Category: Latest News

CYPRUS FAIRS FAVOURABLY FOR CITIZENSHIP BY INVESTMENT PROGRAM

Especially in the government handling of Covid19, protection of its citizens and quick return to normalcy.

Never has there been so much emphasis placed on the importance of global mobility, further to the initial shock and disruption of Covid19, and the political and financial aftermath that has left us all searching for the  return to normalcy.  Most of us have waited anxiously to see the response by our government policy, and the steps taken to protect its citizens from the pandemic, during such unchartered territory. We have quickly come to realize, the importance of what  we perhaps once took for granted, the stability of our country’s infrastructure, health system,  and social security,  as a means of protecting its’ citizens and preserving business, wealth and  the economy.

Although there has been no formal global response policy to Covid19, it has swiftly become apparent that some countries governments have taken quick action to protect their citizens, whilst others have failed miserably.  Such unprecedented times have also seen us highly dependent on media, for validity of government information and guidelines, so we now know how living in a country that allows for freedom of speech and a trusting government is paramount.

With countries like the USA now enforcing martial law where Black Americans and other immigrants are made feel unsafe, losing their human rights and liberties, and Hong Kong citizens feeling suffocated by the newly proposed controversial national security legislation announced by Beijing to tighten Chinese rule, completely overriding Hong Kong’s own legislative process, threatening their human freedoms and civil liberties. Also with other countries such as Russia enforcing public surveillance, with prominence of facial recognition fast expanding, where government authority is stamping down on public freedoms and monitoring social media, the threat of losing our freedoms seems to have become a greater fear than the fear of COVID19 itself, resulting in many HNWIs placing global mobility and citizenship by investment on the top of their agenda, with view to protecting their families, safeguarding their wealth and preserving it for future generations to come.

So why has Cyprus, such a small gem in the Mediterranean sea, received so much praise and attention during the pandemic, by those searching for dual citizenship or looking to relocate their family and wealth?

Cyprus is the 3rd. largest island in the Med, and is located at the eastern end of Europe, at the crossroads of three continents, Europe, Asia, and Africa.

Cyprus is known to have one of the lowest crime rates in the world and is considered to be one of the most attractive onshore tax regimes in the world, ranking 37th best country for business by Forbes in 2018, and 5th best relocation destination in the world, by Knight Frank. Having joined the European Union in 2004 and the Eurozone in 2008, Cyprus is deemed one of Europe’s rising stars, with a steady increase in GDP since the bank crisis of 2013, with its robust legal system based on English common law and transparent regulatory framework, with Cyprus’ banking system, now fully compliant with EU AML Directives.  Cyprus is also OECD compliant, and has one of the most attractive corporation tax rates worldwide, of only 12.5% and many non-dom zero tax benefits, and has attracted many UHNWIs and HNWIs alike.

With the highest tertiary education % in the EU, and a highly educated

professional workforce, where English is the main business language, as well as other widely spoken languages including Greek and Turkish, Cyprus has received much interest from international firms and investors worldwide.

Cyprus also has a strong infrastructure with a free, efficient national health service (YESI), and some of the best ranking universities and private schools, with languages taught as part of the curriculum including Chinese and Russian.

Cyprus’ main industries include financial services, banking, shipping, tourism, R&D and telecoms, as well as emerging industries such as energy and natural gas exploration. The real estate sector has also accelerated over the last ten years, seeing a steady increase in house prices to their pre 2013 high levels.

All this combined with a high quality of life, some of the best blue flag beaches of the world,  sunny  weather all year-round and friendly people with diversity and inclusion of all religions, makes  Cyprus a top Citizenship by Investment choice for many HNWIs and favourable relocation destination for many. With Europe having established itself as the most sought after region for high net worth investor immigration, Cyprus is now deemed the best Citizenship by Investment Programme (CIP) in the world.

Cyprus’ quick quarantine response to Covid19 and astute decisive action by economists, scientists and the Cyprus democratic government, has resulted in the island having one of the lowest fatality rates in Europe. Cyprus began lifting restrictions and returning back to normalcy in May, with the opening of the construction sector and public sector, with some schools resuming by mid-May, as well as private and public hospitals, and all citizen restrictions having been lifted by the end of May. From 1st June Cyprus hotels were open for business and Cyprus airports are to follow, with the reopening of international flights as from the 9 June, from selected low risk countries. Cyprus is proving an exemplary model country in pandemic management, taking successful measures resulting in quick returning back to normalcy, and has been praised for its quick recovery strategy, and shows optimism in its economic recovery.

