GREECE Law and Practice Contributed by: Anastasia Dritsa, Elisabeth Eleftheriades, Vicky Kriketou, Irene Kyriakides, Ioanna Kyriazi, Victoria Mertikopoulou, Claire Pavlou and Panagiotis Pothos, Kyriakides Georgopoulos Law Firm
Enforcement and Remedies Patent rights are enforced primarily through civil pro - ceedings, including injunctions, damages and the removal or destruction of infringing products. Dam - ages may be based on lost profits, reasonable royal - ties or the infringer’s profits. Information claims and publication of court decisions are also available. 7.2 Trade Marks Definition A trade mark is any sign capable of distinguishing the goods or services of one undertaking from those of another and of being represented on the register with Protection in Greece is available through: • national trade marks (Law 4679/2020); • EU trade marks – EUTMs (Regulation (EU) 2017/1001); and • international registrations under the Madrid Proto - col. clarity and precision. Length of Protection Protection lasts ten years from the filing date/from the date of international registration and may be renewed indefinitely for successive ten-year periods. Registration Process A national trade mark application is filed with OBI. Upon its formal examination, the application is pub - lished and becomes subject to a three-month opposi - tion period. If no opposition is filed, or any opposition is rejected, the trade mark is registered. A similar pro - cedure applies to EUTMs before the European Union Intellectual Property Office (EUIPO). For international registrations, the application is filed through the applicant’s national or regional office and submitted to the World Intellectual Property Organiza - tion (WIPO). Following formal examination by WIPO, the designation of Greece is notified to OBI, which examines the application under national law. In the absence of a refusal, the mark enjoys protection in Greece as a national trade mark. Enforcement and Remedies Enforcement includes:
Foreign undertakings without a principal establish - ment in Greece may invoke Article 18a only if reciproc - ity is established, namely if Greek undertakings enjoy equivalent protection in the relevant foreign jurisdic - tion. Accordingly, beyond the existence of effects of the conduct in Greece, Article 18a is subject to an additional limitation, with reciprocity restricting access to protection under the provision.
7. Intellectual Property 7.1 Patents Definition
A patent is an intellectual property right protecting technical inventions that are novel, involve an inven - tive step and are capable of industrial application. The main applicable framework in Greece is Law 1733/1987. Length of Protection Patents are protected for 20 years from the filing date, subject to annual renewal fees. Protection may be extended by up to five years for medicinal and plant protection products through a supplementary protec - tion certificate. Registration Process Patent protection in Greece may be obtained through the following: • National Patents: An application is filed with the Hellenic Industrial Property Organization (OBI). Fol - lowing formal examination and a search report, OBI grants and publishes the patent. • European Patents (European Patent Convention): A European patent application may be filed with the European Patent Office (EPO), designating Greece. Once granted, the patent must be validated in Greece by OBI. • International Patents (Patent Co-Operation Treaty): Applicants may file an international application with OBI or WIPO. Upon entry into the European phase and grant of the European patent, the above validation process applies. Greece has signed but has not yet ratified the Unified Patent Court Agreement.
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