articles | 13 February 2025 | Soteris Pittas & Co LLC

CYPRUS: The use of the Anton Piller Order in cases of theft or infringement of Source Code or copyrights, or database rights

In the recent English Appellate decision in SERVIS TERMINAL LLC -V- DRELLE (2025) EWCA CIV 62, it has been held that a foreign judgment which has not been recognized and enforced in England, cannot be used, as a basis for the filing of any bankruptcy petition – (including a winding up petition) – on the ground that the sum awarded as per the foreign judgment, is liquidated, undisputed and payable.

 

In a recent case handled by our litigation team, our Clients succeeded in obtaining, inter alia, a draconian Anton Piller Order against Cypriot resident individuals, who had allegedly stolen, inter alia, their Source Code, Intellectual Property (“IP”) rights, trade secrets, etc., and/or infringed their copyright over an Artificial Intelligence (“AI”) product, engineered, manufactured and promoted by our Clients.

Under Cyprus law, a Source Code is protected in the same way as a “literary work”, which means it is copyrightable from the moment that the first line of code is created.

The Anton Piller Orders are often called, the “newclear weapon” in the Plaintiff’s arsenal, because such orders, strike without warning, and can have devastating effects.

Generally, while granting an Anton Piller Order, the Court has to balance between two conflicting interests, combating infringements of IP rights, and safeguarding the defendants’ rights to privacy, and privilege against self-incrimination.

Through the successful execution of an Anton Piller Order, the victim of an infringement of copyrights or of theft of a Source Code, will be able to collect vital evidence, for proving such infringement or wrongdoing, to identify all wrongdoers, as well as to strengthen its case.

For further information on this topic please contact

Mr. Soteris Pittas spittas@pittaslegal.com) at SOTERIS PITTAS & CO LLC,

by telephone (+357 25 028460) or by fax (+357 25 028461)

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