Cyprus’ strong ethics in the importance family, education, wellbeing, business and innovation has held the country in good stead with amazing results. Therefore is a serious contender for someone evaluating their alternative citizenship application, dual passport, or a relocation destination.

The Cyprus Investment program offers the quickest route to a European passport obtained in approximately only 180 days. It is the only citizenship program offering such a simple and efficient way of obtaining dual citizenship.

Since 2013, the Cyprus Investment Program has attracted an investment of €6.6 billion. The Cyprus government has now lifted the 700 application cap, imposed earlier in the year, and is now more than ever committed to processing the CIP applications as quickly and efficiently as possible, providing they meet the eligibility guidelines and are fully compliant, as a means of boosting the country’s economy.

Eligibility requirements for the CIP include:

  • The main applicant must be 18 years of age or above
  • Have a clean criminal record
  • Have no frozen assets within the EU, as a result of sanctions
  • All applicants must have a Schengen visa
  • The applicant must not have had a citizen application previously rejected by any other EU member state
  • Politically Exposed Persons entrusted with a prominent public function in the last five years are not eligible to apply, even if they do not hold such function at the time of the CIP application;
  • Adult applicants must visit Cyprus in order to provide biometrics for the permanent residency permit, which must be held for a minimum of 180 days, prior to citizenship been granted.

The main advantages of the CIP are as follows:

  • Freedom to live, work and study anywhere in the 28 EU member states including over 172 countries worldwide, including Canada, Switzerland and the United Kingdom.
  • A quick route to acquiring EU citizenship, as a means to relocate to the UK
  • An easy process, with no language or medical testing
  • All family members are eligible including spouse, children including adult dependants  up to age 28 (prior to 29 birthday), and parents, even if over the age of 65
  • No physical residency requirements to live in Cyprus, other than holding of the Residency permit for 180 days prior to citizenship being issued
  • A better quality of life for the family, including excellent healthcare and  education for children, access to top-rated universities
  • Increased personal security and safety and enjoyment of freedoms with excellent lifestyle for all the family
  • Attractive tax regime with zero tax for non-domiciled individuals, no dividend tax and no inheritance tax
  • Citizenship is valid for life and can be passed on to your descendants
  • The acquired assets can be sold after 5 years, other than the €500,000 primary residence which must be held for life, and the €150,000 government donation which is non-refundable
  • Property investment can be rented and may yield between 3-5%. Real estate investment may also provide a guaranteed buy back option, at the end of the five year term (this may be available by some real estate firms)

The investment criteria starts from €2,150,000. The applicant may choose to invest in residential real estate or a combination of real estate and other investment investments as well as a non-refundable contribution.

The €2,000,000 investment option, must be made in residential real estate investment (plus VAT if applicable), as well as a non- refundable government donation of €150,000.

Or

An investment of €2,500,000 can be made, in a combination of real estate and/or other investment instruments such as AIFs, or investment in Cyprus companies as well as a non-refundable government donation of €150,000.

The government donation involves a non-refundable contribution of €75,000 to the Government Research and Development fund and €75,000 to the Land Development Organisation, in both options.

The investor may choose to sell the primary residence to the value of €500,000 and replace with another at any time, and should they wish their parents to be added to the application they can do so without any additional investment other than the purchase of their own primary residence to the value of €500,000 plus VAT.

Jenny Tryfonos Consultancy can assist you with Cyprus investor immigration services. Being of Cyprus descent, living in the UK and speaking the Greek language fluently, Jenny works with trusted local Cyprus lawyers and partners to protect the interest of her clients, ensuring that their needs are met every step of the way, keeping them informed throughout the application process and giving clients peace of mind, from start to successful acquisition of their Cyprus passport. Through her trusted advisory network, other HNWIs services offered include relocation, property acquisition, tax structuring, banking, trusts, and Cyprus company formation services, making your Cyprus experience complete and hassle free.

For a better visual idea on what Cyprus has to offer, check out the video Cyprus-The real return on investment

For further information on the Cyprus Investment Program, feel free to email contact@sterling-law.co.uk or send a WhatsApp or Telegram request to Jenny Tryfonos, so you can discuss your requirements further, in strictest confidence, or call +44 7 305 966 531.

Why it is important to have a Will and ensure it is up to date

A Will is one of the most important documents of a person’s life because it gives you control over how you dispose of your assets after you die. Without it, your assets could go to people you do not know or like, leaving your beloved family members and relatives without a share of your estate. Even if you have made a Will, your loved ones may still get nothing from your estate if you do not have your Will updated to reflect your changing personal and financial circumstances.

If your personal and financial circumstances change significantly and you do not have a Will in place, you may wish to have one prepared for you to reflect these changes.

Major life events, which necessitate changes in your Will, include the following:

  • Marriage or civil partnership

If you have made a Will prior to your marriage or civil partnership, the marriage or civil partnership automatically invalidates the terms of your existing Will. This means that your Will is invalid and, unless a new Will is drawn up, your estate will be distributed according to the laws of intestacy after you die. The rules of intestacy mean that your property is shared out according to set rules, where your spouse or civil partner is the first to inherit what remains in your estate. This creates a problem if you wish to leave your estate to your children or other family members instead of leaving it to your new spouse or civil partner.  If that is the case, you need to make a new Will in order to ensure that your estate is distributed according to your wishes.

  • Divorce or dissolution of civil partnership

Getting a divorce or dissolving your civil partnership does not automatically invalidate your Will. If your marriage or civil partnership ends, your Will works as if your spouse or civil partner had died on the date when the divorce or the dissolution of the civil partnership was issued. This means that if your spouse or civil partner was named as an Executor or Trustee in your Will, they are no longer able to fulfil this role. Further, any portion of your estate that you had left to them no longer takes effect unless you expressly state this, and it returns back to the residue of your estate passing to your Residuary Beneficiaries. Also, you may wish to take into account your stepchildren when updating your Will.

  • Children and grandchildren

The birth or adoption of children or grandchildren may necessitate a change in your Will if you wish to provide for your new children or grandchildren in your Will.

  • If your spouse or civil partner dies

If you had appointed your spouse or civil partner to be the Executor or Trustee in your Will and they die, you need to update your existing Will to remove them as the Executor or Trustee and include a new Executor or Trustee.  Similarly, if your spouse or civil partner was the Beneficiary in your Will, you need to update your Will to remove them as the Beneficiary and include a new Beneficiary.

  • If an Executor or Beneficiary named in your Will dies

If your chosen Executor in your Will dies, you need to update your existing Will to remove them as the Executor and add a new Executor. Likewise, if a beneficiary in your Will dies, you need to update your Will to remove this Beneficiary and include a new Beneficiary.

  • Moving home

If you buy or sell your home or other property, you should review and update your existing Will if you already have one prepared. If you do not have a Will in place and you are purchasing a property, you should have a Will prepared for you to reflect this.

Similarly, if you acquire assets or property outside England and Wales, you need to update your Will to cover your assets and property located abroad. If you have already made a foreign Will in respect of your foreign assets and property, you need to ensure that your existing Will does not revoke any previous ones you have made.

  • Start or sell your business

If you start your own business or sell your business, you should review and update your existing Will if you already have one in place. If you do not have a Will in place and you are setting up a business, you should have a Will drawn up for you to reflect this.

  • Significant changes in estate value

Fluctuations in a person’s wealth are common and if the size of your estate has grown or shrunk significantly, you may wish to update your existing Will to reflect these changes in your financial circumstances.

  • Inheriting assets or money

If you have recently inherited a large legacy, you need to update your existing Will or have a new Will drawn up for you to add the new legacy. There might be tax consequences that you need to take into account.

Once you have updated your Will or had a new one drawn up for you, ensure to tell your Executor where your Will is stored so that they are able to locate your Will when it is necessary.

It is good practice to review your Will regularly, at least every three to five years, or after any major changes in your life to ensure that it reflects your wishes and changing personal and financial circumstances.

Ensuring that your Will reflects accurately any changes in your personal and financial circumstances could save your family members and relatives a lot of the complications and hassle that an outdated Will might entail. Further, a Will that reflects your wishes can ensure that your assets go to the people you want to benefit from your estate, that your children are looked after by people you trust and that people of your choosing administer your estate after you die.

Book a call with our family lawyer to discuss.

You can learn more about us here

Coronavirus, business, and employment law

One big issue is on everyone’s mind in the UK and the globe in the last month. It has affected everyone.

Every responsible person is trying to do their bit to make life easier for the public. We pay tribute to all public service key workers, without whom we could not manage at a time like this.

COVID-19 has affected everyone’s working life, and people are wondering what the implications are for their businesses and jobs.

Important questions that arise in the world of employment law:

Can employers just terminate the jobs of their employees because of the economic impact of COVID-19?

Can employers temporarily ‘lay-off’ employees? In what circumstances. And for how long? With or without pay?

Can employers make employees redundant? What payment are employees entitled to, if any?

What are the appropriate grounds for redundancy? What process has to be followed? What are the consequences of not following the process?

What are the other risks and possible claims that an employee or employer may have?

What is the best practical approach that you can take, whether you are an employer or employee?

Is offering or accepting a settlement agreement a viable option? What are the advantages and disadvantages?

And if you are not an employee, but a self-employed contractor, what rights do you have?

The answers to these questions are complex and depend upon several factors. Some advisors purport to give simplistic one-line answers in a bid to win new clients, but experienced professionals know that that is simply not possible, because each situation is different. Factors which come into play include:

  • the express and implied terms of the contract
  • the length of employment
  • the nature of the work and traditions within that industry.

Even the law itself is changing rapidly as the coronavirus crisis spirals. Specialist lawyers need to keep up with the developing law in this area.

If you want the best possible advice possible for your needs, whether you are an employer or employee, you can receive it from Sterling Law’s Consultant Solicitor and specialist in employment law, with 20 years’ expertise in this field, Kuldeep Clair.

Please look up Kuldeep’s impressive profile at https://sterling-law.co.uk/en/kuldeep-clair/

Kuldeep Clair is making himself available for booking for a remote consultation at this very difficult time, at short notice, both inside and outside office hours. As lawyers, we will do whatever possible to help those hit by this crisis.

For expert advice on any employment issue, Kuldeep can be contacted on 07484 614090 or kuldeep@sterlinglawyers.co.uk

COVID-19: Lay-off and redundacy

Businesses are looking to reduce their bills in response to more people self-isolating at home.
While some send their employees to work from home maintaining their wages, others take advantage of lay-offs and reduced working hours.

Although there is general guidance available to employers, we suggest you seek legal advice before taking any actions and changing employees’ terms. Otherwise, you may face fines and costly tribunal hearings.

What about 0-hours workers?

0-hour workers cannot be suspended from work without a mutual agreement. If you decide to do so, you are opening up your company to claims. Otherwise, the right to suspend should be clearly stated in the contract.

Can I make employees stay home for a period of time on a reduced pay?

As an employer, you require a contractual right to do so and will need to follow the contract change process. You must also seek agreement from employees. Be transparent about why you have to do so and what employees can expect in the future, including redundancies.

What is lay-off?

Lay-off is when you as an employer take an employee off work at least for one working day due to lack of work.
Lay-off can trigger redundancy if it lasts for 4 weeks in a row, is more than 6 weeks within a 13-week period. In this case, an employee may opt for redundancy, and therefore, will be eligible for a redundancy payment.
Statutory lay-off pay: up to £29 a day for five days in any three-month period – so a maximum of £145.

If you have to make your workers redundant, you have to follow the redundancy procedure.

Find out more about your rights by contacting us.

020 7822 8535

07 305 966 531 for messengers

CLAIMING SICK PAY – WHAT ARE YOUR RIGHTS?

According to the Acas advice, every employee or worker is eligible for any SSP (Statutory Sick Pay) in they need to self-isolate and thus stay home due to: having coronavirus or its symptoms, if someone in their household has coronavirus or its symptoms, or if they have been told to self-isolate by NHS 111.

However, as an employee you must tell your employer you are unable to work as soon as you can, provide with the reason why, and also let them know for how many days you are likely to be absent. Your employer should be flexible about you providing evidence from doctors, as you may not be able to get a sick note while you are self-isolating.

«By law, medical evidence is not required for the first 7 days of sickness. After 7 days, it is for the employer to determine what evidence they require, if any, from the employee. This does not need to be fit note (Med 3 form) issued by a GP or other doctor» –
https://www.gov.uk/government/publications/guidance-to-employers-and-businesses-about-covid-19/guidance-for-employers-and-businesses-on-covid-19#what-to-do-if-an-employee-or-a-member-of-the-public-becomes-unwell-and-believe-they-have-been-exposed-to-covid-19

Agency, casual and zero-hours workers can get SSP if they meet the eligibility conditions, namely:

  • they earn on average at least £118 per week before tax;
  • they’ve told their employer about their condition within any deadline the employer has set or within 7 days.

Recently the UK government has decided that everyone with taking sick leave/self-isolating due to coronavirus or its symptoms is eligible for a sick pay from day 1 If you are, however, self-employed, or earn less than £118/week, according to the Budget, you can “more easily make a claim for Universal Credit or Contributory Employment and Support Allowance”: “For the duration of the outbreak, the requirements of the Universal Credit Minimum Income Floor will be temporarily relaxed for those who have COVID-19 or are self-isolating according to government advice, ensuring self-employed claimants will receive support”, you will be able to claim Universal Credit  “without the current requirement to attend a job centre if they are advised to self-isolate”.

Still have your questions or worried? Let us know by contacting us. Just send us a message here, or reach out to contact@sterling-law.co.uk. 07 305 966 531 is available to those who prefer messengers.

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Brexit implications on your business

Are you a VAT registered business trading between the UK and EU? You might find the below Brexit update from HMRC EU Exit and Borders useful.

What Brexit means for your business?

From 1 February 2020, the UK is no longer a member of the EU. The transition period will last until the 31 December 2020. During this time no changes to the terms for trading with the will take place (unless rules change for the whole of the EU). 

This means there will be no changes to customs, VAT, excise, free movement of goods or any other terms of trade (at least in relation to Brexit). 

What will happen after 31 December 2020?

From 1 January 2021, the terms of trading with the EU will change, e.g. new customs arrangements will take place. You will need to make customs declaration if you are importing or exporting goods to and from the UK. 

What you need to do now:

1. Check updates regularly. Follow our page or check on 

www.gov.uk/hmrc/business-support

2. Make sure you register for the Economic Operator Registration and Identification (EORI) number. 

You will need it to submit a customs declaration. Make sure it starts with letters GB. 

You can find out more at

www.gov.uk/eori

3. Decide how to make a customs declaration. 

You can either make declarations yourself or work with a customs agent. 

Information and guidance will be provided by HMRC soon.

Transitional Simplified Procedures (TSP):

Registration and use of the TSP are currently being suspended. If you already applied for the service, keep your documentation safe. Postponed VAT accounting is currently not available during the implementation period. 

Source: HMRC, EU Exit and Borders

Need help? Book a free phone call with us here.

Or just email us on contact@sterling-law.co.uk

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DISCRIMINATION IN EMPLOYMENT

A new case – 3 Jan 2020

On what kind of beliefs can an employee claim discrimination?

Most people are aware that it is unlawful to discriminate on grounds of gender, race or nationality, religion or belief, sexual orientation or disability.

An employment tribunal within the last week re-affirmed a fundamental principle of the Equality Act 2010, namely that the concept of ‘belief’ is not confined to just the Abrahamic religions, or any other religions, as some would have us believe!

‘Belief’ includes any philosophical belief, provided it is held genuinely and seriously, and includes, as in this case decided on 3rd January 2020, veganism. The claimant here was a vegan who believed that this was the reason that he had been victimised in the course of his employment. The employee had ethical objections to the way in which his employer behaved.

Of course, vegetarianism is included as well, as is, for instance, atheism and agnosticism and paganism. No belief has any privilege over any other – which I would say is exactly what you would expect in the law in a modern civilised secular society.

Kuldeep Clair

Senior Employment Solicitor

If you need expert advice on an employment issue, contact our consultant employment solicitor:

Kuldeep Clair – 07484 614090 or kuldeep@sterlinglawyers.co.uk

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EQUAL PAY DISCRIMINATION IN EMPLOYMENT

Just on Friday, a prominent new case was reported in the news involving equal pay.

It is prominent because it involved a claim by a well-known BBC journalist, Samira Ahmed, against her employer, on the basis that she had been underpaid for several years, for presenting one programme, amongst others. Her equal pay ‘comparator’ or rival BBC male journalist, was Jeremy Vine. Salary figures at the BBC had been made public as a matter of policy, and these showed that Mr Vine had been paid at a rate considerably more per programme, even though they both have been similarly experienced in their fields – over 25 years or so.

Of course, the BBC attempted to offer an alternative explanation for this disparity to the employment tribunal, but it was not accepted by the tribunal on the facts before it. The programmes in question were very similar and required similar skills. If the opposite had been accepted, the case would not have succeeded. Samira Ahmed’s success means that she will receive back pay for perhaps six years amounting to a six-figure sum. Six years is the maximum period for which an employee can claim back pay in an equal pay claim.

Our senior specialist employment solicitor, Kuldeep Clair comments, “I have found that claims for equal pay commonly turn on the ability of an employer to provide an explanation for the difference in pay. This can be difficult, but sometimes an explanation may not even be necessary, because the work simply is not easily ‘comparable’ at all. So there can be potential problems in both bringing and defending claims, unless you have expert professional representation.

