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DENMARK

Since January 2019

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Consolidate Patents Act (2019) (LBK nr 90 af 29/01/2019 Patentloven)
Pursuant to Art. 11 of the Consolidate Patents Act (2019), the Patent and Trademark Office may invite the applicant to appoint a patent agent residing in the European Economic Area (EEA) to represent the applicant in all matters relating to the application. Moreover, it is reported that it is strongly recommended that foreign applicants prosecute the patent in Denmark through a local agent, a Danish registered patent attorney.
Coverage Horizontal

DENMARK

Since December 1978

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Denmark is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
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[{"post_id":"81628"},{"post_id":"81629"},{"post_id":"81630"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'DK')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'DK')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"EU"}]

DENMARK

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.02%
Coverage rate of zero-tariffs on ICT goods (%)
79.09%
Coverage: ICT goods

CYPRUS

Since June 2014
Since 2013, last amended in 2021

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Consumer Protection Law of 2021 Ν. 112(Ι)/2021 (Νομος που προβλεπει για την προστασια του καταναλωτη Ν. 112(Ι)/2021)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Law of 2021 Ν.112(Ι)/2021. The law gives the Consumer Protection Service wider authority to impose sanctions, including administrative fines, and to apply to the court for injunctions in cases of violations. The legislation consolidates the laws in relation to consumer rights, unfair commercial practices, misleading and comparative advertising, unfair terms in contracts, indication of product prices, conditions for the sale of goods at discount prices, and product guarantees.
Coverage Horizontal

CYPRUS

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Cyprus has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

CYPRUS

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Cyprus has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

CYPRUS

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Cyprus has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

CYPRUS

Since May 2006
In April 2014
Since 2007, entered into force in December 2007, last amended in 2008

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Data Retention Directive 2006/24/EC

Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others

Law 183(I)/2007 Law on Retention of Telecommunication Data for the Investigation of Serious Criminal Offences (Ο περί Διατήρησης Τηλεπικοινωνιακών Δεδομένων με Σκοπό τη Διερεύνηση Σοβαρών Ποινικών Αδικημάτων Νόμος του 2007 (183(I)/2007))
Under the EU Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws that implemented the directive have been overturned.
Cyprus's law implementing the Directive is still in place. Specifically, according to Section 13 of Law 183(I)/2007, telecommunications services providers are obliged to retain data for a period of at least six months.
Coverage Telecommunications sector

CYPRUS

Since July 2020
Since April 2004, last amended in July 2007

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Electronic Commerce Law (156(I)/2004) (Νόμος περί Ηλεκτρονικού Εμπορίου (156(I)/2004)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The E-Commerce Law of 2004 and its amendment of 2007 transpose the E-Commerce Directive into Cypriot law. The Law aims to promote the free movement of information society services between the Republic of Cyprus and EU/EEA members, with particular emphasis on the establishment of a clear framework for the liability of intermediaries.
Coverage Horizontal

CYPRUS

Since July 2020
Since April 2004, last amended in July 2007

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Electronic Commerce Law (156(I)/2004) (Νόμος περί Ηλεκτρονικού Εμπορίου (156(I)/2004)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The E-Commerce Law of 2004 and its amendment of 2007 transpose the E-Commerce Directive into Cypriot law. The Law aims to promote the free movement of information society services between the Republic of Cyprus and EU/EEA members, with particular emphasis on the establishment of a clear framework for the liability of intermediaries.
Coverage Horizontal

CYPRUS

Since March 2010, entry into force in May 2010, last amended in 2018
Since January1998, as amended in May 2021

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)

Law on Radio and Television organizations of 1998 (7(I)/ 1998) (Ο περί Ραδιοφωνικών και Τηλεοπτικών Οργανισμών Νόμος του 1998 (7(I)/1998))
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Cyprus, the EU Directive was transposed into domestic law through the amendment of Law 7(I)/1998 of May 2021 (197(I)/2021). According to Art. Art. 31Α of the law, audiovisual service providers are required to retain at least 30% of their catalogues for European works and to display them prominently. Cyprus has not implemented financial contribution obligations to VOD service providers.
Coverage Audiovisual Media Services

CYPRUS

Since April 2016, entry into force in May 2018
Since July 2018

Pillar Domestic data policies  |  Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)

Law Providing for the Protection of Natural Persons with regard to the Processing of Personal Data and for the Free Movement of Such Data of 2018 (Law 125(I)/2018) (Ο περί της Προστασίας των Φυσικών Προσώπων Έναντι της Επεξεργασίας των Δεδομένων Προσωπικού Χαρακτήρα και της Ελεύθερης Κυκλοφορίας των Δεδομένων αυτών Νόμος του 2018 (Ν. 125(I)/2018))
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Cyprus implemented the GDPR by means of Law Providing for the Protection of Natural Persons with regard to the Processing of Personal Data and for the Free Movement of Such Data
Coverage Horizontal

CYPRUS

Reported in 2022, last reported in the 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Open environment for foreign investment
It is reported that Cyprus has not established restrictions on ownership control of foreign investment in sectors relevant to the digital economy.
Coverage Horizontal

CYPRUS

Since March 2019
Since October 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Regulation 2019/452 establishing a framework for the screening of foreign direct investments

Decision 90.013/2020 of the Council of Ministers
Under Regulation 2019/452, Member States may maintain their existing investment screening mechanisms (22 Member States currently do), adopt new ones or remain without such national mechanisms. The Commission keeps an up-to-date list of screening laws in the EU. Member States must notify the Commission, which may issue an opinion when an investment threatens the security or public order of more than one Member State or when an investment could undermine a strategic project or programme of interest to the whole EU, such as Horizon 2020 or Galileo. The final decision remains with the Member State.
Cyprus currently lacks a horizontal mandatory foreign investment screening mechanism for FDI, aside from sector-specific licenses issued by relevant ministries. However, the country is drafting legislation in line with EU regulations to establish an investment screening mechanism under the Ministry of Finance, which is expected to pass in 2024.
In the meantime, Decision 90.013 of the Council of Ministers approved the Fast-Track Business Activation Mechanism, which implements an FDI screening for foreign companies. This mechanism applies to certain sectors, including telecommunications, where a regulatory and licensing regime is enforced under local legislation
Coverage Horizontal

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