We are proud to announce that one more success has been added to the long track record of successful cases from our Litigation Team. Our seasoned team of Cyprus Lawyers defending our Client in an alleged breach of Intellectual Property Rights, passing – off and fraud was successful in dismissing an ex-parte (without notice) application which was submitted to the District Court of Nicosia.
On the 22 February 2021, the Nicosia District Court in Cyprus delivering the interim judgment, noted that the requirements set by the law in cases such as these were missing. The Court, went on to say that due to the complexity of the matter and from the evidence presented, it was apparent that other persons who were not parties in the proceedings also claim intellectual property rights in the disputed work. The Court by assessing the circumstances of the case and by exercising its inherent judicial discretion, felt compelled not to issue a prohibitory injunction since the same might adversely affect the said third persons.
Background of facts
Our Cyprus based Client, having been engaged for years and experimenting in the field of active flow control using plasma, has, with the assistance of his colleagues, discovered an innovative and novel way of using plasma to sterilize surfaces. The necessity of further development of this revolutionary technology occurred with the recent outbreak of the worldwide COVID-19 pandemic, which as our Client said “I felt that the timing for further development of this project was perfect considering the needs to combat the coronavirus”
On the other side, the petitioners were a research centre which, agreed to provide to our client the necessary equipment and facilities to develop the project further and assist him in securing funding for its future exploitation. Understanding the potential and broad application this particular project had the petitioners sought to exclude our Client from claiming the intellectual property in the work by suing him for passing off, fraud and breach of intellectual property rights.
Success – Cancellation of Interim Orders
On the 29/10/2020, Mrs. Eve Karaviotou, assisted by Mr. Christos Kastanias and Mr. Evripides Michaelides filed an Objection against this Interim Order (ex-parte) application and were successful in dismissing the application, obtaining the desired result by also being awarded the legal costs.