Kuldeep dealt with an equal pay claim last year for a claimant which was settled for a substantial five figure sum. He was opposed by a prominent City firm, defending a national hospitality company. “The defence initially put forward by the employer was essentially the same”, says Kuldeep, “namely,  that my client’s work was of a different nature and could not be compared to the dozen male managers who occupied comparable positions to her. But they had a change-of-mind two weeks before the tribunal hearing date, when they realised the strengths of my client’s claim.

Kuldeep goes on to note that this year it is exactly 50 years since the introduction of the Equal Pay Act 1970, which was a turning point in anti-discrimination legislation. “We have now moved forwards a long way since the days when women were expected to either stay at home and do the dishes, or at most possibly expect to take menial work at whatever pittance of a rate was offered to them without any argument.

For advice on any employment issue, Kuldeep Clair can be contacted on 07484 614090 or kuldeep@sterlinglawyers.co.uk

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PK: Court of Appeal remits Ukrainian draft evader asylum claim back to the Upper Tribunal

Our client, PK is now raising funds for his application to the Upper-Tribunal. His initial application was refused by the Home Office. However, following a successful appeal, he now has another hearing at the end of March after the case was remitted to the Upper-Tribunal.

The client is launching this legal action to set a new precedent that would help other people in a similar situation.

The funds would be delegated to cover the legal expenses, including senior barrister QC (queen’s council), who is instructed in the matter to present the client in the Upper-Tribunal.

Ultimately, he needs to raise £30,000, which will cover the barrister fees of senior barrister QC and junior barrister, who are already instructed on the case and lead the previous successful appeal.

You can help PK by donating here.

You can read more about the case below:

Our client, PK, entered the UK unlawfully in 2013 and claimed asylum in 2014 upon facing deportation.

However, numerous asylum claims have been rejected, the call-up notices received were considered fraudulent documents, and PK faced removal.

PK appealed to the First-tier Tribunal which considered two main issues:

Could the military service in Ukraine involve acts contrary to the basic rules of human conduct defined by international law?

If the appellant was to receive a prison sentence, would the conditions there breach Article 3 of the European Convention of Human Rights?

The Tribunal considered such acts to be unlikely, but not impossible, and found that the most likely punishment for draft evasion in Ukraine would be fine. The appeal was therefore dismissed, as the harm feared would not be sufficiently serious to breach Article 3 of the ECHR.

The main question we raised in the Court of Appeal was whether punishment for draft evasion must reach minimum severity in order for a draft evader to be considered a refugee. We also argued there is an inconsistency between the Upper Tribunal and the Secretary of State definition of “minimum severity”.

The appeal was allowed and the case was remitted to the Upper Tribunal.

Sterling Law instructed Anthony Metzer QC and Julian Norman to represent the client.

You can read the full article here.

Ruslan Kosarenko
Senior Partner

 

 

 Nozima Rakhimjonova

Associate

nozima@sterlinglawyers.co.uk

 

 

Nadiya Pylypchuk

Trainee Solicitor

nadiya@sterlinglawyers.co.uk

ARE MATHEMATICAL EQUATIONS PROTECTED BY COPYRIGHT? ARE THERE ANY LEGAL PROVISIONS THAT LEGALIZE AUTHOR’S RIGHT ON IT?

So, mathematical equations are not protected by copyright, because they were created for public use. It would be unfair towards everyone and it will create a monopoly! Moreover, it will restrict the free-flow of information and can be used by only the owner. Every person should have an opportunity to use mathematical equations for personal or business purposes. The law gives the creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions, rights to control the ways in which their material may be used. The key point is that you can be inspired by the form of expression, but not an idea of the expression. Unfortunately, it is often becoming difficult to see the difference between the idea and expression. When the expressions are inseparable from the ideas, those expressions are not protected.

Thus, if you would like to create a math book, you can use mathematical equations that are all available for you. However, be careful with personal diagrams and illustrations because they are protected under copyright law. By adding an original idea, it can be protected under copyright law.

In Eastern Book Company & Ors v. D.B. Modak & Anr, the court set up the two condition:

  1. Sweat of Brow; and
  2. Modicum of Creativity.

Meeting these criteria, the work will be considered to be ‘original‘ and will be protectable under the copyright.

Please do not hesitate to contact us.

By Katsiaryna Pazniak

contact@sterling-law.co.uk

You can book an appointment here.