and subsequently the appointment of the Authority by the Government as soon as possible.

The regulations have been in the drawers for three years

It is worth noting that, although these regulations have been submitted to Parliament since September 2022, to date they have not been discussed even once in the competent Parliamentary Committee (Energy, Commerce, Industry and Tourism).

In fact, and due to the fact that the time specified by the rules of procedure of the House for the discussion and passage of a piece of legislation submitted to Parliament has passed, the said regulations were withdrawn and resubmitted to the House on 13 March, 2025 and should - based on the procedures of the Parliament - be discussed and brought to a vote in the Plenary by 8 May.

Given, however, that the Parliament is closed for the Easter holidays and the next session of the Plenary of the House is scheduled for 8 May, it is considered certain that the regulations will be withdrawn and resubmitted, so that within two months - if the competent Committee puts them under its microscope and completes their examination - they can be brought to a vote and their withdrawal for a third time can be avoided.

According to the standards of the OPI

It is noted that, pending the discussion of the regulations governing the establishment and operation of the Intellectual Property Authority, stakeholders in the field believe that in order for the Authority to operate effectively, it should be in line with the standards of corresponding Authorities in other European countries, such as the Hellenic Copyright Organisation (HCO), which is supervised by the Ministry of Culture of Greece.

This Organisation is governed by a seven-member board of directors, all of whose members are reputable lawyers dealing with intellectual property and/or university professors, and its main purpose is to protect creators and their relatives, ensure the implementation of the legal framework governing its operation and international conventions, supervise collective management organisations and draft legislation on matters of intellectual property and related rights.

Also, for the stakeholders in the field, another important step that must be taken is the transfer of the Authority from the Ministry of Energy to the Deputy Ministry of Culture, which is considered its "natural" space.

To reinforce their position, the organisations argue that it is impossible for a Ministry that is 90% concerned with the country's energy issues to simultaneously and effectively deal with intellectual property/artists.

In this regard, they even suggest that the Attorney General's opinion be sought on how the Authority will be legally "weaned" from the current structure, that is, under the same "status" of operation of the Registrar of Companies.

Selection of the board of directors and the Registrar

Regarding the structure of the Intellectual Property Authority, the stakeholders in the field suggest that reputable lawyers and/or academics who deal substantially with intellectual property be appointed to the Authority's board of directors, as well as a member of the Institute of Certified Public Accountants of Cyprus (ICPAC) who will assist in examining possible financial issues that may arise between collective management organisations and users.

Regarding the selection of the Intellectual Property Commissioner, the bodies emphasise that he or she should possess legal and technical knowledge on the subject, as well as organisational and professional skills.

However, due to the importance of the entire issue, the stakeholders in the field - including the collective management organisations that spoke to InBusinessNews - expressed their readiness to attend and present their documented positions when the regulations are discussed in Parliament, with the aim of having them voted on as soon as possible.

(Source: InBusinessNews)