Business Brief 2021: Greece

PATENTS

Inventions are protected in Greece by national or European patents, with a 20-year duration and subject to payment of annual fees. Inventions concerning novel and industrially applicable 3D objects, which provide a solution to a technical problem, may be protected as a utility model, with a maximum duration of seven years.

Where the applicant is a Greek national, Patent Cooperation Treaty and European patent applications must be filed through the Industrial Property Organization (OBI). The duration of protection of pharmaceutical inventions, as well as of inventions concerning plant protection products protected in Greece by a national or a European patent, may be extended by the grant of a supplementary protection certificate (SPC).

Information on existing patents in Greece can be found in the official bulletin issued by the OBI as well as on the national patent register. Both are available online.

As a defence against an infringing act, the patent owner may seek a temporary restraining order, which is filed concurrently with a petition for injunctions, requesting the cessation of the infringing act and removal of the infringing products from the market. With a main infringement action, the patent owner may also request compensation and moral damages.

Establishing an efficient watching system for detecting infringing products is key.

Infringement actions can be brought before the competent courts by the patent owner and an exclusive licensee. Co-owners can bring infringement actions independently. The costs for enforcing and defending patents in Greece depend on several factors, such as complexity of the case, duration of proceedings, involvement of technical experts, translation costs.

On March 9 this year, Greek patent law was amended to allow the applicant to expedite the patent examination procedure. Under the new law, applicants can waive their right to make use of the four-month period after filing, which otherwise allows for the late submission of the Greek translation and other supporting documents, provided they have fulfilled all necessary requirements upon filing.

A further amendment now provides patent applicants the right to amend the claims of their applications by limiting the scope of the patent, within a three-month term from receipt of the notification of the search report.

“Civil courts are now empowered to hear counterclaims for revocation or invalidity of national trademarks.”

TRADEMARKS

Law 4679/20-3-2020, enacted on March 20, introduced very important changes, including the following: