IP in Greece: a primer
Patents
According to Law 1733/1987, patentable inventions must be new, involve an inventive step and be susceptible to industrial application. A patentable invention may concern a product, a process or an industrial application. An invention is considered as involving an inventive step if, having regard to the state of the art, it is not obvious to the skilled person.
It will be considered as susceptible to industrial application, if the subject matter can be made or used in any field of industry. Exempt from protection are discoveries, scientific theories and mathematical methods, aesthetic creations, schemes, rules and methods for performing mental acts, playing games or doing business, and programmes for computers, presentation of information, methods for treatment of the human or animal body by surgery or therapy, and diagnostic methods practised on the human or animal body.
Inventions are protected by a national or a validated European patent, which have a duration of 20 years and are subject to payment of annual fees. Inventions concerning three dimensional objects which are proposed as novel and industrially applicable and are capable of providing a solution to a technical problem may be protected by means of a utility model. Utility models have a maximum duration of three years and are renewed annually. Where the applicant is a Greek national, Patent Cooperation Treaty and European patent applications must be filed through the Greek Patent Office.
Particular rules and restrictions apply for inventions that are of interest to national security. National applications may be filed in English, French or German, but a Greek translation must be also submitted.
The patent owner is entitled to forbid third parties from exploiting the invention or importing the products protected by the patent without its prior consent.
Infringement actions can be brought before the competent courts by the patent owner and an exclusive licensee. Co-owners can bring infringement actions independently. In the case of an action based on a pending patent application, the court may postpone the trial until grant of the patent.
According to a rough estimation based on currently applicable official fees, the costs for obtaining a national patent in Greece, from application to grant, will approximately amount to €400 to €840, but applicants must expect extra costs where excess claim fees are to be paid (if the number of claims exceeds ten). Applicants must also take into account translation costs.
An unusual aspect of the system is that there is no substantial examination of national patent applications. Although a search is carried out by the examiners, the search report has only an informative character. Consequently, all patents are granted irrespective of the contents of the search report, provided that the grant fee is paid.
Trademarks
Trademark rights are primarily obtained through registration. Three types of registration are available in Greece: national, EU and international. Use of a sign in the course of trade may result in a non-registered sign, protected under the law of unfair competition. Trademark protection lasts for ten years as of the filing date and can be renewed indefinitely.
The owner of a trademark is entitled to prevent all third parties from using without its consent any sign which:
