Professional Documents
Culture Documents
The revised and reviewed edition of this booklet aspires to offer an extend-
ed presentation of the legal framework governing inventions, designs and
models as well as technology transfer in Greece.
Apart from more recent transcripts, it contains full texts of the most im-
portant laws or decrees and a reference to the relevant legislation.
The Industrial Property Organisation (OBI) remains in hope that this booklet
will stand for prompting and transferring the knowledge required for the pro-
tection of inventions and inventors.
2015
1
LEGISLATION RELATED TO INVENTIONS, DESIGNS AND MODELS,
TECHNOLOGY TRANSFER AND
TOPOGRAPHIES OF SEMICONDUCTOR PRODUCTS
2
12. Law No 2359/1995 on the “Amendment to the Government Bill
on the Hellenic Bank of Industrial Development (ETVA) and
other provisions”………………………………………….…………. 77
13. Law No 2417/1996 “Ratification of the convention of the Hague
on the international lodging of industrial designs and specimens
of 6 November 1925, as revised at the Hague on 28 November
1960 and the Supplementary Act of Stockholm of 14 July 1967
as amended at Stockholm on 28th September 1979” .................. 78
14. European Parliament and Council Regulation No 1610/96 of
23rd July 1996 “concerning the creation of a supplementary pro-
tection certificate for plant protection products" .......................... 80
15. Ministerial Decision No 30560/544 “Lodging of an application
with the Industrial Property Organisation for the granting of a
supplementary protection certificate for plant protection prod-
ucts” ............................................................................................ 88
16. Presidential Decree No 259/1997 “Implementing Provisions of
the Hague Agreement Concerning the International Deposit of
Industrial Designs as ratified with Law 2417/1996 and Provi-
sions Concerning the National Title of Protection” ...................... 92
17. Law No 2557/1997 (GG 271, Α’, 24.12.1997) “Institutions,
measures and actions for cultural development” ........................ 106
18. Joint Ministerial Decision No 14905/EFA/3058 “Lodging of an
application with the OBI for the granting of a supplementary
certificate for protection for pharmaceuticals” ............................. 107
19. Law No 2919/2001 (GG 128, Α’, 25.06.2001) “Connecting re-
search and technology with production and other provisions” … 111
20. Law No 2943 (GG 203, Α’, 12.09.2001) "Serving of sentences
by drug dealers and other provisions within the remit of the Min-
istry for Justice" ........................................................................... 112
21. Presidential Decree No 321/24.09.2001 “Adaptation to Directive
98/44/EC of the European Parliament and of the Council on the
legal protection of biotechnological inventions" .......................... 114
3
22. Presidential Decree No 161/31.05.2002 “Adaptation of Presi-
dential Decree 259/1997 to the provisions of Directive 98/71/EC
of the European Parliament and of the Council of 13 October
1998 on the legal protection of designs” …….............................. 119
23. Joint Ministerial Decision No 14113/EFA/3850/23.12.2002
“Amendment to the joint ministerial decision 12149/EFA/2248
(GG Β’ 1240/ 11.10.2000) "Awards and financial support to in-
vestors" ....................................................................................... 122
24. Regulation (EC) No 1891/2004 (EU OJ L 328 of 30.10.2004) of
the Commission of 21st October 2004 “Laying down provisions
for the implementation of Council Regulation (EC) No
1383/2003 concerning customs action against goods suspected
of infringing certain intellectual property rights and the
measures to be taken against goods found to have infringed
such rights” …………………………………………..……………… 126
25. Law No 3396/2005 (GG 246, Α’, 06.10.2005) “Ratification of the
act revising the Convention on the Grant of European Patents
(European Patent Convention of 5 October 1973, as amended
on 17 December 1991) of 29 November 2000” ........................... 131
26. Joint Ministerial Decision DYG3(a) No 83657 (GG 59 Β of
24.01.2006) on the “Harmonisation of Greek legislation with the
equivalent community legislation in the fields of production and
marketing of medicines for human use, in compliance with Di-
rective 2001/1983/EC on “the Community Code relating to me-
dicinal products for human use”, as amended by Directives
2004/27/EC, 2004/24/EC on traditional herbal medicinal prod-
ucts and Article 31 of Directive 2002/1998/EC on the adoption
of standards of quality and safety for the collection, testing,
processing, storage and distribution of human blood and blood
components” ............................................................................... 132
4
27. Commission Regulation (EC) No 1172/2007 of 5.10.2007
“Amending Commission Regulation (EC) No 1891/2004 of
21.10.2004 laying down provisions for the implementation of
Council Regulation (EC) No 1383/2003 concerning customs ac-
tion against goods suspected of infringing certain intellectual
property rights and the measures to be taken against goods
found to have infringed such rights” ……………………………… 133
28. Ministerial Decision No 11475/EFA/2388/ GG B’
1165/25.06.2008 “Submission of an application with the OBI for
a six-month extension of the duration of the supplementary pro-
tection certificate for paediatric pharmaceuticals” ....................... 135
29. Ministerial Decision No 10374/GG Β’ 1594, 04.08.09 “Proce-
dure of search report or final search report drawing by the In-
dustrial Property Organisation (ΟΒΙ)” .......................................... 141
30. Regulation (EC) No 469/2009 of the European Parliament and
of the Council of 6 May 2009 “Concerning the supplementary
protection certificate for medicinal products” ............................... 145
31. Law No 3842/ GG A’ 58/23.04.2010 “Restoring tax justice, ad-
dressing tax evasion and other provisions” ................................. 156
32. Ministerial Decision No 11970/B0012/POL.1203/10 (GG 2147
B’/ 31.12.2010), “Determination of terms, prerequisites and pro-
cedures regarding the implementation of the provisions of arti-
cle 71 ‘Patent tax incentives’ of Law No 3842/2010 (GG
A/58/23.4.2010)” ……………………………………………………. 158
33. Law No 3966 (GG 118 A’, 24.05.2011) “Institutional framework
of Model Pilot Schools, Establishment of an Institute of Educa-
tional Policy, Organisation of the Institute of Computer Tech-
nology and Publications ‘DIOFANTOS’ and other provisions” … 161
34. Presidential Decree 46/23.04.2012 (GG A’ 95), “Amendment of
Presidential Decree 77/1988 (GG A’ 33) in application of the
Act revising the Convention on the Grant of European Patents
of 29 November 2000 that was ratified with Law 3396/2005
(GG A’ 246)” ……………………………………………………….... 168
5
35. Decision of the Prime Minister and the Minister of Development,
Competitiveness, Infrastructures, Transport and Networks No
30376/Δ106 721/5.7.2012 (GG Β’ 2094, 6.7.2012), “Assign-
ment of competences to the Deputy Minister of Development,
Competitiveness, Infrastructures, Transport and Networks, Mr.
Athanasios Skordas” ……………………………………………….. 173
36. Law 4144/2013 (GG A’ 88, 18.4.2013) “Fight against delin-
quency in Social Security System, in labour market and other
dispositions falling under the competence of the Ministry of La-
bour, Social Insurance and Welfare”, article 79,
“Regulatory issues of the Hellenic Industrial Property Organisa-
tion” …………………………………………………………………… 176
37. Ministerial Decision 12625/1/2014 (GG B’ 3258, 4.12.2014),
"Electronic distribution of documents to and from the Industrial
Property Organisation (OBI) and electronic filing of industrial
design or model registration" ……………………………………… 177
38. Annex .......................................................................................... 183
6
LAW No. 4325/1963
7
Article 3 Article 4
1. Within five days – starting from the 1. In the event that a patent statement is
next day of patent statement’s submis- classified as temporarily confidential ac-
sion mentioned in Article 2- a three- cording to article 3, the relevant file is
member committee of specialized offic- stamped and within five days following
ers of the Ministry of National Defense, the date of its classification, it is for-
which is appointed and replaced upon warded to the competent service of the
decision of National Defense Minister Ministry of National Defense for final ap-
and is chaired by the highest in rank or proval or cancellation of this classifica-
the most senior member in terms of age, tion.
shall control such statements. Those not
meeting the provisions of Article 1 here- 2. Following the opinion of the above
in are referred by means of an act committee, within three months after the
adopted by the said committee to the five-day period of paragraph 1, the Min-
competent service for further actions, ister of National Defense shall decide
whereas those falling under Article 1are definitely and irrevocably about the clas-
classified ‘as temporarily confidential’ by sification of this statement.
a similar act. 3. Where the Minister considers that the
2. In exceptionally difficult circumstanc- statement falls under the provisions of
es the above five-day deadline may be article 1, he classifies it as “definitely
prolonged up to a maximum of twenty confidential” and notifies the inventor or
five days by an act of the committee, his/her representative (authorized per-
which shall be notified to the Specific son) of his decision. Further, he ensures
Confidential Invention Office. Where the patent registration under the inventor
above period expires without the exami- name to the Ministry of Commerce and
nation having been completed, the ordi- he orders the file to be sealed and kept
nary patent granting procedure shall be safely.
applied. 4. On the contrary, if the above three-
3. The same procedure (paragraph 1 month deadline expires without any ac-
and 2) applies to confidential inventions tion, the classification as ‘temporarily
which have been registered according to confidential’ is cancelled ipso jure and
article 30 of L. 2527/1920 and article 10 the file is sent back to the Ministry of
of this Royal Implementing Decree. In Commerce for further actions.
such event, the file is stamped following Article 5
a decision of the committee. The inven-
tion is classified as non-confidential and 1. The patent statements classified as
it is referred to the competent service for “confidential” as well as the relevant pa-
further actions. tents shall be filed in specific books (reg-
isters) with a serial number similar to
those of ordinary books (registers); the
pages which remain blank with an indi-
cation C - namely Confidential- next to
8
the serial number, correspond to Confi- if the said statement is not classified as
dential Inventions indicating the number ‘temporarily confidential’ or ‘definitely
of the book and the page of the specific confidential’. Those penalties shall be
confidential book where they have been equally imposed to those who knowingly
filed. The Industrial Property Bulletin of obtain illegally such inventions, discov-
the Government Gazette publishes only eries or technical information. Such
the number of the patent with the indica- penalties shall apply similarly to em-
tion “confidential”. ployees who knowingly disclose any in-
formation regarding the above inven-
2. The monitoring of confidential patent tions, discoveries and technical infor-
statements may be conducted only by mation of which he/she became aware
the inventor himself or a specific attor- due to his/her duties. Those who negli-
ney duly authorized by the Minister of gently violate the above provisions will
National Defense pursuant to article 14 be subject to imprisonment.
herein.
2. The provisions of this article are ap-
Article 6 plicable as well to confidential inven-
According to the provisions of article 1, tions, discoveries and technical infor-
after the classification of a patent state- mation obtained abroad.
ment as temporarily or definitely confi- Article 9
dential, the inventor and any third party
shall not disclose or publish in any way 1. The Minister of National Defense
whatsoever such statement and its con- may, subject to a prior and just compen-
tent. Otherwise the penalties described sation of the inventor or his/her heirs
in article 8 shall be imposed. and before fixing the amount of said
compensation detailed below, use the
Article 7 confidential patent statements for state
Provided that the conditions of article 1 services and enterprises defined by him.
(2) are met and upon written approval by 2. The said reasonable compensation
the Minister of National Defense, the in- may be defined in any form whatsoever
ventor of a confidential patent statement (lump sum payment, per piece of the
may file such statement in a foreign produced item or a rate of its value etc.)
country so as to obtain in that country a and is determined upon agreement be-
relevant patent tween the Minster of National Defense
Article 8 and the beneficiaries of such compensa-
tion.
1. Those who deliberately and in breach
of any of the provisions hereof transfer 3. If agreement is not concluded within
or disclose inventions or discoveries or six months after the patent statement’s
technical information in light of article 1 filing date, the compensation is fixed
herein, are to be sentenced up to ten upon decision of a committee, which is
years of imprisonment and during war- consisted by an appeal court judge (de-
time to life imprisonment or death, even fined as the Chairman), a specialized
9
high rank officer of the Ministry of Na- Article 10
tional Defense, a high rank employee of
the industrial property department of the 1. When a patent statement is classified
Ministry of Commerce and a member as “definitely confidential” and is not
from the Technical Chamber of Greece. used for more than one year after the
They are appointed together with their filing date to the Ministry of Commerce,
alternates by the competent Ministers the inventor is entitled to request a rea-
and the Chairman of the technical sonable compensation according to arti-
Chamber of Greece respectively. cle 9 herein.
4. The above decision is notified to the 2. If the patent statement is used before
inventor or his/her authorized repre- the expiry of the one-year time limit, the
sentative and the Minister of National inventor is not entitled to request com-
Defense. Within one month following the pensation for the period that such patent
notification date to each one of them, statement remained unused.
the receivers may file an appeal against 3. The provisions of this article do not
such decision. apply to the confidential inventions ob-
5. The appeal is reviewed by a commit- tained abroad.
tee consisted by a supreme court judge Article 11
(as Chairman), one high rank special-
ized officer, one high rank employee of Except for the compensation provided
the Ministry of Commerce and one for in article 9 and 10, the inventor has
member of the Technical Chamber of no right to claim additional compensa-
Greece. They are appointed together tion with regard to the classification of
with their alternates by the competent his/her statement as “temporarily or def-
Ministers and the Chairman of the initely confidential”.
T.C.G. respectively.
Article 12
6. Officers are appointed as secretaries
1. If a confidential patent statement no
to the above committee by the Minister
longer has any interest in terms of de-
of National Defense. The decisions of
fense, the Minister of National Defense
this committee shall be taken by a ma-
lifts its classification as “confidential”,
jority of members and the Chairman
upon opinion of the competent service,
shall have the casting vote in case of
orders the notification of this decision to
equality of votes. The decisions of the
the inventor or his/her authorized repre-
Second Instance Committee are irrevo-
sentative, and returns the file to the Min-
cable and there is neither judicial reme-
istry of Commerce for further actions.
dy available against them nor a request
for cancellation before the Greek Coun- 2. Patent statements and technical in-
cil of State. formation obtained abroad remain confi-
dential unless the Government of the
7. The provisions of this article shall ap-
State of origin decides to lift such classi-
ply as well to the confidential inventions
fication; in this case the specific agree-
obtained abroad.
10
ments’ provisions are in force as well as tion of this Decree shall be regulated
safety regulations of the hosting country. upon decisions of the competent Minis-
ters which shall be published on the
Article 13 Government Gazette, except for those
1. The Minister of National Defense ap- referring to confidential issues.
points, by contract, specialized or not Article 15
scientists in order to conduct national
defense research projects. Inventions All documents issued for the implemen-
realized in execution of such contract tation hereof are confidential, provided
belong to the Greek State. that they involve data relating to confi-
dential inventions, discoveries and tech-
2. The remuneration of said scientists nical information falling under the pre-
may be agreed in any way whatsoever, sent Decree.
namely in the form of monthly payment,
a lump sum amount, per piece of the Article 16
produced item, a rate of its value or oth-
erwise according to the Minister’s judg- This Decree shall enter into force upon
ment. its publication in the Government Ga-
zette. The Law No.2441/1940, “on Na-
Article 14 tional Defense Patents”, the Legislative
Decree No. 431/1947 “amendment of
1. Issues relevant to the organization of Law No.2441/1940 on National Defense
the services involved in the application Patents” are annulled.
of the present Decree, the authorization
procedure of attorneys regarding confi- This Law was passed by Parliament and
dential inventions, the placement to ex- We ratify it today. It shall be published in
isting posts of employees charged with the Government Gazette and shall be
handling confidential statements and implemented as a law of the State.
relevant documents, as well as the se-
curity of those documents and any other
detail having regard to the implementa-
11
LAW No 1733/87 (FEK 171 A’ of 22.09.1987)
PART ONE
1. A legal entity under private law [1] f. Rendering of consultation and infor-
shall be founded under the name “In- mation on new technologies and
dustrial Property Organisation” (OBI), knowhow, under reserve of the disposi-
with seat at Athens, and under the tute- tions of this law with regard to the confi-
lage of the Ministry of Industry, Energy, dential registers, records, and rolls;
and Technology.
g. Monitoring and follow-up of the use of
2. The aim of OBI is to contribute to the inventions and technical innovations,
technological and industrial develop- and of the transferring technology in
ment of the country through the practice Greece and abroad;
of the following competencies:
h. Classification of inventions and of
a. Grant of patents, patents of modifica- contracts on technology transfer by cat-
tion and utility model certificates, as well egory of use taking into account the in-
as rendering opinions for the conclusion ternationally established criteria.
of non-contractual licences within the
meaning of article 13; Article 2
Administrative Council
b. Registration of contracts concerning Structure - Function -
technology transfer; Competencies
1 2
OBI has been exempted from the public sector un- Paragraph 1 of Article 2 is cited as amended by Arti-
der Presidential Decree No. 232/14.07.1992 cle 27, Par.1 of Law No. 2516/1997
12
dustry with experience and knowledge the Secretary of the Administrative
on industrial property matters. The Council is to be determined by joint de-
above-mentioned members are selected cision of the Minister of Industry, Ener-
by the Minister of Development. gy, and Technology and the Minister of
Finance. The number of meetings may
c. One technical scientist with not exceed a total of four per month.
knowledge and experience on matters
related to industrial property to be pro- 6. The Administrative Council shall
posed by the Technical Chamber of meet upon summons by its Chairman,
Greece (TEE). regularly twice per month and extraordi-
narily if so requested by the Chairman
d. One representative of OBI’s employ- or the majority of the members of the
ees elected and recalled from the totality Administrative Council. In the latter
of the working force. In case the said case the Chairman shall obligatorily
representative is not elected, the Admin- convene the members of the Administra-
istrative Council shall legally meet even tive Council within five days from the
without the participation of said repre- date of the written notification of the re-
sentative. quest of the majority. This notification
shall also state the items on the agenda.
2. [1]
7. The Administrative Council shall be
3. The Administrative Council of OBI in quorum when at least four (4) of its
and the Director General shall be ap- members are present. The decisions of
pointed by decision of the Minister of In- the Administrative Council shall be
dustry, Energy, and Technology for a made by absolute majority of its attend-
four-year term of office. The Chairman ing members and in case of equality of
and the Vice-Chairman of the Adminis- votes the vote of the Chairman shall
trative Council shall be appointed by the prevail.
same decision. The Chairman of the
Administrative Council may be assigned 8. The duties of reporter shall be ful-
with the duties of the Director General of filled by the Director General of OBI or
OBI. The term of office of the members the Deputy Director General and occa-
of the Administrative Council and of the sionally the directors as well as mem-
Director General of OBI may be re- bers of the Administrative Council also
newed [2]. assigned with special tasks, if the
Chairman of the Administrative Council
4. The competencies of the Secretary has been also assigned to the duties of
of the Administrative Council shall be the Director General [3].
practiced by an employee of OBI to be
appointed along with his deputy by deci- 9. The minutes of the Administrative
sion of the Chairman of the Administra- Council shall be signed by the Chair-
tive Council. man, the members and the Secretary.
5. The compensation per session of the 10. The Administrative Council shall
Chairman, the Director General of OBI, decide on every subject related to the
the Vice-Chairman, the members and practice of the competencies, the ad-
1
Paragraph 2 of Article 2 is abolished by Article 27,
3
Par. 2 of Law No. 2516/1997 Paragraph 8 of Article 2 is cited as replaced by Arti-
2
Paragraph 3 of Article 2 is cited as replaced by Arti- cle 18, paragraph a of Law No. 1739/1987
cle 18, paragraph a of Law No. 1739/1987
13
ministration and the staff of OBI. More to the Director General of OBI, to the
specifically, it shall: Deputy Director General or to other sen-
ior employees of OBI.
a. Set up the regulation of organisational
structure of OBI, the regulation regard- 12. The Chairman of the Administrative
ing the status of the staff of OBI, the fi- Council shall determine the items on the
nancial status of OBI, and the rules of agenda under reserve of art. 2 par. 6,
procedure of the Administrative Council summon the members of the Adminis-
of OBI, and shall submit them for appro- trative Council to meetings, and follow
bation to the Minister of Industry, Ener- up the implementation of the decisions
gy, and Technology; of the Administrative Council. In case of
absence of the Chairman or his inability
b. Decide with regard to the means for to attend the Vice-Chairman shall pre-
attaining its goals and elaborate its long side the meeting of the Administrative
term and short-term plans of action, Council.
which it shall submit for approbation to
the Minister of Industry, Energy, and 13. The Director General of OBI [1] shall
Technology; have the following competencies:
c. Decide on the annual budget and its a. He shall be responsible for the im-
necessary amendments and shall sub- plementation of the decisions made by
mit it for approval to the Minister of In- the Administrative Council;
dustry, Energy, and Technology;
b. He shall head the units of OBI and
d. Decide on the recruitment of staff, on provide for their normal and effective
their emoluments and their indemnities, function;
the emoluments of the Director General
included, and on every matter concern- c. He shall extrajudicially or judicially
ing their professional status in office; represent OBI and be entitled to entrust,
by act, according to the case or catego-
e. Establish regional services and ry of case, the representation to the
branch offices in Greece and abroad; Deputy Director General or to a member
of the Administrative Council, to a law-
f. Compile the annual balance sheet and yer of OBI or, for specific matters, to an
annual financial report of OBI, the rele- employee of OBI.
vant dispositions on Limited Companies
applied thereto; d. By his act and in compliance with the
dispositions of the law, he shall grant
g. Determine the fees and revenues of patents, patents of modification and utili-
OBI arising form the rendering of ser- ty model certificates, issue opinions in
vices; accordance with article 13 regarding
grant on non-contractual licences, as
h. Entrust organisations and other natu- well as any other certificate, affirmation
ral persons or legal entities with studies, or document for supply of information
investigations, and works related to the defined by the present law.
realisation of the goals of OBI and de-
termine the remuneration to be paid.
14
Article 3 a. Regulation of organisational structure
Resources - Management - of OBI, which shall regulate its structure
Supervision with regard to service units, their compe-
tencies, and their function.
1. OBI shall have the following regular
and extraordinary resources: The regulation of the organisational
structure of OBI may provide for the es-
a. Fees and income arising from render- tablishment of a committee which shall
ing of services; comprise specialized scientists of OBI
with the purpose of examining patent
b. Special financing from the budget of applications, wherever the examination
the Public Investments Programme; of said applications requires specialized
scientific knowledge.
c. Special financing from subsidies, do-
nations, inheritance, legacy, and contri- b. Regulation of the status of the staff of
butions of any kind from legal entities OBI, which shall determine the posts of
and natural persons. the staff provided by the law and the
qualifications for their recruitment; it will
2. Following approbation of the Minister also regulate issues pertaining to the
of National Economy and of the Minister progress of the staff with regard to
of Industry, Energy, and Technology, grade and salary, issues pertaining to
OBI may contact loans with banks and retirement from the service and in gen-
credit organisations in Greece or eral all issues related to the service sta-
abroad. tus as well as the disciplinary responsi-
bility and disciplinary penalties.
The guarantee of the Greek state may
be given for the grant of the aforemen- c. Economic regulation which deals with
tioned loans. matters of management, compiling, and
publication of the budget, the balance
3. The management and the annual sheet and the annual report, issues re-
balance sheet of OBI shall be audited by lating to the cases and the procedures
Certified Accountants. for payment of fees, income or reve-
nues, and rendering expenses as well
4. For the supervision of the function of as to matters of supplies of OBI.
OBI, the Administrative Council shall
submit to the Minister of Industry, Ener- d. Regulation of function of the Adminis-
gy and Technology an annual report of trative Council of OBI, which is not sub-
its activities, a report of revenues and ject to approbation by the Minister.
expenses, the budget, and the balance
sheet. 2. OBI shall keep the following registers,
records, and rolls:
Article 4
Regulations - Rolls - Registers - A. Registers:
Records
a. Confidential technology transfer regis-
1. By decision of the Administrative ter, within the meaning of article 21 of
Council of OBI, approved by the Minister the present law;
of Industry, Energy, and Technology the
following regulations shall be set up: b. Common register for patents;
15
c. Confidential register for patents; 4. The data which shall be included in
the aforementioned registers, records
d. Register for utility model certificates; and rolls and the mode of their reduction
and presentation shall be determined by
B. Records: decision of the Minister of Industry, En-
ergy, and Technology, following a pro-
a. Confidential record for technology posal of the Administrative Council of
transfer, within the meaning of article OBI. The same decision shall determine
21 of the present law; the manner in which the Industrial Prop-
erty Bulletin shall be kept and issued, as
b. Ordinary record for patents; well as the data to be included therein.
PART TWO
PATENTS
16
3. An invention shall be considered new 9. Patents shall be granted also for an
if it does not form part of the state of the invention which has been disclosed no
art. The state of the art shall be held to earlier than six months preceding the
comprise anything made available to the filing of the patent application, if the dis-
public anywhere in the world by means closure was due to:
of a written or oral description or in any
other way, before the filing date of the a. an evident abuse of the rights of the
patent application or the date of priority. applicant or his/her legal predecessor;
4. An invention shall be considered as b. the fact that the invention was dis-
involving an inventive step if, having re- played at an officially recognised inter-
gard to the state of the art, it is not obvi- national exhibition falling within the
ous to a person skilled in the art. terms of the convention on international
exhibitions signed in Paris on 22 No-
5. An invention shall be considered as vember 1928 and ratified by Law
susceptible of industrial application if its 5562/32 (Official Journal, 221). In said
subject matter may be produced or used case, when filing the application, the
in any sector of industrial activity. applicant should state that the invention
has been so displayed and should file
6. The following shall not be regarded the relevant supporting certificate.
as inventions susceptible of industrial
application within the meaning of para- 10. The disclosure of paragraph 9
graph 5: does not affect the novelty of the inven-
tion provided for in paragraph 3.
a. Methods for treatment of the hu-
man or animal body by surgery or ther- Article 6
apy; Right to a patent -
Invention by an Employee -
b. Diagnostic methods practiced on Claiming
the human or animal body.
1. The right to a patent shall belong to
7. The exceptions to paragraph 6 shall the inventor or to the beneficiary in ac-
not apply to products and in particular to cordance with paragraphs 4, 5, and 6
substances or compositions for use in and to his/her general or special suc-
any of these methods. cessors in title. Whoever requests the
grant of the patent shall be deemed to
8. Patents shall not be granted in the be the inventor.
following cases:
2. If two or more persons have made an
a. inventions the publication or exploi- invention jointly and provided that there
tation of which would be contrary to pub- exists no other agreement, the right
lic order (“ordre publique”) or morality; shall belong to all of them jointly. Each
co- beneficiary may freely assign his
b. plant or animal varieties or biological share and take care of the maintenance
processes for the production of plants or of the joint patent.
animals; this provision does not apply to
microbiological processes or the prod- 3. If two or more persons have made
ucts thereof. the invention independently of each oth-
er, the right to the patent shall belong to
the person whose patent application has
17
the earliest date of filing or to the person 8. In all cases, the name of the inventor
who has a priority right against the oth- shall be mentioned in the patent and the
ers in accordance with article 9. inventor shall have the right vis-à-vis the
applicant or the owner of the patent to
4. An invention made by an employee demand his/her recognition as inventor.
shall belong to him/her (free invention)
unless the invention is either a service 9. The beneficiary of the invention may,
invention, in which case it entirely be- if a third party has filed without his/her
longs to the employer, or is a dependent consent a patent application relating to
invention in which case it belongs by his invention or to essential constituents
40% to the employer and by 60% to the there of, demand by legal action against
employee. said third party the recognition of his/her
rights emanating from the patent appli-
5. A service invention is the outcome of cation or, in case that a patent has been
a contractual relation between the em- granted, his/her rights emanating from
ployee and the employer for the devel- the patent.
opment of inventive activity. In case
that a service invention is accomplished, 10. The aforementioned legal action
the employee shall have the right to re- shall be brought before the court within
quest an additional reasonable recom- a period of two years from the date of
pense if the invention is particularly prof- publication of the summary of the patent
itable to the employer. in the Industrial Property Bulletin. This
term does not apply if the patentee is
6. A dependent invention is the inven- aware of the right of the claimant at the
tion made by an employee with the use time of grant or assignment of the pa-
of materials, means or information of the tent.
enterprise in which he/she is employed.
The employer shall be entitled to exploit 11. A summary of the irrevocable deci-
the dependent invention by priority sion stating the acceptance of the
against compensation to the inventor, aforementioned action shall be recorded
proportional to the economic value of in the Patents Register.
the invention and the profits it brings.
The inventor of the dependent invention The licences and all other rights which
shall without neglect notify in writing the have been granted on the patent shall
employer on the accomplishment of the be considered null as from the date of
invention and shall give the necessary said recordal. The defeated litigant and
data for the filing of a joint patent appli- third parties, if they have exploited the
cation. If the employer does not answer invention in good faith or had proceeded
in writing within four months form said with the necessary preparations for said
notification to the employee that he is exploitation, may request from the rec-
interested in jointly filing the patent ap- ognised beneficiary the grant against
plication, the said application shall be compensation of a non-exclusive licence
filed by the employee only and in this for a reasonable period of time. In case
case the invention belongs entirely to of dispute of the parties the conditions
the employee. shall be determined by the one-member
court of first instance in the place of res-
7. Any agreement which restricts the idence of the applicant, in accordance
above mentioned rights of the employee with the procedure laid out in article 741
shall be considered null. to 781 of the Code of Civil Procedure
Law.
18
CHAPTER TWO 5. The abstract of the invention serves
only for the purpose of technical infor-
PROCEDURE FOR GRANTING mation.
A PATENT
6. The application may relate either to a
Article 7 single or to multiple inventions so linked
Filing of application - Acceptability - as to form a single general concept. If
Publication the application is related to several in-
ventions (compound application) the
1. For the grant of a patent an applica- applicant may, up to the date of grant of
tion shall be filed with OBI including: the patent, divide the application into
more than one divisional applications,
a. Full name or name of legal entities, maintaining the filing date of the initial
nationality, residence or seat, and ad- application as filing date of each divi-
dress of the applicant; sional application.
b. Description of the invention and 7. Upon filing the patent application, the
determination of one or more claims. applicant may state that he wishes his
OBI may request completion or reword- application to be considered, in accord-
ing of the description or the claims in or- ance with article 19, as an application
der to comply with the dispositions of for the grant of a utility model certificate
the present law. By claim shall be held if the application shall be rejected as a
in the present law the extent and the patent application.
content of the requested protection;
8. The application shall be accented for
c. A request for the grant of a patent. filing provided that it meets the terms
laid down in paragraph 1 and that it is
2. The application shall be accompanied accompanied by the receipts of the filing
by the drawings referred to in the claims fee and the first annual renewal fee. In
or the description, an abstract of the in- this case the filing of the application
vention, the explanations for the proper shall be considered as orderly filed but
understanding of the description, and not complete.
the documents empowering the appli-
cant to act in case of a legal entity or in 9. Within a period of four months from
case of a natural person if he/she is not the filing date, the applicant should
the inventor. It shall be further accom- submit any missing drawings or other
panied by the receipts evidencing pay- supporting documents, complete any
ment of the application fee and of the lacking data, and correct any eventual
first annual renewal fee. errors in the draft of the documents and
of other supporting documentation in
3. The claims of the invention shall be accordance with paragraphs 2, 3, 4, and
based on the description. 5. In this case the filing of the applica-
tion shall be considered complete.
4. The description of the invention shall
be so compiled as to be sufficiently car- 10. The date of the orderly filing of the
ried out by a third person skilled in the application in accordance with para-
art. graph 8 is considered as the filing date
of the application.
19
11. The manner of drafting and filing of as invention within the meaning of arti-
the patent application and of the docu- cle 5 paragraph 2.
ments attached thereto as well as of any
other detail relating to the procedure for If either of the above cases occurs, OBI
the grant of a patent shall be determined shall reject the patent application in its
by decision of the Minister of Industry, entirety or in the part which falls under
Energy, and Technology, following pro- said cases.
posal of the Administrative Council of
OBI. 3. If the applications is not considered
as non-filed or if it is not rejected, in ac-
12. The patent application of paragraph cordance with the preceding para-
1 as well as the documentation attached graphs, OBI shall draft a search report
thereto provided for in paragraph 2 shall based on the description of the inven-
be made available to the public eighteen tion, the claims, and the attached draw-
months following the filing date or the ings which shall mention all data of the
date of priority, unless the patent has state of the art necessary for the as-
already been granted in which case they sessment of the novelty and the in-
are made available to the public on the ventive step of the invention (search re-
date of grant of the patent. port). The search report may be ac-
companied by comments or brief ex-
13. As from the date on which the ap- planatory remarks made by OBI which
plication is made available to the public, shall relate to the characteristics of the
any third party may request information invention in accordance with article 5
and copies of the application, of the de- par. 1.
scription, of the drawings, and of any
other relevant data. 4. The search report shall be drafted on-
ly if the applicant pays the search fee
14. Extracts of the application shall be within four months from the filing date of
published in the Industrial Property Bul- the application. In case said fee is not
letin. paid in time, the patent application is au-
tomatically converted into an application
Article 8 for grant of a utility model certificate.
Grant of the patent - Procedure
5. The search report, along with a copy
1. If after the lapse of the term stated in of the documents accompanying it, shall
paragraph 9 of the preceding article OBI be notified to the applicant who is enti-
discovers the orderly but not complete tled to present his/her comments within
filing of the application, this shall be a period of three months from the date
considered as not filed. of the notification.
2. If the filing of the application is orderly 6. On the basis of the applicant’s com-
and complete, OBI shall examine: ments, OBI shall draft a final search re-
port including all data of the state of the
a. whether the subject matter of the ap- art which have to be taken into consid-
plication relates to an invention which is eration in appraising the patentability of
obviously - patentable within the mean- the invention by granting a patent in ac-
ing of paragraphs 6 and 8 of article 5; cordance with the present law.
b. whether the subject matter of the ap- 7. The search report shall be made
plication cannot be obviously considered available to the public along with the pa-
20
tent application or, if it has not yet been 14. A copy of the patent, together with
drawn-up, following its notification to the the documents attached thereto, shall
applicant. be given to the applicant.
8. The search report or the final search 15. Any third party shall be entitled to
report, have an informative character. request information or copies of the pa-
tent, the description, the drawings or
9. Upon drafting the search report, OBI any relevant data.
may request form the European Patent
Office or from any other international or Article 9
national organisation the supply of in- International priority
formation or opinions which shall be
freely evaluated. Furthermore, OBI may 1. If an orderly patent application or ap-
request from the applicant additional in- plication for grant of a utility model certif-
formation, clarifications or comments. icate has been filed abroad, the appli-
cant or its beneficiary shall be entitled to
10. All other matters related to the pro- claim priority provided that, within twelve
cedure of drafting the search report or months from the filing date, he shall file
the final search report are regulated by an application in Greece for the same
decision of the Minister of Industry, En- invention and that the condition of reci-
ergy, and Technology. procity applies. In this new application
he must state the date and the country
11. OBI grants a patent following com- of the first filing. The right for priority
pletion of the procedure of the preceding goes back to the date of the first filing
paragraphs. The patent certifies the abroad.
complete and orderly nature of the pa-
tent application. The patent indicates its 2. As orderly filing abroad there shall be
classification and its period of life, considered every patent application
whereas the following shall be attached which is considered orderly in compli-
thereto: ance with the law of the country where it
has been filed and provided that the fil-
a. The original of the description of the ing date ensues from its content. The
invention together with the claims, the subsequent fate of said patent applica-
abstract, and drawings, if any; tion is of no concern.
b. The search report or the final search 3. Within sixteen months from the first
report. orderly filing abroad, the following shall
be submitted to OBI:
12. The priority claim from an application
in another country is inscribed on the a. Certificate by the competent authority
patent, indicating also the country, the from the country where the first applica-
date, and the number of its filing abroad tion was filed, indicating the number and
on which the priority is based. the filing date along with the description,
claims, and any drawings attached
13. The patent shall be recorded in the thereto, certified by the foreign authority,
Patents Register and its summary shall and
be published in the Industrial Property
Bulletin. b. Translation into Greek of the afore-
mentioned certificate, description,
claims, and drawings, by a lawyer or au-
21
thority having the right to certify transla- a. The use of the invention for non-
tions. professional or research purposes;
4. If several priorities are claimed, the b. The use of the invention built in an
terms starting from the date of priority automobile, railway, vessel or airplane
are calculated as from the date of the entering the Greek territory on a tempo-
earliest priority. rary basis;
22
CHAPTER FOUR ment shall be valid, the patentee shall
be entitled to a deduction from the sum
SUCCESSION AND LICENCES of the annual fees paid for protection of
the patent. The deduction shall be de-
Article 12 termined in general or for specific cate-
Assignment - Succession – gories of cases by decision of the Ad-
Contractual Licence ministrative Council of the Industrial
Property Organisation.
1. The right on a patent application and
on the patent itself may be assigned fol- Article 13
lowing written agreement or they may Non-contractual licence
be inherited. The assignment shall be
completed upon registration of the as- 1. The competent court mentioned in
signment agreement or of the certificate paragraph 10 of the present article may
of inheritance in the Patent Register and grant to a third party, without prior con-
it is published in the Industrial Property sent of the patentee, a licence for ex-
Bulletin. ploitation of the patent in case that the
following prerequisites concur accumu-
2. The joint owners of a patent may as- latively:
sign, each one separately, following
written agreement, their share of the pa- a. A period of three years has elapsed
tent. The same applies to the right in since the grant of the patent or a period
common for granting a patent. of four years has elapsed since the filing
date of the patent application;
3. The patentee may grant to a third par-
ty, following written agreement, a li- b. The relevant invention has not been
cence for exploitation of the patent. In exploited in Greece or, in case it has,
case of a licence for a joint patent, the the production of the products thereof is
agreement of all the patentees is re- insufficient to cover local demand;
quired.
c. The third party is in a position to ex-
4. Unless otherwise agreed, the licence ploit productively the invention covered
is neither exclusive nor assignable nor by the patent;
inheritable.
d. The third party notified the patentee,
5. The patentee may at any time state one month prior to the initiation of the
to the Industrial Property Organisation judicial proceedings, regarding his inten-
his consent to the grant of licences with tion to request a non-contractual li-
or without exclusivity, against compen- cence.
sation.
2. The non-contractual licence shall not
The statement shall be valid for a period be granted in case the patentee justifies
of two years, shall be recorded in the lack of exploitation or insufficient exploi-
Patents Register, and published in the tation in the country. The importation of
Industrial Property Bulletin; the appro- the product does not constitute an ex-
priate note shall be written on the pa- cuse for the invocation and application
tent. of this paragraph. The regulation of
item 1 above shall not apply to products
6. In the case of paragraph 5, for the imported from Member States of the Eu-
period of time only for which the state-
23
ropean Union and the Member States of month form the date the relevant petition
the World Trade Organization [1]. is filed and is not binding for the compe-
tent court. Copy of the application for
3. The grant of a non-contractual licence granting a non-contractual licence along
may not exclude other contractual or with the relevant opinion of OBI and the
non-contractual licences. The non- note fixing the day of the trial shall be
contractual licence may be assigned on- notified to the owner of the patent and to
ly along with the part of the enterprise the beneficiaries of other contractual or
which exploits the invention. non-contractual licences.
4. The owner of the patent may request 6. In case the petition is approved, the
from the competent court mentioned in competent court grants a non-
paragraph 10 the grant of a non- contractual licence. The licence per-
contractual licence on an earlier patent, tains to the extent of the exploitation
provided that his invention relates to the rights of the invention, the duration of its
invention of the earlier patent, the pro- validity, the date of commencement of
ductive exploitation of said invention is the productive exploitation of the inven-
not possible without offending the rights tion in Greece and the amount and
of the owners of the earlier patent and terms of compensation to be paid to the
his invention constitutes a significant patentee by the beneficiary of the li-
progress in comparison with the inven- cence.
tion of the prior patent. When the
aforementioned non-contractual licence The amount and the terms of the com-
has been granted, the owner of the ear- pensation are determined in accordance
lier patent may request the granting of a with the extent of the industrial exploita-
non-contractual licence for the subse- tion of the protected invention.
quent invention.
7. The decision of the court in accord-
5. The non-contractual licence shall be ance with paragraph 6 shall be recorded
granted following petition of the interest- to the Patents Register of OBI, pub-
ed party before the competent court lished in the Industrial Property Bulletin
mentioned in paragraph 10. and notified to the persons mentioned in
paragraph 5.
The petition is accompanied by the opin-
ion of the Industrial Property Organisa- 8. Following petition of the owner of the
tion regarding the existence of the pre- patent or the beneficiary of the non-
requisites for granting the non- contractual licence, the competent court
contractual licence in accordance with mentioned in paragraph 10 may amend
the preceding paragraphs, the amount, the terms of granting of the licence if
the terms of the compensation to be new data justify the amendment or re-
given to the owner of the patent, and the voke the non-contractual licence if its
exclusive or non exclusive character of beneficiary does not respect the terms
the exploitation of the invention. The of the licence or if the prerequisites for
Industrial Property Organisation states its granting have ceased existing. If the
its opinion following petition of the party immediate revocation brings about a
interested in exploiting the patent. The significant damage to the beneficiary of
opinion of OBI is granted within one the non-contractual licence, the court
may allow the continuation of the exploi-
1
Item 3 of paragraph 2 of Article 13 is cited as re- tation for a reasonable period of time.
placed by Article 2 of Presidential Decree No.
54/1992 and Article 9 par. 4 of Law No. 2359/1995
24
9. The non-contractual licence does not CHAPTER FIVE
grant the right for importation of the
products covered by the invention. NULLIFICATION - FORFEITURE -
PROTECTION
10. The competent court for the grant,
assignment, amendment or revocation Article 15
of a non-contractual licence is the three Nullification
member court of first instance at the
place of residence of the petitioner, 1. The patent shall be declared null by
which judges in accordance with the Court decision if:
proceeding of article 741 to 781 of the
Code of Civil Procedure Law. a. The owner of the patent is not the in-
ventor or his assignee or beneficiary ac-
Article 14 cording to article 6, paragraph 4, 5 and
Licence to the Public Sector 6;
1. For imperative reason of serving pub- b. The invention is not patentable in ac-
lic health and national defence after jus- cordance with article 5;
tified decision of the Minister of Industry,
Energy, and Technology and, according c. The description attached to the patent
to the case, any competent Ministers, a is insufficient for the invention to be car-
licence for exploitation of an invention ried out by a person skilled in the art;
can be granted to bodies of the public
sector which may exploit the invention in d. The subject matter of the granted pa-
Greece, provided that the relevant in- tent extends beyond the content of the
vention has not been productively ex- protection, as requested in the applica-
ploited in Greece or the production of tion.
the products thereof is insufficient to
cover local needs. 2. The persons mentioned in passage
(a) paragraph 1 are entitled to bring ac-
2. Prior to the issue of the relevant de- tion against the owner in the case of
cision, the patentee and anyone who is said passage, whereas in all other cas-
in position to give useful advice, are es action may be brought before the
called upon to express their views. court by whoever has legal interest.
The nullification action shall be brought
3. By the same decision, following the before the competent civil court. Pa-
opinion of OBI, the amount and the tentees who are not residents of Greece
terms of the compensation to the owner bring actions or are sued in the courts of
or the patent are determined. The the capital.
amount of the compensation is deter-
mined in accordance with the extent of 3. If the nullification is brought before
the industrial exploitation of the inven- the court only against part of the inven-
tion. In case of disagreement of the pa- tion, the patent is accordingly restricted.
tentee as regards the amount of the
compensation, the compensation is de- Article 16
termined by the relevant one-member Forfeiture
court of first instance of the jurisdiction,
in the injunction proceedings. 1. Whoever files a statement of waiver
with OBI or whoever does not pay the
25
protection fee in due term, declines from party to infringe the rights provided for
the rights derived form the patent. under the present law (articles 10 and
11 of Directive 2004/ 48/EC). For each
2. OBI issues an act for the forfeiture act of omission contributing to an in-
published in the Industrial Property Bul- fringement, the court may impose a
letin. The forfeiture is valid as from the monetary penalty of up to ten thousand
date of its publication. (10,000.00) Euros in favour of the
rightholder, while in all other cases ar-
3. In case a non-contractual licence or ticle 947 of the Hellenic Code of Civil
a right to the invention has been grant- Procedure shall apply. In establishing
ed, the registration of the waiver further the infringement of the obligation not to
necessitates written consent of the ben- act provided for under the preceding
eficiary of the licence or of the right. clause, the procedure provided for un-
der articles 686 et seq. of the Hellenic
Article 17 Code of Civil Procedure is applied.[1]
Actions before justice by the owner of
the patent - False pretence 2. In case of international infringement
of the patent, its owner who suffered
1. In any case of an infringement or damage is entitled to demand restitution
threatened infringement of a copyright, of the damage or return of the benefits
the holder of such copyright (rightholder) derived from the unfair exploitation of
may request the lifting of the infringe- the invention or the payment of an
ment and its omission in the future. The amount equal to the value of the licence
lifting of the infringement may include, for said exploitation.
on application by the rightholder, indica-
tively and not restrictively, (a) the recall 3. The same rights are granted to the
of the goods that were found to be in- beneficiary of an exclusive licence, to
fringing a right provided for under the whoever has a right on the invention,
present law and, as in appropriate cas- and to whoever has filed a patent appli-
es, materials principally used in the cre- cation. In the latter case the court may
ation or manufacture of these goods postpone the trial procedure of the case
from the channels of commerce, (b) the until said patent has been granted.
definitive removal of these goods and
materials from the channels of com- 4. The aforementioned rights shall be
merce or (c) the destruction of these prescribed after the lapse of five years
goods and materials in accordance with from the date the owner of the patent
paragraph 5. In considering the applica- took knowledge either of the infringe-
tion of the previous clause, the need for ment or of the damage and of whom is
proportionality between the seriousness obliged to give compensation, and defi-
of the infringement and the remedies nitely after the lapse of twenty years
ordered, as well as the interests of third since the infringement took place.
parties, shall be taken into account. The
measures provided for under the second 5. In case of condemnation of the de-
clause are car-ried out at the expense of fendant, the court may order the de-
the infringer, unless particular reasons struction of the products manufactured
are invoked for not doing so. The in violation of the dispositions of the
rightholder may also exercise the rights present law. The court may also, in-
provided for under the first clause of the
present paragraph against intermediar- 1
Paragraph 1 of article 17, Law 1733/87 is cited as
ies whose services are used by a third replaced by paragraph 1, article 53 of Law 3966/2011
(GG A’ 118, 24.05.2011)
26
stead of the destruction, order that the 2. Under the conditions provided for un-
products or a part thereof be rendered der the first clause of the previous para-
to the plaintiff for his total or partial graph, in the case of infringement com-
compensation, upon request of the lat- mitted on a commercial scale, the court
ter. may also order, on application by a par-
ty, the notification of banking, financial
6. If the invention relates to a process or commercial documents in the control
for the manufacture of a product, each of the opposing party. The existence of
product of the same nature is presumed a substantial number of copies, the oth-
to have been manufactured according to er circumstances of the case having
the protected process. been considered, shall be considered to
constitute reasonable evidence of an
7. Whoever places on products or on infringement on a commercial scale. If a
their wrapping, or on any kind of com- party is summoned to produce the doc-
mercial documents destined for the pub- uments provided for under the first
lic or on other relevant means of publi- clause and un-justifiably fails to produce
cising and advertising a false statement such evidence, the claims of the party
that the objects in question are protect- that sought the production or communi-
ed by patent, shall be punished by up to cation of such evidence shall be consid-
one year imprisonment or by fine ered as confessed.
amounting to at least fifty thousand
drachmas or by both penalties. 3. In any case, the court shall ensure
the protection of confidential infor-
Article 17A mation.
(Articles 6 and 8 of Directive
2004/48/EC) 4. In response to a justified request of
Evidence and right of information the party, considered by the court as to
its proportionality, which is filed with the
1. When a party has presented reason- action or and on its own within the con-
ably available evidence sufficient to text of a case concerning an infringe-
support its claims of infringement or ment of rights provided for under the
threat of infringement of the rights pro- present law, the president of the multi-
vided for under this law, and has, in member court or the judge of the single-
substantiating those claims, specified member court, trying pursuant to the
evidence which lies in the control of the proceedings provided for under articles
opposing party, the court may or-der, on 686 et seq. of the Hellenic Code of Civil
application by the party, that such evi- Procedure, may, prior to the hearing of
dence be presented by the opposing the case, order that in-formation on the
party. The existence of a substantial origin and distribution networks of the
number of copies, the other circum- goods or services which infringe a right
stances of the case having been con- provided for un-der this law be provided
sidered, shall be considered to consti- by the infringer. The same may be or-
tute reasonable evidence. If a party is dered against any other person who (a)
summoned to produce the evidence was found in possession of the infring-
provided for under the first clause and ing goods on a commercial scale, (b)
unjustifiably fails to produce such evi- was found to be using the infringing ser-
dence, the claims of the party that vices on a commercial scale, (c) was
sought the production or communication found to be providing on a commercial
of such evidence shall be considered as scale services used in infringing a right
confessed. or (d) was indicated by the person re-
27
ferred to in point (a), (b) or (c) as being Article 17B
involved in the production, manufacture (Articles 7 and 9 of Directive
or distribution of the goods or the pro- 2004/48/EC)
vision of the services. Any party that un- Precautionary evidence and other
justifiably violates an order of the court injunction measures
as provided for under the present para-
graph shall be sentenced to pay, in ad- 1. In case of alleged infringement of a
dition to the legal costs, a monetary right protected under this law, the Single
penalty of up to one hundred thousand - Member Court of First Instance shall
(100,000.00) Euros, which shall be de- order, as an injunction measure, the
posited in a public fund. precautionary seizure of items in the
possession of the alleged infringer that
5. The information referred to in para- constitute means of commitment or
graph 4 shall, as appropriate, comprise product or evidence of the infringement.
(a) the names and addresses of the Instead of precautionary seizure, the
producers, manufacturers, distributors, court may order the detailed description
suppliers and other previous holders of of such items, including the taking of
the goods or services, as well as the in- photographs. In cases provided for un-
tended wholesalers and retailers, (b) in- der the present paragraph, paragraph 1
formation on the quantities produced, of article 687 of the Hellenic Code of
manufactured, delivered, received or or- Civil Procedure shall be applied and, as
dered, as well as the price obtained for appropriate, a provisional order shall be
the goods or services in question. issued pursuant to paragraph 2 of article
691 of the Hellenic Code of Civil Proce-
6. Paragraphs 4 and 5 shall apply with- dure.
out prejudice to other provisions which
(a) grant the rightholder rights to receive 2. The court may issue against the al-
fuller information, (b) govern the use in leged infringer injunction measures in-
civil or criminal proceedings of the in- tended to prevent any imminent in-
formation communicated pursuant to fringement of the rights provided for un-
paragraphs 2 and 3 of this article, (c) der this law or to forbid, on a provisional
govern responsibility for misuse of the basis and subject, where appropriate, to
right of information, or (d) afford an op- a penalty payment provided for under
portunity for refusing to provide infor- article 947 of the Hellenic Code of Civil
mation which would force the person re- Procedure the continuation of the in-
ferred to in paragraph 4 to admit to fringement, for each infringement or
his/her own participation or that of continuation of the infringements of such
his/her close relatives in an infringement rights. In ascertaining that the conditions
of rights provided for under this law or for the activation of the obligation to pay
(e) govern the protection of confidentiali- a monetary penalty have been met, pur-
ty of information sources or the pro- suant to the injunction measure ordered
cessing of personal data. or the relative provision of paragraph 2
of article 691 of the Hellenic Code of
7. If the party responsible to provide in- Civil Procedure, the procedure provided
formation provides inaccurate infor- for by articles 686 et seq. of the Hellenic
mation intentionally or with negligence, Code of Civil Procedure shall apply. The
he/she is liable for damages that were court may make such continuation sub-
caused for this reason. ject to the lodging of guarantees intend-
ed to ensure the compensation of the
rightholder. The court may also order
28
the precautionary seizure or judicial se- 6. The court shall order injunction
questration of the goods suspected of measures or precautionary evidence
infringing rights provided for under this without needing to specify the evidence
law so as to prevent their entry into or proving the infringement or threat of in-
movement within the channels of com- fringement, only to deter-mine such evi-
merce. dence on a category basis.
29
Article 17D Article 17E
(Articles 13, 14 and 15 of Directive (Articles 17 and 19 of Directive
2004/48/EC) 2004/48/EC)
Damages, legal costs and Codes of conduct and
publication of judicial decisions Exchange of information
30
Article 17G
Application on other industrial
property rights
1
Articles 17A, 17B, 17C, 17D, 17E, 17F and 17G are
added as of paragraph 2, article 53, Law 3966/2011
(GG A’ 118,24.05.2011)
31
PART THREE
TECHNICAL INNOVATIONS
Article 19
Meaning - Procedure up to grant CHAPTER TWO
32
4. The procedure for granting state nical contrivances and inventions pro-
awards and/or financial support to in- vided they fall within the scope of the
ventors, persons employed in enterpris- center or institute. Following request of
es and whoever may contribute to the the person concerned, the research
development of technology, to the popu- center or institute may extend the
larisation and propagation of scientific aforementioned leave for a further total
and technical knowledge, as well as to period of three years and with emolu-
the creation of technological places of ments up to twenty-five percent of the
display and museums, shall be gov- regular ones. After the lapse of five
erned by joint decision of the Ministers years, the researcher shall choose ei-
of National Economy, of Finance, and of ther to resign from the center or to return
Industry, Energy, and Technology. to the center as a full-timer. The as-
sessment of the petitions for granting or
5. The research centers or institutes of extending such leave shall be effected
the country may, following request of the by the Administrative Council of the re-
party concerned, grant a leave of up to search center or institute and the grant
two years with salaries not exceeding of the leave or its extension shall be ap-
fifty percent to a researcher of any de- proved by the Minister or Industry, En-
gree who wishes to render industrially ergy, and Technology.
and commercially productive his tech-
PART FOUR
TECHNOLOGY TRANSFER
33
2. The following terms shall be null and 3. Contracts with the following subject
void: shall not be subject to the obligation of
being registered:
a. Terms in patent licences that include
dispositions which are contrary to those a. Isolated use of foreign engineers and
of article 3 of Regulation number technicians for installation and repair of
2349/1984 of the Commission of Euro- factories or machinery;
pean Communities (Official Journal No.
L 219/15) concerning the implementa- b. Advice, drawings or similar provisions
tion of article 85 par. 3 of the EEC Con- usually accompanying machinery or
vention, to classes of agreements relat- equipment, provided that they do not en-
ing to the licence for exploitation of pa- tail any special surcharge for the one
tents; whom they are destined to;
34
party(-ies) having registered the agree- shall be determined by decision of the
ment. The percentage of the deduction Administrative Council of OBI.
PART FIVE
4. The European patent has the same a. The deadline and prerequisites for
effects in Greece as the Greek patent submitting the translation of the applica-
granted by OBI. tion for the grant of a European patent;
5. The proprietor of the European patent b. The deadline and prerequisites for
shall supply OBI with the relevant certi- submitting the translation of the Europe-
fied Greek translation of the text on the an patent;
basis of which the European Patent Of-
fice has granted the European patent or c. The terms for ascertaining the au-
has maintained it with modifications. thenticity of the translation, it possible
revision, and the rights of third parties
6. The European patent is not valid in who, in good faith, are already exploiting
Greece unless the terms of paragraph 5 the patent;
are observed.
35
d. The mode and the prerequisites for g. The prerequisites for representation
filing the European patent application before OBI concerning matters of Euro-
with OBI; pean patents;
PART SIX
36
Article 25 3. As long as the reserve formulated by
Repealed - Transitional Greece in accordance with article 167
Dispositions - Authorisations paragraph 2, passage (a) of the Con-
vention for the European patent shall
1. For patent applications filed prior to remain in force, no patents for pharma-
the entry into force of this law, the dis- ceutical products shall be granted by
positions being in force on the filing date OBI within the meaning of article 2 of
of the application apply with regard to Law No. 1316/1983.
the prerequisites for the granting proce-
dure of the patent. The patents shall be 4. Upon publication of the present Law,
granted by OBI Patents granted on the by decision of the Minister, the staff of
basis of these applications and patents all categories serving at the Patent Sec-
already granted prior to the entry into tion of the Ministry of Industry, Energy,
force of the present law shall be regu- and Technology, may be placed at the
lated by the dispositions of the present disposal of OBI in order to serve its
law, and any possible acquired rights functional needs, in deviation from all
shall be reserved [1]. other relevant dispositions. The period
of their service at OBI shall be regarded
2. Starting the date the present law en- in each case as a period of real service
ters into force, the following shall be re- with the Ministry of Industry, Energy,
pealed: Law No. 2527/1920 “regarding and Technology. In accordance with the
patents”, article 668 of the Civil Code, same decision, the equipment of any
Royal Decree dated 22.11.1920 “regard- nature of the said Section may be trans-
ing execution of Law No. 2527 concern- ferred to OBI.
ing patents”, articles 1 to 12 inclusive of
Law No. 1023/1980 “regarding amend- 5. By presidential decree to be issued
ment and completion of Law No. following recommendation of the Minis-
2527/1920”, case of article 7 of Presi- ters of Commerce and of Industry, En-
dential Decree No. 574/1982 “Re- ergy, and Technology, the competen-
assignment of competencies of the Min- cies of the Directorate of Commercial
istries”, as well as other dispositions and Industrial Property of the Ministry of
contrary to those of the present Law or Commerce for registration and grant of
related to matters governed by the pre- trade marks may be transferred to OBI.
sent. Law No. 4325/1963 “regarding in- ........................................................
ventions concerning the national de-
fence of the country” shall remain in Article 26
force. Wherever Law No. 4325/1963
refers to the Ministry of Commerce it is 1. a. With a presidential decree,
understood as OBI and any references
to Law No. 2527/1920 shall be replaced issued following a proposal of the Minis-
by the corresponding regulations of the ter of Presidency of the Government,
present Law. the Minister of National Economy and
the Minister of Industry, Energy and
1
Technology, it is possible that the legal
Item 3 of par.1 of Article 25 is cited as replaced by
Article 9, par. 2 of law No. 2359/1995. Item 4 of par.1 status of the Industrial Property Organi-
of Article 25 is abolished by article 9, par. 3 of law No. sation (OBI) is converted to a public sta-
2359/1995. The duration of the patents granted pur- tus legal entity and that adjustments are
suant to law 2527/1920 on Patents is extended and
shall remain in force on the 01.01.1969 until the com- made regarding the introduction of per-
pletion of twenty years as of the day of regular filing of sonnel functions, the organisation, the
the application for grant of a patent. Regulations re- operation, the resources, the financial
lated to fees are also applicable to these patents.
37
administration, and, overruling general Article 29
and particular provisions regarding Pub- Entry into force
lic Finances, the disposition of the prop-
erty of the converted legal entity as well The present Law shall enter into force
as any other relevant matter. upon its publication in the Official Jour-
nal of the Government, with the excep-
b. With similar presidential decree mat- tion of the provisions of Parts Two,
ters concerning the service status of Three and Four as well as of Article 25
personnel serving the Industrial Property paragraphs 1 and 2 of this Law, which
Organisation (OBI) are adjusted, during shall enter into force as from 1 January
the conversion period, such as place- 1988.
ment, transfer to the new functions de-
fined, as well as concerning social secu- As from the entry into force of the pre-
rity issues related to such personnel. sent law, the competencies of the Pa-
tent Section of the Ministry of Industry,
2. The application process of the presi- Energy and Technology shall be trans-
dential decree of the paragraph 1, b ferred to OBI.
should be regulated by decision of the
Minister of Industry, Energy and Tech- NOTE:
nology. Paragraphs 6 and 7 of article 25, and
article 27 and 28, do not concern OBI’s
competences and are, therefore, omit-
ted.
38
MINISTERIAL DECISION No. 15928/EFA/1253 (GG 778, B’ of 21.12.1987)
39
prerequisites of article 7, paragraphs 1 tive, on the same day, by facsimile (fax)
and 2 of Law No. 1733/1987. The de- or other means [1].
scription, the claims and the abstract
may be filed either in Greek, or in Eng- Article 5
lish, in French or in German. In the Description of the Invention
second case the translation shall be
provided within four months as provided 1. The description of the invention shall
by article 7, paragraph 9 of Law No. first state the title of the invention men-
1733/1987. According to article 7, par- tioned in the patent application.
agraph 2 of Law No. 1733/1987, the ap-
plicant may also provide any eventual 2. The description shall:
explanation if necessary within the said
period. a. Determine the technical field to which
the invention relates.
2. OBI provides the application form for
the completion of the prerequisites of b. Indicate the state of the previous art
the relevant subject matter of the appli- which according to the applicant’s opin-
cation for the grant of patents or utility ion, can be regarded as useful for un-
model certificates. The form and the derstanding the invention. Eventual
content of these application forms are documents reflecting the state of the
determined by decision of the Adminis- previous art may be noted in the de-
trative Council of OBI. scription.
4. The filing of the patent application d. present the advantages of the inven-
and of all necessary (accompanying) tion, if any, in relation to the previous
documents and elements according to state of the art.
the provisions of the law, may be also
effected by facsimile (fax) transmission. e. Briefly describe the figures in the
In the case where use of the facsimile drawings, if any.
(fax) transmission is made, all docu-
ments transmitted must be clean and f. Define in details one way at least of
completely legible; the originals, duly carrying out the invention claimed using
signed by the applicant, must reach OBI examples.
within ten (10) working days from the
day of the respective facsimile (fax) re- g. Explicitly clarify the way in which the
ception by OBI. Should the above con- invention can be applied in industry.
ditions are met, the day of reception by
facsimile (fax) of the application and rest Article 6
documents by the responsible service of Claims of invention
OBI is considered as the filing date.
Reception of the facsimile (fax) by OBI 1. The claims of the invention define the
is proved by a receipt which is sent by extent and the content of the required
OBI to the applicant or his representa-
1
Paragraph 4 of Article 4 as replaced by Article 1 par.
2 of Ministerial Decision 3111/EFA/433
40
protection based on the technical fea- b. A main claim for the method, a main
tures of the invention. claim for a mechanism or means specif-
ically designed for carrying out the
2. Wherever appropriate the claims method, or
shall contain:
c. A main claim for a product, a main
a. A statement indicating the designa- claim for the method for the production
tion of the subject matter of the inven- and a main claim for a mechanism or
tion, and those technical features which means for carrying out the method.
are necessary for the definition of the
subject matter and which in combination Article 7
are part of the state of the art. Abstract of the invention
b. A characteristic part stating the tech- 1. The abstract shall indicate the title of
nical features of the invention which, in the invention and contain a brief men-
combination with sub - paragraph (a) tion of the information stated in the de-
determine the required protection. scription, in the claims and in the draw-
ings. In particular, it contains:
3. The patent application shall contain
one at least or more claims. If there are a. The definition of the technical field to
more than one claims, they shall be which the invention relates thus facilitat-
numbered consecutively in arabic nu- ing its classification.
merals.
b. Reference to the way of solving the
4. The claim referring to the main fea- technical problem of the invention con-
tures of an invention (main claim) may cerned.
be followed by another or other particu-
lar claims containing all the features of c. The principal use or uses of the in-
other claims (dependent claims). vention.
41
shall not contain frames around the Article 9
used surface. Presentation of the documents of the
application
2. The minimum margins around the
drawing shall be as follows: 1. The documents of the application
form of the patent or the utility model
a. Top: 2,5 cm certificate shall be susceptible to repro-
b. Left side: 2,5 cm duction by photography, electrostatic
c. Rights side: 1,5 cm processes, photo offset, and micro-
d. Bottom: 1,0 cm filming to an unlimited number of cop-
ies. The sheets shall be free from
3. The drawings shall be subject to the cracks, creases, and folds. Only one
following limitations: side of the sheet shall be used.
42
numbered in sets of five. The numbers Article 11
shall be noted on the left side to the Utility model certificate application
right of the left margin.
1. The dispositions of the present deci-
7. All documents shall be typed or sion, with the exception of article 10, are
printed. Only graphic symbols and applied also to the utility model certifi-
chemical or mathematical formula may cate applications.
be written by hand. The characters
shall be in dark colour. 2. The utility model application or the
declaration for the conversion of a pa-
8. Units of measures shall be expressed tent application to utility model applica-
in terms of the metric system. Tempera- tion is recorded in the application Regis-
tures shall be expressed in Celsius de- ter Book with the indication “Utility Model
grees. For the other physical values the Certificate Applications”.
units recognised in international practice
shall be used. Article 12
Practice details
9. The terminology and the signs of the
application shall be consistent. Regulations on keeping the Register
Books and on other formal procedures
10. The sheets shall be free from eras- for the filing of the patent or utility model
ures, overwriting and interlineations. applications are set by decision of the
Administrative Council of OBI.
43
MINISTERIAL DECISION No 5326/EFA/485 (GG 247, B’ of 27.04.1988)
a. Full name or name of legal entity and The present decision shall enter into
complete address of the technology re- force upon its publication in the Official
cipient. Journal of the Government.
The present decision shall be published
b. Full name or name of legal entity and in the Official Journal of the Govern-
complete address of the supplier. ment.
44
PRESIDENTIAL DECREE No 77/1988 (GG 33, A’ of 25.02.1988)
1. The provisions of article 23, para- The present Presidential Decree shall
graph 10 of Law No. 1733/1987 on be applied for applications for the grant
“Technology transfer, inventions, tech- of European patents and for European
nological innovation, and establishment patents causing legal effects within the
of an Atomic Energy Committee” (GG territory of Greece.
171, A’).
Article 2
2. The provisions of Law No. 1558/1985 Definitions
“Government and Governing Bodies
(GG 13, A’). For the application of the present Presi-
dential Decree, the following terms shall
3. The opinion No. 771/1987 of the have the meanings provided for herein
Council of State, issued after a proposal below:
by the Minister of Industry, Energy, and a. ‘OBI’ means the Industrial Property
Technology, we decide on the follow- Organisation, which has its regis-
ing:[1] tered offices in Athens (article 1 of
Law 1733/1987).
b. ‘Convention’ means the Convention
CHAPTER ONE on the Grant of European Patents
that was ratified by Greece with Law
1
The following has been inserted as of the 1607/1986 (Government Gazette A’
PD/46/23.04.2012 (GG A’ 95): 85).
“2.The provisions of paragraph 1 of article 8 of
Presidential Decree 189/2009 on the ‘Definition c. ‘Revision Act’ means the Act revising
and re-distribution of the competencies of Minis- the Convention on the Grant of Eu-
ters’ (GG A’ 221), as it was replaced with article ropean Patents (European Patent
4 of Presidential Decree 24/2010 on the ‘Re- Convention of 5 October 1973, which
definition of the competencies of Ministers and
amendments of Presidential Decree 189/2009'
was amended on 17 December
(GG A’ 56), 1991) of 29 November 2000 that was
3.The provisions of article 90 of the Code on ratified by Greece with Law
Government and Government Bodies that was 3396/2005 (Government Gazette A’
ratified with the first article of Presidential De- 246).
cree 63/2005 (GG A’ 98),
4.Presidential Decree 22/2012 on the ‘Appoint- d. ‘EPO’ means the European Patent
ment of Ministers and Deputy Ministers’ (GG A’ Organisation as it is defined in the
47), Convention, as said convention was
5.The fact that the provisions of the present amended with the Revision Act.
Presidential Decree do not burden the federal
budget, e. ‘EPO’ means the European Patent
6.Opinion Nos 236/2009 and 261/2011 of the Office as it is defined in the Conven-
Council of State with a proposal of the Minister tion, as said convention was amend-
of Education, Lifelong Learning and Religious
Affairs.
ed with the Revision Act.
45
f. ‘European application’ means an ap- fices in Greece, as well as Greek citi-
plication for the grant of a European zens who reside abroad, and file certain
patent. documents with the EPO in Greek are
g. ‘Bulletin’ means the Industrial Prop- entitled to a refund of the fees that are
erty Bulletin that is issued by the OBI due pursuant to the provisions of the
(article 4 of Law 1733/1987). Convention, as said convention was
amended with the Revision Act.”[2]
h. ‘Certified translation’ means the
translation that was done by a lawyer
or authority that has the right to ratify Article 5
translations.”[1] Documents of the Application
46
World Trade Organisation. ly from the respective Book for national
applications. The numbering of the
pages of the Book begins on the first
2. In application of articles 1 and 3 of
day of each year and the numbering of
the Agreement on Trade-Related As-
the applications received by OBI follows
pects of Intellectual Property Rights that
the practice of EPO, in accordance with
is contained in Law 2290/1995 on the
article 6 of the present presidential de-
‘Ratification of the final act concerning
cree.
the results of the multilateral commercial
negotiations carried out in the frame-
work of the Uruguay Round’ (Govern- Article 8
ment Gazette A’ 28), paragraph 1 of the Forwarding of the European
present article, for reasons of reciprocity applications to the EPO
and equal treatment, also applies in the
case the priority right is invoked during Following the deadlines of articles 3 and
the procedure for the filing of applica- 4 of Law No. 4325/1963 “Regarding in-
tions for the grant of a patent or utility ventions concerning the national de-
model with the OBI pursuant to Law fence of the country”, OBI forwards
1733/1987.[1] without delay the European patents to
the EPO.
Article 6
Receiving of the application CHAPTER THREE
47
3. The translation and the documents opposition, limitation or revocation pro-
that are attached thereto shall be ac- ceedings before the EPO.[2]
cepted by the OBI provided they meet
the typical conditions of presentation of Article 11
designs and documents of articles 8 and Translation of the European patent
9 of decision No. 15928/ΕFΑ/ 1253/
24.12.1987 of the Minister of Industry, 1. Within three months from the publica-
Energy and Technology on the ‘Filing of tion in the European Patent Bulletin of
applications for the grant of a patent or the mention of the grant of the European
utility model certificates with the OBI and patent or of the decision for its mainte-
keeping of record books’ (GG A’ 778).[1] nance in force under modified form after
examination of the relevant opposition,
4. The translation of the European ap- the patentee must file with OBI the certi-
plication claims is recorded in the Regis- fied translation of the text that the EPO
ter Book indicated Volume B’, Part B’ has been based on, in order to grant the
“European Application Translations”. European patent or to maintain it under
The numbering of the pages starts on its modified form.
the first day of each year.
2. The European patent shall be
5. After the publication date, information deemed automatically invalid in Greece,
or copies of the translation and the ac- if the term set in paragraph 1 expires.
companying documents are available for
consultation. Article 12
Filing of the translation of the
Article 10 European patent
Translation of European patents where
Greece is designated 1. The translation of a European patent
must be filed with OBI in duplicate and
The applicant of the European applica- be accompanied by the fee payment re-
tion is beneficiary of the provisional pro- ceipt. In case of failure to pay the fee,
tection in accordance with article 23 (2), OBI does not publish the mention of fil-
Law No. 1733/1987 from the date the ing the translation of the European pa-
certified translation of the claims was tent.
field with OBI As filing date is meant the
date of publication of the relevant men- 2. The translation and the documents
tion in the Bulletin. that are attached thereto shall be ac-
cepted by the O.B.I provided they meet
Article 10a the typical conditions of presentation of
Limitation or revocation of the designs and documents of articles 8 and
provisional protection 9 of decision No. 15928/ΕFΑ/1253/
24.12.1987 of the Minister of Industry,
The provisional protection that is provid- Energy and Technology.”[3]
ed for under article 10 of the present
Presidential Decree does not produce 3. The translation must be accompanied
results if the European patent has been by the European application number,
revoked or limited in accordance with 2
Article 10a is inserted by article 6 of the
PD/46/23.04.2012 (GG A’ 95).
1 3
Paragraph 3 of article 9 of the PD/77/1988 is Par. 2 of article 12 of the PD/77/1988 is re-
replaced by article 5 of the PD/46/23.04.2012 placed by article 7 of the PD/46/23.04.2012 (GG
(GG A’ 95). A’ 95).
48
the name, and the address of the appli- 4. For the filing of the translation provid-
cant and the number of the publication ed for under paragraph 1 of the present
of the mention of grant of the European article with the OBI, as well as for the
patent. In case that the EPO maintains publication of said translation in the Bul-
the European patent as modified after letin, the provisions of articles 12 and 13
the examination of the respective oppo- of the present Presidential Decree, re-
sition, the modified translated text is at- spectively, shall apply.
tached to the initial translation. 5. For the authenticity of the text provid-
ed for under paragraph 1 of the present
4. Two copies of the drawings in the Eu- article, articles 14 and 15 of the present
ropean patent specification must be Presidential Decree shall apply.
supplied with the translation, even if
these contain no textual matter requiring 6. If an act for forfeiture is published,
translation. Moreover, two copies of the pursuant to article 16 of Law 1733/1987,
patent abstract translated into Greek prior to the date of publication of the an-
must be also supplied. nouncement of the decision on the limi-
tation or revocation of a European pa-
tent in the European Patent Bulletin, the
OBI shall record ex officio the an-
Article 12a nouncement of the decision of the EPO
Filing of a translation of a text for on the limitation or revocation of the Eu-
limitation or revocation of a ropean patent in the Register of Patents,
European patent Volume B’, with the indication ‘Europe-
an’. Particulars of this announcement
are published in the Bulletin.
1. Within three (3) months of the date of
publication of the announcement of the 7. The decision on the limitation or rev-
decision on the limitation or revocation ocation of a European patent enters into
of a European patent in the European effect from the date of publication of the
Patent Bulletin, the proprietor of the Eu- announcement of the decision in the Eu-
ropean patent is required to file the certi- ropean Patent Bulletin.
fied translation of the text on the basis of 8. The European patent is deemed as
which the EPO limited or revoked the not having ab initio the rights, in part or
European patent designating Greece in whole, provided for under article 64 of
with the OBI the Convention, as said convention was
2. If the deadline set out in paragraph 1 amended with the Revision Act, if for
of the present article lapses without ef- said patent a decision for limitation or
fect, the European patent is deemed to revocation has been published pursuant
be void ab initio within the territory of to paragraph 7 of the present article.
Greece. 9. In all other cases, the provisions pro-
3. The translation provided for under vided for hereunder shall apply.1
paragraph 1 of the present article is filed
with the OBI only if the European patent
has effect in Greece, in application of
paragraph 4 of article 23 of Law
1733/1987 and article 11 of the present
Presidential Decree, and an act for for-
feiture has not been published, pursuant 1
to article 16 of Law 1733/1987. Article 12a is inserted by article 8 of the
PD/46/23.04.2012 (GG A’ 95).
49
Article 13 in Greek for any procedure before the
Publication of the translation of the Hellenic authorities. Actions of nullifica-
European patent tion are exempt therefrom.
50
force in Greece is due to OBI for the paid in the case of late payment are
year following the publication in the Eu- paid in accordance with the last clause
ropean Patent Bulletin of the mention of of paragraph 2 of article 24 of Law
the grant of the European patent. The 1733/1987.
calculation of the years starts from the 3. The OBI shall record in the Register
date of filing of the European applica- of Patents, Volume B’, with the indica-
tion. tion ‘European’, the announcement of
the decision of the EPO on the rein-
3. In case that article 16 of Law No. statement of the European patent. Par-
1733/1987 is applied, the loss of rights ticulars of this announcement are pub-
is published in the Bulletin and regis- lished in the Bulletin.[1]
tered in the common Patent Register,
Volume B’, “European Patents”.
Article 19
Article 18 Representation
Fees
1. For the application of this presidential
The amount of fees payable to OBI for decree, the right of appearing in person
the translation of the European applica- of filing documents with OBI is given
tion or the European patent is deter- solely to the beneficiary of a European
mined by decision of the Administrative application or European patent or a rep-
Council of OBI in accordance with article resentative lawyer.
24 (6) of Law No. 1733/1987.
2. The right of filing of an application for
the grant of European patents with OBI
Article 18a is also acknowledged to the professional
Retroactive payment of annual fees representatives in accordance with arti-
cles 133 and 134 of the Convention.
1. In the case of acceptance by the En-
larged Board of Appeal of the European 3. Any beneficiary with neither residence
Patent Office of a petition for review of a nor seat in Greece must nominate a
prior decision of the Board of Appeal of domestic representative.
the party adversely affected pursuant to
article 112a of the Convention, as said
article was completed with paragraph 55
of article 1 of the Revision Act, and rein- CHAPTER SIX
statement of a revoked European patent
with a subsequent decision of the Board CONVERSION -
of Appeal of the EPO, the annual fees of CUMULATIVE PROTECTION
the previous years of protection that are
due, together with the surcharges pro- Article 20
vided for under the law, shall be paid to Circumstances for conversion
the OBI.
2. The above fees shall be paid in ac- The beneficiary of a European applica-
cordance with the terms and procedure tion may request in writing the conver-
provided for under sub-paragraph (g) of sion of the European application into a
paragraph 10 of article 2 and article 24 national patent application. This con-
of Law 1733/1987 and the amounts that
1
correspond to those amounts that are Article 18a is inserted by article 9 of the
PD/46/23.04.2012 (GG A’ 95).
51
version is allowed when the European 3. Requests for conversion are entered
application is deemed withdrawn for one in the Records Book, Volume A’, “Na-
of the following reasons: tional application”.
1. The request for the conversion in ac- 2. Later nullification or cease of force of
cordance with article 20 of this presiden- the European patent does not affect the
tial decree must be filed with OBI in du- application of paragraph 1.
plicate within an exclusive deadline of
three months from the date that the 3. The Greek Courts are competent to
EPO notified the applicant that the ap- ascertain the cease of force of the
plication has been deemed withdrawn. Greek patent.
Articles 135 and 137 of the Convention,
as said articles were amended with par-
agraphs 72 and 74, respectively, of arti- CHAPTER SEVEN
cle 1 of the Revision Act, apply accord-
ingly.[2] REGISTER - FINAL REGULATIONS
52
ed with paragraph 65 of article 1 of the Article 24
Revision Act.[1] Entry into Force
2. The Register shall include only those The presidential decree shall enter into
European patents which have been pub- force on the date of its publication in the
lished in the European Patent Bulletin, Official Journal of the Government.
are in-force in Greece and for which the
procedure of articles 11 and 12 of the The publication and execution of this
present decree has been respected. decree shall be accomplished by the
Minister of Industry, Energy and Tech-
3. European patents recorded in the Pa- nology.[3]
tent Register shall be published in the
Industrial Property Bulletin.
Article 23a
Confirmation of registration in
the Register
53
PRESIDENTIAL DECREE No 16/1991
HEREBY DECIDES:
CHAPTER TWO
54
3. An international application may be 2. The international application shall
also filed through a registered letter up- have attached thereto the drawings to
on receipt as provided for in Article 4, which refer the claims or the description,
paragraph 3 of the Minister’s Decision the title of the invention, the abstract
No. 15928/ EFA/ 1253 on the filing of and the documents of legitimation of the
national applications. applicant in the case of a legal person or
in the case of a natural person if he is
Article 4 not the inventor.
Language of the Application
3. The particulars of the international
1. Any international application must be application must be completed on a
filed in one of the working languages of printed form furnished by the OBI free of
the EPO as the authority competent for charge to the applicant(s). The form is
the international searching pursuant to accompanied by a check list stating the
Article 16 and Rule 12 of the Treaty and item(s) contained in the application.
Article 12 of this Decree. The working The check list shall be completed either
languages of the EPO are English, by the applicant himself or by the OBI in
French, and German. accordance with Rule 3, paragraph 3 of
the Treaty.
2. If the application must be filed with
the OBI pursuant to Article 3, paragraph 4. The international application and the
2 of this Decree, the international appli- documents contained therein must meet
cation must be also filed in Greek. the physical requirements pursuant to
Rule 11 of the Treaty.
Article 5
Contents of the Application 5. The international application and the
documents referred to in the check list,
1. The international application shall except the receipt for the fees paid, shall
contain at least the elements defined in be filed in three copies of which the one
Article 11, paragraph 1, iii of the Treaty, shall be the record copy. If the copies
namely: are less than those required, they are
completed ex officio by the OBI.
a. an indication that the application is
intended as an international application, Article 6
Designation of Inventor
b. the designation of at least one Con-
tracting State, The provisions concerning the national
applications for the grant of a patent
c. the name or the corporate name, the shall apply to the designation of inven-
nationality, and the home or seat ad- tor.
dress of the applicant in a way that his
identity may be established, Article 7
Receipt for International Application
d. a part which on the face of it appears
to be a description, 1. The formalities officer of the OBI
shall receive the application intended as
e. a part which on the face of it appears an international, shall write down on it
to be a claim or claims. and on any accompanying document
the filing date and the international ap-
plication serial number provided by the
55
World Intellectual Property Organization thereafter be considered the true copy
(WIPO) and shall issue a receipt for the of the international application.
enclosed documents.
Article 9
2. The receipt for documents contains Registration of the
the application number, the accompany- International Application
ing items and the date of receipt. A
signed copy of the check list referred to The international application shall be
in Rule 3, paragraph 3 of the Treaty recorded in the Patents Register as pre-
shall be good as a receipt for an interna- scribed in the national legislation and
tional application. the rules concerning the secrecy of the
national patents.
Article 8
Filing date of the Article 10
International Application Transmittal of the
International Application
1. The OBI shall accord a filing date to
the international application provided Following expiry of the deadlines set out
that it has found that the following re- by Articles 3 and 4 of Law 4325/1963 on
quirements are met on a cumulative ba- “inventions concerning the national de-
sis: fence” and provided that the internation-
al application shall have been deemed
a. the applicant does not lack, for rea- to be of no interest to the national de-
sons of residence or nationality, the right fence of the country, the OBI shall im-
to file an international application with mediately transmit:
the OBI.
a. the record copy of the international
b. the international application is in the application and the accompanying doc-
languages prescribed in Article 4, para- uments to the WIPO.
graphs 1 and 2 of this Decree.
b. a copy of the international application
c. the international application contains and the accompanying documents to
the elements prescribed in Article 5, the EPO as the Searching Authority.
paragraph 1 of this Decree.
c. a communication to the applicant in-
2. If the OBI finds that the requirements forming him of the filing date accorded
listed in the above paragraph are ful- by the OBI for the international applica-
filled at the time of receipt, the OBI shall tion.
accord as the international filing date the
date of receipt. Article 11
Correction of Defects in the
3. If the international application fulfils International Application
the requirements listed in paragraph 1 of
this Article, the formalities officer of the 1. If the OBI finds that:
OBI shall mark the margin of the appli-
cations form with the seal of the Organi- a. the accompanying documents of the
zation and shall write down the words international application referred to in
“PCT International Application”. The so- Article 5, paragraph 2 of this Decree are
sealed copy of the application shall not completed, or
56
b. the international application is not CHAPTER THREE
signed, or
DESIGNATION OF GREECE -
c. the documents of the application do TRANSLATIONS
not comply with the prescriptions of Rule
11 of the Treaty, or Article 12
Designation of Greece
d. the name of the applicant or the ref-
erence to his address clearly state his 1. If the international application con-
identity but are not complete, invites the tains a designation of Greece as a Con-
applicant to correct the application with- tracting State of the PCT and protection
in a month from the invitation date. If is sought in its territory, this application
the completion is made within the pre- shall be considered as a European Pa-
scribed time limit, the international filing tent application intended for protection
date shall be the date accorded under in Greece.
Article 8, paragraph 2 of this Decree.
Otherwise, the application shall be con- 2. Following its transmittal to the EPO,
sidered withdrawn and the OBI shall ac- the international application with desig-
cordingly notify the applicant, the WIPO, nation of Greece shall be subjected to
and the EPO. the provisions of Law No. 1607/1986 on
the “ratification of the European Patent
2. If the international application refers Convention” (Official Journal - GG 85 A’)
to drawings which, in fact, are not in- and of the Presidential Decree No.
cluded in that application, the OBI shall 77/1988 “implementing regulations on
notify the applicant accordingly and he the grant of European Patents” (Official
may furnish them within 30 days from Journal - GG 33 A’).
the date of receipt of the application
and, if he does, the international filing Article 13
date shall be the date on which the Filing of the Translation
drawings are received by the OBI. Oth-
erwise, any reference to the said draw- The filing of the translation of the claims
ings shall be considered non-existent. of the international application and the
manner of claiming shall be subjected to
3. If the requirements listed in para- the provisions of Article 9 of the Presi-
graph 1 above are not complied with, dential Decree No. 77/1988 “implement-
the OBI invites the applicant to correct ing regulations on the grant of European
and complete the application within 30 Patents”.
days from the invitation for correction
and, if he does within the prescribed Article 14
time limit, the filing date shall be the Provisional Protection
date of receipt of the corrections by the
OBI. Otherwise, the international appli- Whoever avails themselves of the rights
cation shall be considered to be with- deriving from the international applica-
drawn and the applicant is so notified. tion they shall be entitled to the provi-
sional protection pursuant to Article 23,
paragraph 2 of Law No. 1733/1987 as of
the date of filing of the certified transla-
tion with the OBI. The publication date
of the international application shall be
57
the date of publication of the mention in WIPO within the time limit prescribed by
the Industrial Property Bulletin. Rule 22, paragraph 3 of the Treaty.
58
where the application contains a priority 2. Where, by the time they are due, the
claim. fees under Article 16 of this Decree are
not paid within the prescribed time limit,
5. The international fee shall be refund- the OBI shall notify the competent ser-
ed in full to the applicant only if the OBI vice of the International Bureau, shall
establishes the opinion that the provi- charge the amount required, and shall
sions of Article 8 of this Decree are not consider the said amount as if it had
met and the international application is been paid by the applicant at the due
deemed to be withdrawn. time under Rule 16a of the Treaty.
Article 19 Article 21
Fees for the benefit of the EPO Representation
(The Search Fee)
1. The right to appearing in person or
1. For each international application a filing documents with the OBI shall be
search fee for the benefit of the EPO conferred to the appointed beneficiaries
shall be paid to the OBI of the international application or to their
representative lawyer.
2. The international fee is paid to the
OBI in Greek drachmas in the equiva- 2. If the beneficiary of an international
lent of the amount in German currency application has no residence or seat in
as established by the EPO after consul- Greece, he shall appoint an agent.
tation with the WIPO.
CHAPTER FIVE
3. The search fee shall be paid to the
OBI within one month from the date of FINAL PROVISIONS
receipt of the international application.
Article 22
Article 20 Entry into Force
Transmittal of Fees
This Decree shall enter into force upon
1. The total of fees collected by the OBI, publication thereof in the Official Journal
either for the benefit of the WIPO or of (GG).
the EPO, are transmitted directly to the
respective accounting departments. The publication and implementation of
this Decree are assigned to the Minister
of Industry, Energy and Technology.
59
PRESIDENTIAL DECREE No 45/1991
4. Having regard to Article 1(2) of Law For the purposes of this Decree:
1733/1987 on the Transfer of Technol-
ogy, Inventions, Technological Innova- a. a “semiconductor product” shall mean
tion and the Creation of an Atomic En- the final or an intermediate form of any
ergy Committee (GG 171, vol. A); product:
60
ii) having one or more other layers Article 3
composed of conducting, insulating or Conditions of protection
semiconducting material, the layers
being arranged in accordance with a 1. The topography of a semiconductor
predetermined three-dimensional pat- product shall be protected in accordance
tern; and with the provisions of this Decree, provid-
ed
iii) intended to perform, exclusively or
together with other functions, an elec- a. it is the result of its creator’s own intel-
tronic function; lectual effort; and
61
Article 5 which have commercial or industrial es-
Co-ownership of a topography tablishment there:
1
Paragraph 2 of Article 5 is abolished by Article 2(a) b. The right referred to in paragraph 1
of PD 415/1995 shall also extend to companies or other
legal persons of a country of the United
2
As amended by Article 2b of PD 415/1995 States of America or of any of the territo-
3
As amended by Article 2b of PD 415/1995
62
ries which are listed in paragraph a. Article 7
and have an effective industrial or Topographies created
commercial establishment in the Unit- by employees
ed States or in one of these territories
subject to the condition that Greek 1. A topography created by an employee
companies which have the right to pro- shall belong to him (free topography) un-
tection under the terms of this Decree less it is either a service topography
benefit from protection in the United which belongs entirely to the employer or
States or in the specific territory and as a dependent topography, of which 40%
long as the fulfilment of this condition is belongs to the employer and 60% to the
ascertained by the Commission of the employee.
Council and is officially stated to the
member – states. 2. A service topography is the product of
a contractual relationship between em-
4. If under the terms of above para- ployee and employer concerning the de-
graphs no right to protection is provid- velopment of intellectual effort.
ed, this right shall also apply in favour
of natural persons who are nationals or In the event of creation of a service to-
residents of a Member State, or in fa- pography, the employee shall be entitled
vour of legal persons who have a real to fair supplementary remuneration, if the
and effective industrial or commercial topography is particularly profitable to the
establishment in such a Member State, employer.
and who
3. A dependent topography is a topogra-
a. first commercially exploit within phy which is created by the employee
Greece or another Member State of with the aid of materials, means or infor-
the Union a topography which has not mation provided by the firm or the legal
yet been exploited commercially any- entity employing him. The employer shall
where in the world; and be entitled to exploit the dependent to-
pography provided he remunerates the
b. have been exclusively authorised to creator, in line with the economic value of
exploit commercially the topography the topography and the resultant profits.
throughout the Union by the persons The creator of a dependent topography
entitled to dispose of it. [1] shall immediately inform the employer in
writing that he has created the topogra-
5. The right to protection referred to in phy and provide the necessary data for
paragraph 1 shall also apply in favour filing a joint application for registration. If
of the successors in title of the persons the employer does not declare in writing
mentioned in paragraphs 1, 2, 3 and 4. to the employee within four months of the
above communication that he is interest-
As regards conditions of representation ed in co-filing the application, this may be
vis-à-vis the OBI and other data, the submitted by the employee alone, in
provisions in force relating to patents which case the topography shall belong
set out in Law No. 1733/1987 and the to the employee alone.
administrative acts in implementation
of this law shall apply. 4. The protection right of paragraphs 2
and 3 is applied only in the case that
there is no contrary regulatory agreement
1
As amended by Article 2(c) PD 415/1995
63
concluded by the employer and em- sive license for a reasonable period, pro-
ployee. [1] vided that they are utilising the topogra-
phy in good faith or had taken the neces-
5. At all events the name of the creator sary precautions for its utilisation. If the
shall be mentioned in the registration parties fail to reach agreement, the condi-
certificate and the creator shall be enti- tions fixed by the Court of First Instance
tled to request protection from the ap- of the claimant’s place of residence, in
plicant or to request recognition as conformity with the procedure laid down
creator from the holder of the certifi- in Articles 741 to 781 of the Code of Civil
cate. Procedure, shall apply.
64
regular, and a date of filing shall be 2. The secrecy referred to in paragraph 1
recorded in the register. is deemed to be withdrawn after a ruling
by the responsible court on parties to dis-
3. The application shall be accompa- putes concerning the validity or infringe-
nied by the following documents: ment of exclusive rights derived from a
protected topography.
a. the drawings or images to which the
description refers Article 11
Additional particulars
b. where relevant, the material repre-
senting the topography 1. Within ten months of the orderly depo-
sition, the depositor shall submit to the
c. the depositor’s documents of legiti- OBI the annexed particulars as described
mation in the case of a legal person or in Article 9(3) of this Decree, in which
in the case of a natural person if he is case the application shall be considered
not the creator. complete.
4. Within a period of two years follow- 2. If, on expiry of this time limit, the OBI
ing the first commercial exploitation of establishes that not all of the particulars
a topography, the creator of the topog- have been submitted, the application
raphy shall submit an application for shall be considered as not filed.
registration of the topography with the
OBI. Otherwise, the application shall Article 12
be deemed to be overdue, no date of Certificate of registration
registration will be granted by the OBI,
nor exclusive rights shall be granted. 1. If the application for registration of a
topography is complete and orderly, in
5. The provisions of Law No. accordance with Articles 9 and 11 of this
1733/1987 on patents shall apply mu- Decree, the OBI shall grant a certificate of
tatis mutandis. registration of a semiconductor product
topography, without determining whether
Article 10 the conditions of Article 3 of this Decree
Secrecy of a topography have been satisfied, at the depositor’s re-
sponsibility.
1. If during registration with the OBI of
the particulars referred to in Article 2. Under reserve of Article 10, on grant-
9(1)(b) and (3)(a) and (b) of this De- ing of the certificate of registration, third
cree the depositor declares that these parties may request information on and
particulars constitute commercial se- copies of the application and additional
crets, the OBI shall attribute the char- particulars concerning the protected to-
acter “secret” and shall keep the par- pography.
ticulars in a special sealed envelope.
The secret particulars shall not be di- 3. The data of the application shall be
vulged or made available to the public. published in the Industrial Property Bulle-
Divulging of secret particulars shall be tin.
punishable under the terms of Article
17 of Law No. 146/1914 on Unfair
Competition (GG 30).
65
CHAPTER FOUR extended to the newly created topogra-
phy.
RIGHTS DERIVING FROM THE
PROTECTED TOPOGRAPHY - 4. The exclusive rights referred to in par-
DURATION OF PROTECTION - agraph 1 shall not apply when the topog-
INHERITANCE AND raphy or the semiconductor product has
AUTHORISATION been put on the market in a Member
OF EXPLOITATION State of the European Union by the per-
son entitled to authorise its marketing or
Article 13 with his consent [1].
Content of the right
5. A person who, commercially exploits a
1. The creator of a protected semicon- semiconductor product or a topography,
ductor product topography shall have does not know, or has no reasonable
the exclusive right to authorise or pro- grounds to believe that the product or the
hibit any of the following acts within the topography are protected by an exclusive
time limit set out in Article 14: right conferred by a Member State in con-
formity with this decision, shall be entitled
a. reproduction of a topography insofar to continue to commercially exploit that
as it is protected under Article 3 of this product.
Decree;
6. The person holding the exclusive right
b. commercial exploitation or the im- may require the payment of adequate
portation for that purpose of a topogra- compensation for acts committed after
phy or a semiconductor product manu- that person exploiting the topography or
factured by using the protected topog- the semiconductor product in accordance
raphy. with paragraph 5 knows, or has reasona-
ble grounds to believe that the semicon-
2. For the purposes of the above par- ductor is so protected.
agraph, the creator of the protected
topography may not prohibit the follow- 7. The court responsible for hearing
ing activities: claims under Paragraph 6 of this Decree
shall be the Extended Court of First In-
a. private reproduction or use of the stance at the plaintiff’s place of residence
topography for non-commercial pur- and shall rule in conformity with the pro-
poses cedure set out in Articles 741 to 781 of
the Code of Civil Procedure.
b. the reproduction of a topography
with a view to analysis, evaluation or Article 14
teaching the concepts, processes, sys- Beginning and end of protection
tems or techniques embodied in the
topography or the topography itself. 1. The exclusive right granted under Arti-
cle 13 of this Decree shall commence on
3. If analysis or evaluation in accord- the day following the day of orderly filing
ance with Paragraph 2(b) of a protect- with the OBI of the application for regis-
ed topography leads to the creation of tration of the topography [1].
another topography which satisfies the
prerequisites of Article 3 of this De-
cree, the exclusive rights deriving from
the protected topography shall not be 1
As amended by article 4 of PD 415/1995
66
2. Whenever the date of first commer- CHAPTER FIVE
cial exploitation of the topography is
later than the date referred to in para- NULLITY - INFRINGEMENT
graph 1, the said exclusive right shall
come into existence on the day follow- Article 16
ing the date of first commercial exploi- Nullity
tation. [1]
The right to the topography shall be de-
3. The exclusive rights referred to in clared null and void by court order if:
Article 13 shall come to an end ten
years from the earlier of the following a. the holder of the certificate of the pro-
dates: tected topography is not the creator or the
transferee or the person entitled in ac-
a. the end of the calendar year during cordance with Article 7
which the topography is first commer-
cially exploited anywhere in the world; b. the topography is not entitled to protec-
tion under Article 3
b. the end of the calendar year during
which the application for registration c. the application for registration of the
has been filed with the OBI topography is submitted after expiry of
the time limit set out in Article 9, para-
4. Where a topography has not been graph 4
commercially exploited anywhere in
the world within a period of 15 years d. the depositor of the application for reg-
from its first fixation or encoding, any istration does not belong to the category
exclusive rights in existence pursuant of persons defined in Article 6.
to paragraph 1 shall come to an end.
Otherwise Article 15(2) and (3) of Law
Article 15 No. 1733/1987 shall apply.
Succession - licenses
Article 17
1. The right to registration of a topog- Action before justice - infringement
raphy and the exclusive rights deriving
from a protected topography may be 1. In any case of an infringement or
transferred through written agreement threatened infringement of exclusive
or through inheritance. Transfer shall rights that emanate from a protected to-
consist of the registration of the pography, the holder of such topography
agreement or the inheritance certificate (rightholder) may request the lifting of the
with the Topographies Register and infringement and its omission in the fu-
shall be published in the Industrial ture. The lifting of the infringement may
Property Bulletin. Paragraphs 2, 3, 4, include, on application by the rightholder,
5 and 6 of law No. 1733/1987 shall ap- indicatively and not restrictively, (a) the
ply mutatis mutandis. recall of the goods that were found to be
infringing a right provided for under the
2. Articles 12, 13 and 14 of Law No. present decree and, as in appropriate
1733/1987 shall also apply to the right cases, materials principally used in the
concerning topography. creation or manufacture of these goods
from the channels of commerce, (b) the
definitive removal of these goods and ma-
terials from the channels of commerce or
67
(c) the destruction of these goods and the same law, are accordingly applied.[2]
materials. In considering the applica-
tion of the previous clause, the need 4. The rights set out in paragraph 2 shall
for proportionality between the seri- also be recognised in respect of any per-
ousness of the infringement and the son who has reason to believe that the
remedies ordered, as well as the inter- topography is protected if a third party re-
ests of third parties, shall be taken into produces, commercially exploits or im-
account. The measures provided for ports it in bad faith.
under the second clause are carried
out at the expense of the infringer, un- Article 18
less particular reasons are invoked for Final provisions
not doing so. The rightholder may also
exercise the rights provided for under 1. The provisions of this Decree shall not
the first clause of the present para- affect the implementation of any other le-
graph against intermediaries whose gal provisions concerning industrial prop-
services are used by a third party to erty.
infringe the rights provided for under
the present law (articles 10 and 11 of 2. Protection of topographies under the
Directive 2004/48/EC). For each act of terms of provisions concerning intellectual
omission contributing to an infringe- property shall not be applicable whenever
ment, the court may impose a mone- the topographies have been created after
tary penalty of up to ten thousand the entry into force of this Decree.
(10,000.00) Euros in favour of the
rightholder, while in all other cases ar- Article 19
ticle 947 of the Hellenic Code of Civil Entry into force
Procedure shall apply. In establishing
the infringement of the obligation not to This Presidential Decree shall enter into
act provided for under the preceding force upon publication in the Government
clause, the procedure provided for un- Gazette.
der articles 686 et seq. of the Hellenic
Code of Civil Procedure is applied.[1] The Minister of Industry, Energy and
Technology shall be responsible for pub-
2. In case of intentional infringement, lishing this Decree.
the plaintiff shall be entitled to demand
restitution of the damage or return of
the benefit deriving from the illicit ex-
ploitation of the protected topography
or payment of a sum corresponding to
the value of the license.
1 2
Paragraph 1 is cited as replaced by par. 3, article Paragraph 3 is cited as replaced by par. 4, article 53
53 of Law 3966/2011 (GG A’ 181, 24.05.2011) of Law 3966/2011 (GG A’ 181, 24.05.2011)
68
COUNCIL REGULATION (EEC) No 1768/1992 of June 18, 1992
THE COUNCIL OF THE EUROPEAN the patent insufficient to cover the in-
COMMUNITIES vestment put into the research;
Having regard to the Treaty establishing Whereas this situation leads to a lack of
the European Economic Community, protection which penalizes pharmaceu-
and in particular Article 100a thereof, tical research;
Having regard to the proposal from the Whereas the current situation is creating
Commission [1], the risk of research centres situated in
the Member States relocating to coun-
In cooperation with the European Par- tries that already offer greater protec-
liament [2], tion;
Having regard to the opinion of the Eco- Whereas a uniform solution at Commu-
nomic and Social Committee [3], nity level should be provided for, there
by preventing the heterogeneous devel-
Whereas pharmaceutical research plays opment of national laws leading to fur-
a decisive role in the continuing im- ther disparities which would be likely to
provement in public health; create obstacles to the free movement
of medicinal products within the Com-
Whereas medicinal products, especially munity and thus directly affect the estab-
those that are the result of long, costly lishment and the functioning of the in-
research will not continue to be devel- ternal market;
oped in the Community and in Europe
unless they are covered by favourable Whereas, therefore, the creation of a
rules that provide for sufficient protec- supplementary protection certificate
tion to encourage such research; granted, under the same conditions, by
each of the Member States at the re-
Whereas at the moment the period that quest of the holder of a national or Eu-
elapses between the filing of an applica- ropean patent relating to a medicinal
tion for a patent for a new medicinal products for which marketing authoriza-
product and authorization to place the tion has been granted in necessary;
medicinal product on the market makes whereas a Regulation is therefore the
the period of effective protection under most appropriate legal instrument;
1
Whereas the duration of the protection
EU No. C 114 of 08.05.1990, p. 10 granted by the certificate should be such
2
EU No. C 19 of 28.01.1991, p. 94 and EU No. C
150 of 18.16.1992 as to provide adequate effective protec-
3
EU No. C 69 of 18.03.1991, p. 22 tion; whereas, for this purpose, the
holder of both a patent and a certificate
* Official English title should be able to enjoy an overall max-
Entry into force: January 2, 1993, see also Article
21 imum of 15 years of exclusivity from the
Source: Official journal of the European Communi- time the medicinal product in question
ties, No. L 182, July 2, 1992, pp 1 et seq. first obtains authorization to be placed
on the market in the Community;
69
Whereas all the interests at stake, in- Article 1
cluding those of public health, in a sec- Definitions
tor as complex and sensitive as the
pharmaceutical sector must neverthe- For the purposes of this Regulation:
less be taken into account; whereas, for
this purpose, the certificate cannot be a. “medicinal product” means any sub-
granted for a period exceeding five stance or combination of substances
years; whereas the protection granted presented for treating or preventing dis-
should furthermore be strictly confined ease in human beings or animals and
to the product which obtained authoriza- any substance or combination of sub-
tion to be placed on the market as a stances which may be administered to
medicinal product; human beings or animals with a view to
making a medical diagnosis or to restor-
Whereas a fair balance should also be ing, correcting or modifying physiologi-
struck with regard to the determination cal functions in humans or in animals;
of the transitional arrangements; where-
as such arrangements should enable b. “product” means the active ingredient
the Community pharmaceutical industry or combination of active ingredients of a
to catch up to some extent with its main medicinal product;
competitors who, for a number of years,
have been covered by laws guarantee- c. “basic patent” means a patent which
ing them more adequate protection, protects a product as defined in (b) as
while making sure that the arrange- such, a process to obtain a product or
ments do not compromise the achieve- an application or a product, and which is
ment of other legitimate objectives both designated by its holder for the purpose
at national and Community level; of the procedure for grant of a certifi-
cate;
Whereas the transitional arrangements
applicable to applications for certificates d. “certificate” means the supplementary
filed and to certificates granted under protection certificate.
national legislation prior to the entry into
force of this Regulation should be de- Article 2
fined; Scope
70
referred to in Article 7 is submitted and Article 6
at the date of that application: Entitlement to the Certificate
71
market in the Community, the number a. the name and address of the appli-
and date of that authorization; cant;
72
the conditions laid down in Article 3(c) tent for a period equal to the period
and (d) are met. which elapsed between the date on
which the application for a basic patent
Article 11 was lodged and the date of the first au-
Publication thorization to place the product on the
market in the Community reduced by a
1. Notification of the fact that a certifi- period of five years.
cate has been granted shall be pub-
lished by the authority referred to in Arti- 2. Notwithstanding paragraph 1, the
cle 9(1). The notification shall contain at duration of the certificate may not ex-
least the following information: ceed five years from the date on which it
takes effect.
a. the name and address of the holder
of the certificate; Article 14
Expiry of the Certificate
b. the number of the basic patent;
The certificate shall lapse:
c. the title of the invention;
a. at the end of the period provided for
d. the number and date of the authoriza- in Article 13;
tion to place the product on the market
referred to in Article 3(b) and the prod- b. if the certificate-holder surrenders it;
uct identified in that authorization;
c. if the annual fee laid down in accord-
e. where relevant, the number and date ance with Article 12 is not paid in time;
of the first authorization to place the
product on the market in the Communi- d. if and as long as the product covered
ty; by the certificate may no longer be
placed on the market following the with-
f. the duration of the certificate. drawal of the appropriate authorization
or authorizations to place on the market
2. Notification of the fact that the appli- in accordance with Directive 65/65/EEC
cation for a certificate has been rejected or Directive 81/851/EEC. The authority
shall be published by the authority re- referred to in Article 9(1) may decide on
ferred to in Article 9(1). The notification the lapse of the certificate either of its
shall contain at least the information own motion or at the request of a third
listed in Article 9(2). party.
Article 12 Article 15
Annual Fees Invalidity of the Certificate
Member States may require that the cer- 1. The certificate shall be invalid if:
tificate be subject to the payment of an-
nual fees. a. it was granted contrary to the provi-
sions of Article 3;
Article 13
Duration of the Certificate b. the basic patent has lapsed before its
lawful term expires;
1. The certificate shall take effect at the
end of the lawful term of the basic pa-
73
c. the basic patent is revoked or limited TRANSITIONAL PROVISIONS
to the extent that the product for which
the certificate was granted would no Article 19
longer be protected by the claims of the
basic patent or, after the basic patent 1. Any product which, on the date on
has expired, grounds for revocation ex- which this Regulation enters into force,
ist which would have justified such revo- is protected by a valid basic patent and
cation or limitation. for which the first authorization to place
it on the market as a medicinal product
2. Any person may submit an applica- in the Community was obtained after
tion or bring an action for a declaration January 1, 1985, may be granted a cer-
of invalidity of the certificate before the tificate.
body responsible under national law for
the revocation of the corresponding In the case of certificates to be granted
basic patent. in Denmark and in Germany, the date of
January 1, 1985, shall be replaced by
Article 16 that of January 1, 1988.
Notification of Lapse or Invalidity
In the case of certificates to be granted
If the certificate lapses in accordance in Belgium and in Italy, the date of Jan-
with Article 14(b), (c) or (d) or is invalid uary 1, 1985, shall be replaced by that
in accordance with Article 15, notifica- of January 1, 1982.
tion thereof shall be published by the
authority referred to in Article 9(1). 2. An application for a certificate as re-
ferred to in paragraph 1 shall be submit-
Article 17 ted within six months of the date on
Appeals which this Regulation enters into force.
74
Article 22 FINAL PROVISION
75
PRESIDENTIAL DECREE No 54/14.02.1992
3. The opinion no. 454/91 of the Coun- This presidential decree shall enter in ef-
cil of State, following a proposal by the fect upon its publication in the Govern-
Ministers for National Economy and for ment’s Gazette.
Industry, Energy and Technology, we
hereby decide: The Minister for Industry, Energy and
Technology is hereby assigned to publish
and execute this Decree.
76
LAW No 2359/1995
“On the Amendment to the government bill on the Hellenic Bank for
Industrial Development (ETVA) and other provisions”
Article 9
3. Article 25.1.4 of Law 1733/1987 on
The following article is added: “Technology Transfer, Inventions and
Technological Innovation” is repealed.
1. The duration of the patents granted
to Law 2527/1920 on Patents is ex- 4. Article 13.2.3 of Law 1733/1987 on
tended and shall remain in force on the “Technology Transfer, Inventions and
01.01.1996 until the completion of Technological Innovation” is amended as
twenty years as of the day of regular follows “The regulation of item 1 above
filing of the application for grant of a shall not apply to products imported from
patent. Regulations related to fees are Member States of the European Union
also applicable to these patents. and Member States of the World Trade
Organization”.
2. Article 25.1.3 of Law 1733/1987 on
“Inventions, Technology Transfer and 5. The present article shall enter into
Technological Innovation” is amended force as of 01.01.1996.
as follows: “Patents granted on the ba-
sis of these applications and patents
already granted prior to the entry into
force of the present law shall be regu-
lated by the dispositions of the present
law and any possible acquired rights
shall be reserved.
disposition
77
LAW No 2417/1996
78
industrial or intellectual property, the de- Article 5
tailed definition of the new character and
individuality of the national design as The present law shall come into force
terms for the protection of the design or from its publication in the Government
specimen, the terms for the granting of a Gazette and of the Convention and
certificate of national protection, the Supplementary Act which are ratified in
terms for protection, the effects of inter- accordance with the provisions of Arti-
national registration in the case of cles 26 and 9, respectively.
Greece, and any other related matter.
We order the publication of the present
law in the Government Gazette and its
execution as a law of the State.
79
REGULATION (EC) No 1610/1996 OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL OF JULY 23, 1996
Having regard to the opinion of the Eco- 5. Whereas at the moment, the period
nomic and Social Committee [2], that elapses between the filing of an ap-
plication for a patent for a new plant pro-
Acting in accordance with the procedure tection product and authorization to
referred to in Article 189b of the Treaty place the said plant protection product
[3], on the market makes the period of effec-
tive protection under the patent insuffi-
1. Whereas research into protection cient to cover the investment put into the
products contributes to the continuing research and to generate the resources
improvement in the production and pro- needed to maintain a high level of re-
curement of plentiful food of good quali- search;
ty at affordable prices;
6. Whereas this situation leads to a lack
2. Whereas plant protection research of protection which penalizes plant pro-
contributes to the continuing improve- tection research and the competitive-
ment in crop production; ness of the sector;
80
general approach and strategy of the 12. Whereas all the interests at
programme presented by the Commis- stake in a sector as complex and sensi-
sion, which stressed the interdepend- tive as plant protection must neverthe-
ence of economic growth and environ- less be taken into account; whereas, for
mental quality; whereas improving pro- this purpose, the certificate cannot be
tection of the environment means main- granted for a period exceeding five
taining the economic competitiveness of years;
industry; whereas, accordingly, the is-
sue of a supplementary protection certif- 13. Whereas the certificate confers
icate can be regarded as a positive the same rights as those conferred by
measure in favour of environmental pro- the basic patent; whereas, consequent-
tection; ly, where the basic patent covers an ac-
tive substance and its various deriva-
9. Whereas a uniform solution at Com- tives (salts and esters), the certificate
munity level should be provided for, confers the same protection;
thereby preventing the heterogeneous
development of national laws leading to 14. Whereas the issue of a certifi-
further disparities which would be likely cate for a product consisting of an active
to hinder the free movement of plant substance does not prejudice the issue
protection products within the Communi- of other certificates for derivatives (salts
ty and trus directly affect the functioning and esters) of the substance, provided
of the internal market; whereas this is in that the derivatives are the subject of
accordance with the principle of subsidi- patents specifically covering them;
arity as defined by Article 3b of the
Treaty; 15. Whereas a fair balance should
also be stuck with regard to the deter-
10. Whereas, therefore, there is a mination of the transitional arrange-
need to create a supplementary protec- ments; whereas such arrangements
tion certificate granted, under the same should enable the Community plant pro-
conditions, by each of the Member tection industry to catch up to some ex-
States at the request of the holder of a tent with its main competitors, while
national or European patent relating to a making sure that the arrangements do
plant protection product for which mar- not compromise the achievement of
keting authorization has been granted is other legitimate objectives concerning
necessary; whereas a Regulation is the agricultural policy and environment
therefore the most appropriate legal in- protection policy pursued at both na-
strument; tional and Community level;
11. Whereas the duration of the pro- 16. Whereas only action at Commu-
tection granted by the certificate should nity level will enable the objective, which
be such as to provide adequate, effec- consists in ensuring adequate protection
tive protection; whereas, for this pur- for innovation in the field of plant protec-
pose, the holder of both a patent and a tion, while guaranteeing the proper func-
certificate should be able to enjoy an tioning of the internal market for plant
overall maximum of fifteen years of ex- protection products, to be attained effec-
clusivity from the time the plant protec- tively;
tion product in question first obtains au-
thorization to be placed on the market in 17. Whereas the detailed rules in
the Community; recitals 12, 13 and 14 and in Articles 3
(2), 4, 8 (1)(c) and 17 (2) of this Regula-
81
tion are also valid, mutatis mutandis, for a. against harmful organisms; or
the interpretation in particular of recital 9
and Article 3, 4, 8 (1)(c) and 17 of b. on plants, parts of plants or plant
Council Regulation (EEC) No. products;
1768/1992,
4. “preparations”: mixtures or solutions
HAVE ADOPTED THIS REGULATION: composed of two or more substances,
of which at least one is an active sub-
Article 1 stance, intended for use as plant protec-
Definitions tion products;
For the purposes of this Regulation, the 5. “plants”: live plants and live parts of
following definitions shall apply: plants, including fresh fruit and seeds;
82
plant protection product, to an adminis- one certificate for this product may be
trative authorization procedure as laid issued to each of these holders.
down in Article 4 of Directive
91/414/EEC [1], or pursuant to an equiv- Article 4
alent provision of national if it is a plant Subject Matter of Protection
protection product in respect of which
the application for authorization was Within the limits of the protection con-
lodged before Directive 91/414/EEC ferred by the basic patent, the protection
was implemented by the Member State conferred by a certificate shall extend
concerned, may, under the terms and only to the product covered by the au-
conditions provided for in this Regula- thorization to place the corresponding
tion, be the subject of a certificate. plant protection product on the market
and for any use of the product as a plant
Article 3 protection product that has been author-
Conditions for Obtaining a ized before the expiry of the certificate.
Certificate
Article 5
1. A certificate shall be granted if, in the Effects of the Certificate
Member State in which the application
referred to in Article 7 is submitted at the Subject to Article 4, the certificate shall
date of that application: confer the same rights as conferred by
the basic patent and shall be subject to
a. the product is protected by a basic the same limitations and the same obli-
patent in force; gations.
83
Article 8 document proving that the authorization
Content of the Application has been issued, the date on which it
for a Certificate was issued and the identity of the prod-
uct authorized.
1. The application for a certificate shall
contain: 2. Member States may require a fee to
be payable upon application for a certifi-
a. a request for the grant of a certificate, cate.
stating in particular:
Article 9
i) the name and address of the appli- Lodging of an Application
cant; for a Certificate
ii) the name and address of the repre- 1. The application for a certificate shall
sentative, if any; be lodged with the competent industrial
property office of the Member State
iii) the number of the basic patent and which granted the basic patent or on
the title of the invention; whose behalf it was granted and in
which the authorization referred to in Ar-
iv) the number and date of the first au- ticle 3 (1)(b) to place the product on the
thorization to place the product on the market was obtained, unless the Mem-
market, as referred to in Article 3 (1)(b) ber State designates another authority
and, if this authorization is not the first for the purpose.
authorization to place the product on the
market in the Community, the number 2. Notification of the application for a
and date of that authorization; certificate shall be published by the au-
thority referred to in paragraph 1. The
b. a copy of the authorization to place notification shall contain at least the fol-
the product on the market, as referred to lowing information:
in Article 3 (1)(b), in which the product is
identified, containing in particular the a. the name and address of the appli-
number and date of the authorization cant;
and the summary of the product charac-
teristics listed in Part A.I (points 1-7) or b. the number of the basic patent;
B.I (points 1-7) of Annex II to Directive
91/414/EEC or in equivalent national c. the title of the invention;
laws of the Member State in which the
application was lodged; d. the number and date of the authoriza-
tion to place the product on the market,
c. if the authorization referred to in (b) is referred to in Article 3 (1)(b), and the
not the first authorization for placing the product identified in that authorization;
product on the market as a plant protec-
tion product in the Community, infor- e. where relevant, the number and date
mation regarding the identity of the of the first authorization to place the
product thus authorized and the legal product on the market in the Communi-
provision under which the authorization ty.
procedure took place, together with a
copy of the notice publishing the author-
ization in the appropriate official publica-
tion or, failing such a notice, any other
84
Article 10 d. the number and date of the authoriza-
Grant of the Certificate or tion to place the product on the market
Rejection of the Application referred to in Article 3 (1)(b) and the
product identified in that authorization;
1. Where the application for a certificate
and the product to which it relates meet e. where relevant, the number and date
the conditions laid down in this Regula- of the first authorization to place the
tion, the authority referred to in Article product on the market in the Communi-
9(1) shall grant the certificate. ty;
5. Member States may provide that the 1. The certificate shall take effect at the
authority referred to in Article 9(1) is to end of the lawful term of the basic pa-
grant certificates without verifying that tent for a period equal to the period
the conditions laid down in Article 3 which elapsed between the date on
(1)(c) and (d) are met. which the application for a basic patent
was lodged and the date of the first au-
Article 11 thorization to place the product on the
Publication market in the Community, reduced by a
period of five years.
1. Notification of the fact that a certifi-
cate has been granted shall be pub- 2. Notwithstanding paragraph 1, the du-
lished by the authority referred to in Arti- ration of the certificate may not exceed
cle 9(1). The notification shall contain at five years from the date on which it
least the following information: takes effect.
a. the name and address of the holder 3. For the purposes of calculating the
of the certificate; duration of the certificate, account shall
be taken of a provisional first marketing
b. the number of the basic patent; authorization only if it is directly followed
by a definitive authorization concerning
c. the title of the invention; the same product.
85
Article 14 the revocation of the corresponding
Expiry of the Certificate basic patent.
86
TRANSITIONAL PROVISIONS
Article 19 Article 20
1. Any product which, on the date on In those Member States whose national
which this Regulation enters into force, law did not, on 1 January 1990, provide
is protected by a valid basic patent and for the patentability of plant protection
for which the first authorization to place products, this Regulation shall apply
it on the market as a plant protection from 2 January 1998.
product in the Community was obtained
after 1 January 1985 under Article 4 of Article 19 shall not apply in those Mem-
Directive 91/414/EEC or an equivalent ber State.
national provision may be granted a cer-
tificate. FINAL PROVISION
87
MINISTERIAL DECISION No 30560/544
88
into Greek law by Presidential Decree CHAPTER TWO
115/1997 (Government Gazette 104 A,
30 May 1997) 'on the approval, market- PERSONS ENTITLED -
ing and control of plant protection prod- PROCEDURE FOR LODGING
ucts in conformity with Directive 91/414
EEC of the Council, as that has been Article 3
supplemented'. Right of acquisition of a certificate
89
5. As to the lodging and drafting of doc- Article 8
uments before the OBI, Articles 2, 3, 4 Publication
and 9 of Ministerial Decision 15928/ΕFΑ
(Government Gazette 778 B’) and 19 of 1. The publication stipulated in Article
Presidential Decree 77/88 (Government 11 of Regulation 1610/96 shall be in the
Gazette 33 A’) shall be implemented. Special Industrial Property Bulletin.
2. After the granting of the certificate, 2. For the granting of protection, the
third parties may seek information and holder of the certificate shall be obliged
copies of the application and of the addi- to make prepayment of annual duties to
tional information which concerns the the OBI, in mutatis mutandis implemen-
product protected. tation of Article 24 of Law 1733/87.
90
termined by a decision of the Adminis- CHAPTER FIVE
trative Council of the OBI.
FINAL PROVISIONS
4. Failure to make punctual payment of
the annual protection duties shall entail Article 11
forfeiture of the rights which stem from Commencement of force
the certificate, in mutatis mutandis im-
plementation of Article 16 of Law This decision shall come into force on its
1733/87. publication in the Government Gazette.
91
PRESIDENTIAL DECREE No 259/1997
1. Article 4 of Law No. 2417/1996 on 3. The fact that the provision of the pre-
the “Ratification of the Hague Agree- sent Presidential Decree do not produce
ment Concerning the International De- any debit against the budget of the
posit of Industrial Designs of November State,
6, 1925, as revised in the Hague on No-
vember 28, 1960, and the Complemen- 4. The proposal by the Administrative
tary Act of Stockholm of July 14, 1967, Council of the Industrial Property Organ-
as amended on September 28, 1979” ization of December 12, 1996 (Item No.
(Official Journal No. 139, A’). 4 of the 18th Meeting),
2. Article 29A of Law No. 1558/1996 on 5. The opinion No. 301/1997 of June
“Government and Governmental Bod- 26, 1997 of the Council of State follow-
ies” (Official Journal No. 137, A’), ing the proposal by the Minister of De-
velopment,
PART ONE
GENERAL PROVISIONS
a. “design or model” means the outward 2. For the purposes of the present
visible appearance of the whole or part Presidential Decree:
92
a. “OBI” means the Athens-seated In- f. “national deposit” of designs and
dustrial Property Organisation (Art. 1 of models means a deposit made at OBI
Law No. 1733/1987); for the grant of a national title of protec-
tion (Art. 2 of the Agreement as ratified
b. “WIPO” means the World Intellectual with Article 1 of Law No. 2417/1996);
Property Organization as defined in Arti-
cle 2 of the Patent Cooperation Treaty g. “certified translation” means a transla-
as ratified by Greece with Law No. tion made by a person or an authority
1883/1990 (Official Journal No. 45, A’); entitled to certify translations;
PART TWO
93
the Hellenic territory or is a resident or Article 7
national of Greece. Date of Registration
of an International Deposit
Article 4
Language of the Application The registration of the International De-
posit shall be made by the International
An international application shall be in Bureau. The date on which the Interna-
the French or in the English language. tional Bureau received the international
application in due form and the relevant
Article 5 payable fees, shall be deemed as the
Documents of the Application date of registration (Art. 6.2 of the
Agreement as ratified with Article 1 of
1. An international application shall be Law No. 2417/1996).
filed in two copies and shall contain the
mandatory elements prescribed in Arti- Article 8
cle 5 of the Agreement. It shall be Payment of Fees
signed by the depositor or his repre-
sentative (Art. 5 of the Agreement as The fees prescribed for an international
ratified with Article 1 of Law No. deposit or for its renewal shall be paya-
2417/1996). ble directly to the International Bureau in
Swiss francs (Arts. 15 and 16 of the
2. An international application may con- Agreement as ratified with Article 1 of
tain the optional elements referred to in Law No. 2417/1996).
Article 5.3 and 5.4 of the Agreement.
Article 9
3. All contents of an international appli- Legal Effect of an
cation shall be completed on the form International Registered Deposit
provided by the International Bureau ac-
cording to the accompanying written in- 1. An international deposit registered in
structions. the International Design Register to
which Greece is designated, shall have
Article 6 the same effect with a national deposit
Receipt of an International in respect of which all administrative
Application acts have been complied with. Such an
international deposit shall be protected
1. OBI shall receive the application to according to the provisions on the regis-
be deemed as an international one and tered national deposits of designs or
shall immediately issue a receipt con- models (Art. 7 of the Agreement as rati-
taining the number and the accompany- fied with Article 1 of Law No.
ing documents or elements and the date 2417/1996).
of their receipt.
2. Any international deposit originating
2. OBI shall transmit by facsimile to the from Greece shall have full effect in the
International Bureau the documents of Hellenic territory (Art. 7 of the Agree-
an international application on the same ment as ratified with Article 1 of Law No.
day. The remaining accompanying el- 2417/1996).
ements as well as the original docu-
ments of the international application 3. The publication by the International
shall be mailed promptly by OBI to the Bureau of the registered international
International Bureau. deposits in the International Design Bul-
94
letin and the related acts thereof, shall 2. The above mentioned protection
have the same effect with their publica- shall commence on the date of the in-
tion in the Industrial Property Bulletin ternational deposit as defined in Article
(EDBI) published by OBI. 6 of the Agreement (Art. 6 of the
Agreement as ratified with Article 1 of
4. As of the date of publication of the Law No. 2417/1996).
monthly International Design Bulletin,
the contents thereof shall be open to in- Article 11
spection by the public in the premises of Termination of Protection in Greece
OBI.
The protection in Greece of an interna-
Article 10 tional registered design or model shall
Duration of Protection terminate following an irrevocable deci-
sion as provided in Article 16 of the pre-
1. The term of protection of a registered sent Presidential Decree. This decision
international deposit of a design or shall be communicated by OBI to the
model designating Greece shall be five International Bureau which shall publish
years, which may be renewed subject to it in the International Design Bulletin and
Article 29 of the present Presidential shall register it in the International Reg-
Decree (Art. 11 of the Agreement as ister.
ratified with Article 1 of Law No.
2417/1996).
PART THREE
NATIONAL TITLE OF PROTECTION
95
relation to the technical requirements Article 14
shall be taken into consideration. Non-prejudicial Disclosures
b. to the extent that these visible fea- a. the design or the model has been
tures of the component part fulfil in made available to the public by the de-
themselves the requirements as to nov- signer, his successor in title, or a third
elty and individual character. person as a result of information provid-
ed or action taken by the designer, or
4. “Normal use” within the meaning of his successor in title.
the above mentioned paragraph 6, shall
mean any use other than maintenance, b. if the disclosure is a result of an abu-
repair, or other similar services. sive behaviour towards the designer or
his successor in title, unless this behav-
Article 13 iour has resulted to the registration of
Disclosure the design or the model.
96
a. a design or model is contrary to pub- d. its exploitation or its publication is
lic policy or to accepted principles of mo- contrary to public policy or to accepted
rality. principles of morality.
b. the features of appearance of a prod- 2. For any additional matter, the provi-
uct are solely dictated by its technical sions of paragraphs 2 and 3 of Article 15
function. of law No. 1733/1987 shall apply ac-
cordingly.
c. the features of appearance of a prod-
uct must necessarily be reproduced in 3. A design right may be declared inva-
their exact form and dimensions in order lid even after it has lapsed or has been
to permit the product in which the design surrendered.
or model is incorporated or to which it is
applied to be mechanically connected to 4. A registered design or a registered
or placed in, around, or against another model, which shall be declared invalid,
product so that either product may per- is deemed to have brought a priori none
form its function. of the effects provided for in the present
Presidential Decree. The retroactive re-
2. Notwithstanding paragraph 1b and 1c sult of the invalidation shall not affect
above, a design or model shall be the decisions on infringement which
granted protection when, under the con- have acquired the force of res judicata
ditions set out in Article 12, this design and have been executed prior to the
or model makes possible the multiple date of issue of the decision on invalida-
assembly or connection of mutually in- tion nor the contracts entered before the
terchangeable products within a modu- decision on invalidation, provided that
lar system. they have been executed before the is-
sue thereof.
Article 16
Invalidity
CHAPTER TWO
1. A registered design or a registered
model shall be declared invalid by ENTITLEMENT TO A DESIGN OR
means of a court’s decision, if: MODEL - TRANSFER
97
right to the design or the model shall Article 19
vest in them jointly and in equal parts. Transfer of Rights and Licensing
Each co-owner is entitled to transfer
freely his share and supervise the pro- 1. The right to the registration of a de-
tection of the common registered design sign or model and the registered design
or model. or model may be transferred upon writ-
ten agreement or inherited. The transfer
3. If the design or the model has been shall be effected upon registration of the
created by an employee, paragraphs 4, agreement or of the certificate of inher-
5, 6, and 7 of Article 6 of Law 1733/1987 itance in the Design and Model Register
(Official Journal No. 171, A’) shall apply and shall be published in the EDBI.
accordingly.
2. The holder of a registered design or
4. If two or more persons have created model may licence his design or model
substantially similar designs or models to third parties upon written agreement.
independently the one from the other, This licence shall be registered in the
the right shall vest to the person who Design and Model Register and shall be
first filed the application for registration published in the EDBI.
of a design or model or to the one who
has a priority right over the rest pursuant 3. For any additional matter, the provi-
to Article 22 of the present Presidential sions of Article 12.1, .2, .3, .4, .5, and .6
Decree. of law No. 1733/1987 shall apply ac-
cordingly as well as the conditions and
Article 18 procedure provided in Article 2.10g and
Claims Article 24 of Law No. 1733/1987 (Official
Journal No. 171, A’).
1. The holder of a design or model may,
if a third party has filed an application for CHAPTER THREE
the registration of a design or model
which relates to his design or model or REGISTRATION PROCEDURE -
substantial elements thereof without his CERTIFICATE - BOOKS
consent, demand by action against the
third party the recognition on his behalf Article 20
of the rights conferred by the application Filing of Application -
or, in case a certificate for registration Conditions for Admissibility
has been issued, its transfer. The co-
owner of a registered design or model 1. The filing of an application at OBI is
may demand the recognition of his right. required for the registration of a design
or model.
2. The action taken by the holder or the
co-holder shall be brought within a peri- 2. An application shall contain:
od of two years from the publication
date of the registration of the design or a. A request for the registration of
the model in the Industrial Property Bul-
letin (EDBI). For any additional matter, the design or the model in the Design
paragraphs 10 and 11 of Article 6 of and Model Register.
Law No. 1733/1987 shall apply accord-
ingly. b. The full or trade name, the nationality,
the residence or seat, in case of a legal
entity and the address of the depositor.
98
c. The name of a representative in case sign or the model, nor to its possible us-
that the depositor does not have a resi- es and nor to the manufacturing materi-
dence or seat in Greece and a state- al.
ment of the depositor submitting to the
jurisdiction of the Hellenic courts. f. A request for publication in colour.
99
istration fee for each additional design positor or his representative. Article 2,
or model. Where the multiple applica- 3, and 4 of the Ministerial Decision No.
tion contains a request for deferment of 15298/EFA/1253 shall be applicable ac-
publication, an additional fee for defer- cordingly.
ment of publication shall be paid.
2. The presentation of the application’s
6. The receipts of payment of the filing documents and designs shall follow the
and registration fee for the design or the specifications of Article 8 paragraphs 1,
model as well as of the fee for the first 2, and 3a, b, c, d, e, f, g and of Article 9
five-year period of protection payable of the Ministerial Decision No.
according to the conditions and proce- 15298/EFA/1253. Two black-and-white
dure provided in Article 2.10g and Arti- photographs or graphic representations
cle 24 of Law No. 1733/1987 (Official of the deposited design or model shall
Journal 171, A’) shall be attached to the be attached to the application. In case
application. that the depositor requests a publication
in colour of the design or the model,
7. The application shall be admitted for these photographs or graphic represen-
filing provided that the terms of the tations shall be in colour.
above paragraphs 2 and 6 of the very
article of the present Presidential De- 3. The photographs and other graphic
cree are complied. The filing of the ap- representations shall represent clearly
plication is then deemed to be regular the deposited article alone without
but not complete. shadows to the exclusion of any other
object, person, or animal. The deposit-
8. Within a period of four months from ed article must be represented at least
the filing date, the applicant shall com- once in the position in which it is normal-
plete any deficiencies or correct any er- ly used.
rors in the drafting of the documents and
of the rest of the papers in accordance 4. The following shall not be admitted
with the above paragraphs 3, 4, and 5 of upon filing:
this article and shall pay the publication
fee or the fee for deferment of publica- a. instantly developed photographs,
tion. The filing of the application shall
be then deemed to be complete. b. words or texts or characterizations or
trade names or trademarks written on
9. If the application is not complete the object or on the picture or on the
within the prescribed period, OBI shall graphic representation,
refuse to register the application by a
justified decision. c. photocopies of photographs or
graphic representations,
10. The date of regular filing of the ap-
plication pursuant to paragraph 7 shall d. photographs or graphic representa-
be deemed as the date of registration of tions not suitable for offset reproduction,
the application.
e. photographs of dimensions larger
Article 21 than 16 x 16 cm.
Form of the Application
100
Article 22 depositor may request that the data re-
Priority ferred to in Article 20.2e, .3e, and f and
paragraph 4 of the present Presidential
1. If an application for a design or mod- Decree shall not be published. In such
el has been duly filed in a State member case, following the payment of a fee for
of the International Union for the Protec- the deferment of publication according
tion of Industrial Property, the depositor to the conditions and procedure provid-
or the owner of the application shall en- ed in Article 2.10g and Article 24 of Law
joy for the purpose of filing an applica- No. 1733/1987 (Official Journal 171, A’),
tion in respect of the same design, a OBI shall classify them as “NOT
right of priority of six months from the PUBLISHABLE” and shall keep them in
date of filing of the first application. The a separate folder. These data shall not
priority right shall date back to the peri- be disclosed nor made accessible to the
od of the first deposit. public before the expiration of the rele-
vant period referred to in Article 20.3f of
2 A right of priority for the deposit of a the present Presidential Decree.
design or model shall also exist from an
earlier national deposit of a utility model 2. Following a court’s decision, the de-
and vice versa if the application is filed ferred data shall be made available to
within 6 months claiming protection for persons participating in a trial regarding
the same object and a declaration of the validity, the infringement or the claim
priority shall be filed at OBI containing of exclusive rights resulting from the pro-
the elements of paragraphs 3a below. tected design or model.
a. a certificate of the competent au- 1. Four months after the filing date of
thority of the State of the first duly filed the application and provided that the
application stating the number and the application for registration is regular and
filing date of the application together complete, OBI shall issue a certificate of
with an official copy of the design or the registration of the design or the model
model, and without previously examining whether
the terms provided in Articles 12, 13, 14
b. a certified translation of the above and 15 of the present Presidential De-
mentioned certificate in Greek to which cree are met at the responsibility of the
a copy of the design or the model shall applicant.
be attached.
2. Without prejudice to Article 23, the
4. In case of priority claims on the basis registered application for a design or
of several foreign titles of protection, the model together with the documents at-
date of the first foreign application shall tached thereto shall be published 4
be considered as the priority date. months following the registration date. If
a sample of the product in which a de-
Article 23 sign or model is incorporated or to which
Deferment of Publication it is applied has been filed pursuant to
Article 20.4 of the present Presidential
1. When filing an application for regis- Decree, OBI shall mention it in the pub-
tration of a design or model at OBI, a lication under a separate mention. For
101
the purposes of publication, a publica- CHAPTER FOUR
tion fee shall be paid to OBI according
to the conditions and procedure provid- RIGHTS CONFERRED
ed in Article 2.10g and Article 24 of Law WITH THE DESIGN OR THE MODEL
No. 1733/1987 (Official Journal 171, A’).
Article 26
3. As of the publication date of the ap- Content of the Right
plication or the expiration thereof or in-
terruption of the time of the deferred 1. The registration of a design or model
publication, third parties shall be entitled shall confer on its holder the exclusive
to request information and copies of the right to use it and to prevent any third
application, the description, the designs, party not having his consent from using
or the models and of any other related it.
element.
2. The aforementioned use shall cover,
4. Elements of the registered applica- in particular, the making, offering, put-
tion shall be published in the Industrial ting on the market, importing exporting
Property Bulletin. or using of a product in which the design
is incorporated or to which it is applied,
5. Any publication in the Industrial or stocking such a product for those
Property Bulletin shall be made in a purposes.
separate issue titled “Designs and Mod-
els”. This issue shall contain elements 3. The rights conferred with a design or
related to the grant of certificates of reg- model upon registration shall not extend
istration of designs and models, to any to:
transfer, renunciation and licensing, to
the expiration date of the granted pro- a. acts done privately and for non-
tection or to the invalidation of a regis- commercial purposes;
tered design or model.
b. acts done for experimental or re-
Article 25 search purposes;
Books - Registers - Archives
c. acts of reproduction of a design or
1. OBI shall keep a Register of designs model for the purposes of making cita-
and models which shall contain all regis- tions or of teaching, provided that such
tered designs or models, an archive of acts are compatible with fair trade prac-
designs and models containing all re- tice and do not unduly prejudice the
spective folders and a book of reports normal exploitation of the design, and
for the registration of all applications for that mention is made of the source.
the registration of designs and models.
d. the equipment on ships and aircraft
2. For the purposes of keeping of the registered in another country when
data in the above registers, archives, these temporarily enter the Hellenic ter-
and books, Article 4.2, .3, and .4 of Law ritory;
No. 1733/1987 and Articles 10, 11, and
12 of the Ministerial Decision No. e. the importation in Greece of spare
15928/EFA/ 1253 shall apply according- parts and accessories for the purpose of
ly. repairing such ships or aircraft.
102
f. the execution of repairs on such ships Article 27
or aircraft. Scope of Protection
103
under the present law (articles 10 and of payment of the renewal fee at OBI
11 of Directive 2004/48/EC). For each which is payable according to the condi-
act of omission contributing to an in- tions and procedure provided in Article
fringement, the court may impose a 2.10g and Article 24 of Law No.
monetary penalty of up to ten thousand 1733/1987 (Official Journal 171, A’).
(10,000.00) Euros in favour of the The renewal fee shall be paid in ad-
rightholder, while in all other cases arti- vance within the six month period before
cle 947 of the Hellenic Code of Civil the last day of the month in which pro-
Procedure shall apply. In establishing tection ends.
the infringement of the obligation not to
act provided for under the preceding 3. Upon expiration of the period pre-
clause, the procedure provided for un- scribed in paragraph 2 and within a pe-
der articles 686 et seq. of the Hellenic riod of six months thereafter, the holder
Code of Civil Procedure is applied.[1] of a registered design or model or his
representative may pay the fees due
2. The provisions set forth in paragraphs with a 50% surcharge. Failing this, the
2, 3, 4, 5, 6, and 7 of Article 17 of Hel- protection for the registered design or
lenic Law No. 1733/1987, as well as model provided by the present Presi-
those set forth in articles 17A to 17F of dential Decree shall terminate.
the same law, are accordingly applied.[2]
4. The renewal shall take effect from
Article 29 the date following the date on which the
Term of Protection of a existing registration expires.
Registered Design or a Model
5. The renewal shall be recorded in the
1. The term of protection of a registered Design and Model Register.
design or model shall be five years from
the date of filing the application at OBI. CHAPTER FIVE
The term of protection may be renewed
for periods of five years each up to a to- FINAL AND
tal term of 25 years from the date of fil- TRANSITIONAL PROVISIONS
ing of the application for the registration
of the design or the model. Article 30
104
Presidential Decree shall enter into The present Presidential Decree shall
force as of the date when the Hague be published in the Official Journal of
Agreement entered into force in Greece, the Government.
i.e. as of April 18, 1997.
The publication and execution of the
present Presidential Decree shall be as-
signed to the Minister of Development.
105
LAW No 2557/1997 (GG 271, Α’, 24.12.1997)
106
JOINT MINISTERIAL DECISION No 14905/EFA/3058
107
for pharmaceuticals' (EU No. L 182/1 of Greece in accordance with Article 23 of
2 July 1992). Law 1733/87.
g. 'Patent': the patent granted by the For the granting of a certificate, the
OBI in accordance with Article 8 of Law lodging of an application with the OBI in
1733/87 (Government Gazette 171 A’), accordance with Article 7 of Regulation
or the European patent with force in (EEC) 1768/92 shall be required.
108
The application shall be submitted in CHAPTER THREE
two copies and shall contain the particu-
lars cited in Article 8 of Regulation CERTIFICATE - PUBLICATION
(EEC) 1768/92.
Article 7
To the application shall be annexed, in Granting of a certificate
addition to the particulars of paragraph 2
of this article, the documents legitimat- If the application is complete and regular
ing the person lodging them in the case in accordance with Articles 5 and 6 of
of a legal person and the receipt for the this decision and if the product which it
collection by the OBI of the duty for the concerns fulfils the terms of Regulation
lodging of an application for the granting (EEC) 1768/92, the OBI shall grant the
of a certificate. certificate without a prior check on the
terms of Article 3, par. 1, items (c) and
If the terms of the paragraph 2 above of (d) of Regulation (EEC) 1768/92, on the
the article are fulfilled, the application responsibility of the applicant.
shall be accepted for lodging. In this
event, the application shall be deemed After the granting of the certificate, third
to be regular, it shall be given a lodging parties may seek information and copies
date, and shall be entered in the Re- of the application and of the additional
ports Register of the OBI. information which concerns the product
protected.
As to the lodging and drafting of docu-
ments before the OBI, Articles 2, 3, 4 The OBI shall, without fail, notify the Na-
and 9 of Ministerial Decision tional Pharmaceuticals Organisation of
15928/ΕFΑ/1253 (Government Gazette the granting of the certificate.
778 B’) and 19 of Presidential Decree
77/88 (Government Gazette 33 A’) shall Article 8
be implemented. Publication
109
CHAPTER FOUR The level of the lodging duty and of the
annual protection duties shall be deter-
RIGHTS FROM THE CERTIFICATE - mined by a decision of the Administra-
DUTIES tive Council of the OBI.
110
LAW No 2919/2001 (GG 128, A’, 25.06.2001)
111
LAW No 2943 (GG 203, Α, 12.09.2001)
"Serving of sentences by drug dealers and other provisions within the remit of
the Ministry for Justice"
112
Article 10
3. Members of the community trade
1. The community trade marks cham- marks chambers shall preferably be
bers of the Athens and Thessaloniki judges specialised or experienced in
Courts of First Instance and of Appeal, trade mark law, in particular, community
provided they have relevant jurisdiction trade mark law, patent law and commer-
pursuant to provisions in the domestic cial law in general.
law, shall also try cases of national trade
marks. Article 11
2. The community trade marks cham- Provisions in this chapter shall apply to
bers, provided they have relevant juris- cases in which the application initiating
diction pursuant to provisions in the do- proceedings shall be filed with the
mestic law may also try other commer- Court’s secretariat upon this law enter-
cial law cases if, in the Judge’s or the ing into effect.
appointed Judicial Council’s discretion,
this is required for Service purposes.
113
PRESIDENTIAL DECREE No 321/24.09.2001
114
Article 3 ploitation would be contrary to the public
order or morality; however, exploitation
1. For the purpose of implementing this shall not be deemed to be contrary to
presidential decree inventions specified the public order or morality merely be-
in provision of Article 5 par. 1 of L. cause it is prohibited by the applicable
1733/1987, whose object is a product law.
consisting of or containing biological
material or a process by means of which 2. Pursuant to paragraph 1 the follow-
biological material is produced, pro- ing, in particular, shall be unpatentable:
cessed or used shall be patentable.
a. processes for cloning human beings;
2. Biological material which is isolated
from its natural environment or pro- b. processes for modifying the germ line
duced by means of a technical process genetic identity of human beings;
may be the subject of an invention even
if it previously occurred in nature. c. uses of human embryos for industrial
or commercial purposes;
3. Inventions which concern plants or
animals shall be patentable if the tech- d. processes for modifying the genetic
nical feasibility of the invention is not identity of animals which are likely to
confined to a particular plant or animal cause them suffering without any sub-
variety. stantial medical benefit to man or ani-
mal, and animals resulting from such
Article 4 processes.
115
gent form and possessing the same with his consent implies authorisation for
characteristics. the farmer to use the protected livestock
for an agricultural purpose. This in-
Article 7 cludes making the animal or other ani-
mal reproductive material available for
The protection conferred by a patent on the purposes of pursuing his agricultural
a product containing or consisting of ge- activity but not sale within the framework
netic information shall extend to all ma- or for the purpose of a commercial re-
terial, save as provided in Article 4, par. production activity.
1, in which the product is incorporated
and in which the genetic information is CHAPTER FOUR
contained and performs its function.
COMPULSORY LICENSES DUE TO
Article 8 INTERDEPENDENCE
116
a. they have applied unsuccessfully to April 1977 on the international recogni-
the holder of the patent or of the plant tion of the deposit of micro-organisms
variety right to obtain a contractual li- for the purposes of patent procedure,
cence; hereinafter referred to as the 'Budapest
Treaty`, as ratified by Law 2128/1993
b. the plant variety or the invention con- (GG 56, A’) shall be recognised;
stitutes significant technical progress of
considerable economic interest com- b. the application as filed contains such
pared with the invention claimed in the relevant information as is available to
patent or the protected plant variety. the applicant on the characteristics of
the biological material deposited;
4. The authority responsible for granting c. the patent application states the name
the licence referred to in paragraphs 1 of the depository institution and the ac-
and 2 is the Court specified in Article 13, cession number.
par. 10 of L. 1733/1987. Provisions in
Article 13 of L. 1733/1987, shall apply 2. Access to the deposited biological
correspondingly. Where a licence for a material shall be provided through the
plant variety can be granted only by the supply of a sample:
Community Plant Variety Office, Article
29 of Regulation (EC) No. 2100/94. a. up to the first publication of the patent
application, only to those persons who
are so authorised under international
CHAPTER FIVE treaties or under national patent law;
117
4. At the applicant's request, where an 2. Any new deposit filed with the Indus-
application is refused or withdrawn un- trial Property Organisation shall be ac-
der Article 8, par. 1 and 2 of L. companied by a statement signed by the
1733/1987, access to the deposited ma- depositor certifying that the newly de-
terial shall be limited to an independent posited biological material is the same
expert for 20 years from the date on as that originally deposited.
which the patent application was filed. In
that case, paragraph 3 shall apply. Article 13
1. If the biological material deposited in This presidential decree shall enter into
accordance with Article 11 ceases to be force upon its publication in the Gov-
available from the recognised depository ernment Gazette.
institution, a new deposit of the material
shall be permitted on the same terms as The minister for development shall be
those laid down in the Budapest Treaty. responsible for the publication and im-
plementation of this decree.
118
PRESIDENTIAL DECREE No 161/31.05.2002
119
Article 2 259/1997 is replaced by the following
(Article 1 (c) of Directive 98/71/EC) text:
Indent c will be added to Article 2 (1) of 1. “Beneficiary protection will include any
Presidential Decree 259/1997 with the design which does not produce on the
following wording: informed user a different overall impres-
“c. “complex product” means a product sion”
which is composed of multiple compo-
nents which can be replaced permitting 2. “In assessing the scope of protection,
disassembly and reassembly of the the degree of freedom of the designer in
product.” developing his design will be taken into
consideration.”
Article 3
(Articles 5 (2) and 3 (4) of Directive Article 6
98/71/EC) (Article 11 (1) (a) and (d), (4) and (7) of
Directive 98/71/EC)
1. In Article 12 (5) of Presidential De-
cree 259/1997 the phrase “with regard 1. Indents e and f will be added to Article
to technical needs” will be replaced 16 (1) of Presidential Decree 259/1997
with: “in developing the design”. with the following wording:
2. Article 12 (7) of Presidential De- “e. if the design is not a design within the
cree 259/1997 will be replaced with meaning of Article 2 (1) (a);”
the following text: “f. if the design is in conflict with a prior
“Normal use within the meaning of design which has been made available to
paragraph 6 above will mean use by the public after the date of filing of the
the end user, excluding maintenance, application or, if priority is claimed, the
servicing or other similar works.” date of priority, and which is protected
from a date prior to the said date by a
Article 4 registered Community design or an appli-
(Article 6 (2) of Directive 98/71/EC) cation for a registered Community design
or by a design right of the Member State
Article 14 (1) of Presidential Decree concerned, or by an application for such a
259/1997 will be replaced with the fol- right”.
lowing text:
“The new and individual nature of a 2. Article 16 (2) of Presidential Decree
design in accordance with Article 12 259/1997 will be replaced with the follow-
(3) and (4) hereof will not be cancelled ing text:
where a design which has been made
available to the public during the 12- “The ground of refusal provided for in
month period preceding the date of fil- paragraph 1(f) may be invoked solely by
ing of the application or, if priority is the applicant for or the holder of the con-
claimed, the date of priority, if one of flicting right”. As for the rest the provi-
the following reasons applies:” sions of Article 15 (2) of Law 1733/1987
will apply accordingly”.
Article 5
(Article 9 of Directive 98/71/EC) 3. Paragraph 5 will be added to Article 16
of Presidential Decree 259/1997 with the
Article 27 of Presidential Decree following wording:
120
“When a design has been declared in- The rights conferred by a design right up-
valid pursuant to Article 16 (1), the de- on registration will not extend to acts re-
sign may be registered or the design lating to a product in which a design in-
right maintained in an amended form, if cluded within the scope of protection of
in that form it complies with the re- the design right is incorporated or to
quirements for protection and the iden- which it is applied, when the product has
tity of the design is retained. Registra- been put on the market in the Community
tion or maintenance in an amended by the holder of the design right or with
form may include registration accom- his consent.”
panied by a partial disclaimer by the
holder of the design right or entry in the Article 8
design Register of a court decision de-
claring the partial invalidity of the de- The provisions hereof will enter into force
sign right.” as of 28 October 2001, when in accord-
ance with Article 19 (1) of Directive
98/71/EC Member States must bring into
Article 7 force the laws, regulations or administra-
(Article 15 of Directive 98/71/EC) tive provisions necessary to comply with
this Directive.
A new Article 29A will be added after
Article 29 of Presidential Decree We hereby assign to the Minister of De-
259/1997 with the following wording: velopment to see to the publication and
implementation of this Presidential De-
“Exhaustion of rights cree.
121
JOINT MINISTERIAL DECISION No 14113/EFA/3850/23.12.2002
122
b. the Vice-President of the Committee, Article 3
an experienced technology scientist who Publication procedure
shall substitute for the President in case
the latter is unable to perform his duties. 1. The Committee shall widely publicise
c. five members qualified in innovation, any invitation to inventors residing in
among which a science expert, an attor- Greece to express their interest in par-
ney-at-law and a scientist experienced ticipating in the selection procedure.
in innovation funding. An alternate shall
be appointed for each member of the 2. Publication costs shall be borne by
Committee. OBI.
123
Article 5 filed with the World Intellectual Property
Filing the application Organization (WIPO).
The applicant may submit within the 1. Upon recommendation by OBI’s Di-
deadline, as specified by the Committee rector General and where funds are
any other information which shall also provided for in the budget of the Organi-
be taken into consideration by the latter sation’s corresponding financial year,
during the evaluation procedure. the Committee may suggest awards for
the inventions appearing on the short list
Article 6 under Article 6, par. 3 hereof. The num-
Evaluation procedure ber of inventions for which an award is
provided cannot be more than eight.
1. To evaluate the inventions the com-
mittee shall examine the inventive step 2. The pecuniary amount corresponding
of the specific invention and assess the to each of the above mentioned awards
extent to which it could contribute to the shall be set to a maximum of €10,000.
country’s technological and industrial
development. 3. The Committee may propose com-
mendations for inventions appearing on
2. To assess the inventive step the the list under Article 6, par. 3 hereof and
Committee shall examine the research which shall not be granted an award.
reports drawn up either under Article 8
in L. 1733/1987 as part of patent grant- 4. The Committee shall draw up a pro-
ing procedure by the OBI or under L. posal in which it shall state the inven-
1607/1986 (GG 85, Α) as part of the Eu- tions eligible for an award or a com-
ropean patent granting procedure by the mendation, the pecuniary amount corre-
European Patent Office (EPO) or under sponding to such awards and the names
L. 1883/1990 (GG 45, Α) as part of the of inventors to be granted the above
processing of international application awards and commendations. The pro-
124
posal shall be submitted for approval to Article 9
the minister for development. The minis- Transitional provisions
ter for development shall accept or re- Entry into force
ject the Committee's proposals as he
shall see fit. 1. The Committee’s term, as set out in
Decision Ref. No. 11135/EFA/2300 dat-
5. Where an invention has been imple- ed July 26 2001 by the minister for de-
mented jointly by more inventors, the velopment under Article 3 of the joint
award or commendation shall be grant- ministerial decision 12149/EFA/ 2248
ed to inventors who have signed the ap- (GG B, 1240), continues to apply.
plication to participate in the evaluation
procedure under Article 5. 2. This decision shall replace joint minis-
terial decision 12149/EFA/2248 (GG Β,
6. In principle, the award procedure 1240).
shall be held every two years, upon the
Committee’s decision and following invi- 3. This decision shall enter into force
tation by OBI’s Director General. upon its publication in the Government
Gazette.
7. The minister for development shall
present winners with the awards at a 4. Following publication of this decision
ceremony to be prepared by the OBI. presentation of the awards shall take
The ceremony costs shall be borne by place upon invitation to convene a ses-
the OBI. sion of the Committee by OBI's Director
General.
125
COMMISSION REGULATION (EC) No 1891/2004, of 21 October 2004
126
Member States and the Commission, so a. in the case of a right that is registered
that it is possible, on the one hand, for or for which an application has been
the Commission to monitor the effective lodged, proof of registration with the rel-
application of the procedure laid down evant office or proof that the application
by Regulation (EC) 1383/2003, to draw has been lodged;
up in due course the report referred to in
Article 23 thereof and to try to quantify b. in the case of a copyright, related
and describe patterns of fraud, and, on right or design right which is not regis-
the other hand, for the Member States tered or for which an application has not
to introduce appropriate risk analysis. been lodged, any evidence of author-
ship or of the applicant’s status as origi-
10. This Regulation should apply from nal holder.
the same date as Regulation (EC)
1383/2003. A copy of registration from the database
of a national or international office may
11. The measures provided for in this be considered to be proof for the pur-
Regulation are in accordance with the poses of point (a) of the first subpara-
opinion of the Customs Code Commit- graph.
tee,
For protected designations of origin and
HAS ADOPTED THIS REGULATION: protected geographical indications, the
proof referred to in point (a) of the first
Article 1 subparagraph shall, in addition, consist
in proof that the right-holder is the pro-
For the purposes of Article 2(2)(b) of ducer or group and proof that the desig-
Regulation (EC) 1383/2003, hereinafter nation or indication has been registered.
‘the basic Regulation’, the right-holder or This subparagraph shall apply mutatis
any other person authorised to use the mutandis to wines and spirits.
right may be represented by natural or
legal persons. 2. Where the application for action is
lodged by any other person authorised
The persons referred to in the first para- to use one of the rights referred to in Ar-
graph shall include collecting societies ticle 2(1) of the basic Regulation, proof
which have as their sole or principal shall, in addition to the proof required
purpose the management or administra- under paragraph 1 of this Article, consist
tion of copyrights or related rights; in the document by virtue of which the
groups or representatives who have person is authorised to use the right in
lodged a registration application for a question.
protected designation of origin or a pro-
tected geographical Indication; and plant 3. Where the application for action is
breeders. lodged by a representative of the right-
holder or of any other person authorised
Article 2 to use one of the rights referred to in Ar-
ticle 2(2) of the basic Regulation, proof
1. If an application for action within the shall, in addition to the proof referred to
meaning of Article 5(1) of the basic in paragraph 1 of this Article, consist in
Regulation is lodged by the right-holder his authorisation to act.
himself, the proof required under the
second subparagraph of Article 5(5) A representative, as referred to in the
shall be as follows: first subparagraph, must produce the
127
declaration required pursuant to Article cation for action has to be submitted,
6 of the basic Regulation, signed by the together with any translations that may
persons referred to in paragraphs 1 and be required.
2 of this Article, or a document authoris-
ing him to bear any costs arising from 3. The form shall be made up of two
customs action on their behalf in ac- copies:
cordance with Article 6 of the basic
Regulation. a. the copy for the Member State in
which the application is lodged, marked
Article 3 ‘1’;
1. The documents on which applications b. the copy for the right–holder, marked
for action are made pursuant to Article ‘2’.
5(1) and (4) of the basic Regulation, the
decisions referred to in Article 5(7) and The application forms, duly completed
(8) and the declaration required pursu- and signed, accompanied by one extract
ant to Article 6 of the basic Regulation of the form for each Member State indi-
must conform with the forms set out in cated in box 6 of the form, as well as the
the Annexes to this Regulation. documentary proof referred to in boxes
8, 9 and 10, shall be presented to the
The forms shall be completed by elec- competent customs department, which,
tronic or mechanical means, or legibly after accepting the form, shall retain it
by hand. Handwritten forms shall be for at least one year longer than its legal
completed in ink and in block capitals. period of validity.
Whatever method is used, forms shall
contain no erasures, overwritten words If the extract of a decision granting an
or other alterations. Where the form is application for action is addressed to
filled in electronically, it shall be made one or more Member States pursuant to
available to the applicant in digital form Article 5(4) of the basic Regulation, the
on one or more public sites that are di- Member State which receives the ex-
rectly accessible by computer. It may tract shall complete without delay the
subsequently be reproduced on private ‘acknowledgement of receipt’ section of
printing equipment. the form by indicating the date of receipt
and shall return a copy of the extract to
Where additional sheets are attached, the competent authority indicated in box
as referred to in boxes 8, 9, 10 and 11 2 of the form.
of the form on which the application for So long as his application for Communi-
action provided for in Article 5(1) is to be ty action remains valid, the right-holder
made out, or in boxes 7, 8, 9 and 10 of may, in the Member State where the
the form on which the request for action application was originally lodged, enter
provided for in Article 5(4) is to be made a request for action to be taken in an-
out, they shall be deemed to be an inte- other Member State not previously men-
gral part of the form. tioned. In such cases, the period of va-
lidity of the new application shall be the
2. Forms for applications for action un- period remaining under the original ap-
der Article 5(4) of the basic Regulation plication, and it may be renewed In ac-
shall be printed and completed in one of cordance with the conditions applying to
the official languages of the Community the original application.
designated by the competent authorities
of the Member State in which the appli-
128
Article 4 mine whether, under national law, an
intellectual property right has been in-
For the purposes of Article 5(6) of the fringed. Except in the case of perishable
basic Regulation, the place of manufac- goods, if insufficient time remains to ap-
ture or production, the distribution net- ply for such proceedings before the ex-
work or names of licensees and other piry of the time-limit laid down in the first
information may be requested by the subparagraph of Article 13(1) of the
department responsible for receiving basic Regulation, the situation may be
and processing applications for action in deemed an appropriate case within the
order to facilitate the technical analysis meaning of the second subparagraph of
of the products concerned. that provision.
129
a. the name of the right-holder; a de- Article 9
scription of the goods; if known, the
origin, provenance and destination of Applications for action lodged before 1
the goods; the name of the intellectual July 2004 shall remain valid until their
property right infringed; legal expiry date and shall not be re-
newed. However, they must be accom-
b. for each item, the quantity of goods panied by the declaration required under
whose release was suspended or which Article 6 of the basic Regulation, the
were detained; their customs status; the model for which is set out in the Annex-
type of intellectual property right in- es to this Regulation. The declaration
fringed; the means of transport used; shall release any deposit and fee paya-
ble in the Member States. Where pro-
c. whether commercial or passenger ceedings brought before the competent
traffic was involved and whether the authority on a matter of substance be-
procedure was initiated ex officio or as fore 1 July 2004 are still under way on
the result of an application for action. that date, the deposit shall not be re-
leased before the close of those pro-
4. The Member States may send the ceedings.
Commission information concerning the
real or estimated value of the goods for Article 10
which release has been suspended or
which have been detained. Regulation (EC) 1367/95 is repealed.
References to the repealed Regulation
5. At the end of every year, the Com- shall be construed as references to this
mission shall, in an appropriate manner, Regulation.
communicate to all Member States such
information as it receives pursuant to Article 11
paragraphs 1 to 4.
This Regulation shall enter into force on
6. The Commission shall publish the list the day of its publication in the Official
of departments within the customs au- Journal of the European Union.
thority, as referred to in Article 5(2) of
the basic Regulation, in the C series of It shall apply from 1 July 2004.
the Official Journal of the European Un-
ion. This Regulation shall be binding in its
entirety and directly applicable in all
Member States.
130
LAW No 3396/2005 (GG Α’ 246, 06.10.2005)
131
JOINT MINISTERIAL DECISION DYG3(a) No 83657
(GG 59 Β’ of 24.01.2006)
132
COMMISSION REGULATION (EC) No 1172/2007 of 5 October 2007
133
force of the Treaty of Accession of these Article 1
countries.
Regulation (EC) No 1891/2004 is here-
6. In the interests of consistency, the by amended as follows:
Community application for action form
should be adapted from the date of ac- 1. In Annex I, in box 2 of the national
cession of Bulgaria and Romania. application for action (AA) form, the
words ‘(see Annex l-C for details)’ are
7. Regulation (EC) No 1891/2004 deleted.
should therefore be amended accord-
ingly. 2. Annex I-C is deleted.
8. The measures provided for in this 3. Annex II is replaced by the text in the
Regulation are in accordance with the Annex to this Regulation.
opinion of the Customs Code Commit-
tee, 4. In Annex IIA, in the final sentence,
the words ‘listed in Annex II-C’ are de-
HAS ADOPTED THIS REGULATION: leted.
Article 2
134
MINISTERIAL DECISION No 11475 EFA 2388
(GG B’ 1165/25.06.2008)
THE MINISTERS
OF THE NATIONAL ECONOMY – 5. The provisions of Articles 11 and 12 of
OF DEVELOPMENT – Presidential Decree 77/88 'Provisions on
AND OF HEALTH AND SOCIAL the implementation of the Convention on
SOLIDARITY the granting of European patents', which
was ratified by Law 1607/1987 (GG
Having taken into consideration: 33/A/25.2.1988).
135
11. Regulation (EC) no 1901/2006 of agraphs 1 and 2 of the Regulation (EEC)
the European Parliament and of the 1768/1992 for paediatric pharmaceuticals
Council of 12 December 2006 on me- as products that are protected by a sup-
dicinal products for paediatric use and plementary protection certificate based on
amending Regulation (EEC) No Regulation (EEC) no. 1768/1992 or the
1768/92, Directive 2001/20/EC, Di- patent certificate that fulfils the pre-
rective 2001/83/EC and Regulation requisites for granting a supplementary
(EC) No 726/2004 (EU no. L378/1 of protection certificate.
27 December 2006).
Article 2
12. Regulation (EC) No 726/2004 of Definitions
the European Parliament and of the
Council of 31 March 2004 laying down For the implementation of this decision,
Community procedures for the authori- the following phrases shall have the fol-
sation and supervision of medicinal lowing meanings:
products for human and veterinary use
and establishing a European Medi- a. “Regulation (EEC) 1768/92”: Regula-
cines Agency (EU No. L 136, tion (EEC) 1768/92 of the Council of the
30.04.2004). European Union of 18 June 1992 'in rela-
tion to the introduction of a supplemen-
13. Directive 2001/83/EC of the Euro- tary protection certificate for pharmaceu-
pean Parliament and of the Council of ticals' (EU No. L 182/1 of 2 July 1992).
6 November 2001 on the Community
code relating to medicinal products for b. “Regulation (EC) no 1901/2006”: Regu-
human use (EU no. L311, 28.11.2001) lation (EC) no 1901/2006 of the European
as amended of late with Directive Parliament and of the Council of 12 De-
2004/27/EC (EU L 136, 30.4.2004). cember 2006 on medicinal products for
paediatric use and amending Regulation
14. The fact that no charge on the (EEC) No 1768/92, Directive 2001/20/EC,
state budget is created by the provi- Directive 2001/83/EC and Regulation
sions of the present decision. (EC) No 726/2004 (EU no. L378/1 of 27
December 2006).
15. The minutes of meeting no. c. “Regulation (EC) No 726/2004”: Regu-
14/13.11.2007 of OBI’s BoD, we have lation (EC) No 726/2004 of the European
determined: Parliament and of the Council of 31
March 2004 laying down Community pro-
cedures for the authorisation and super-
vision of medicinal products for human
PART ONE and veterinary use and establishing a Eu-
ropean Medicines Agency (EU No. L 136,
GENERAL PROVISIONS 30.04.2004).
136
PART TWO
e. “Ministerial Decision no. 14905/ EFA
3058”: Ministerial Decision no. BENEFICIARIES
14905/EFA 3058 regarding the sub- APPLICATION PROCEDURE –
mission of an application with the OBI APPLICATION CONTENT
for the granting of a supplementary
protection certificate for pharmaceuti- Article 3
cals (Government Gazette 1162 B of Right of application for extension
30.12.1997).
The right of applying for an extension of
f. “OBI”: the Industrial Property Organi- the duration of the supplementary protec-
sation, which has its registered office in tion certificate for pharmaceuticals, grant-
Athens (Article 1 of Law 1733/1987). ed in accordance with Article 7 of Ministe-
rial Decision no. 14905/EFA/3058, be-
g. “Pharmaceutical”: any substance or longs to the certificate beneficiary as well
compound which is prepared as having as his general or special successors.
therapeutic or preventive properties [Term (27), Regulation (EC) 1901/2006]
within the meaning of Article 1, para 1
of Regulation (EEC) 1768/92. Article 4
Competent authority
h. “Patent”: the patent granted by the
O.B.I. in accordance with Article 8 of The competent authority for the submis-
Law 1733/87 (Government Gazette sion and approval of the extension for the
171 A), or the European patent in force duration of the certificate’s validity shall
in Greece in accordance with Article 23 be the Industrial Property Organisation
of Law 1733/87. (OBI).
[Article 52 para. 4 a) Regulation (EC)
i. “Certificate”: the supplementary pro- 1901/2006]
tection certificate, which is granted for
pharmaceuticals from the OBI in ac- Article 5
cordance with the terms of Article 7 of Application submission
Ministerial Decision no. 14905/EFA
3058. 1. For the extension of the duration of the
protection certificate of Article 7 of the
j. “Marketing authorisation permit”: the Ministerial Decision 14905/ EFA/ 3058
marketing authorisation permit is is- and in application of Article 36 of Regula-
sued for a pharmaceutical that is in- tion (EC) 1901/2006, an application must
tended for human use, which exclu- be submitted to the OBI.
sively covers therapeutic indications
that are important for the paediatric 2. The application of paragraph 1, is
population or its subtotal and which is submitted to the OBI either together with
issued in application of Regulation no. the application of a supplementary pro-
(EC) 1901/2006 and is governed by tection certificate for pharmaceuticals, or
the provisions of Regulation (EC) no. after having applied for a supplementary
726/2004 or Directive 2001/83/EC. protection certificate and up until it is
granted in accordance with Articles 5, 6
and 7 of the Ministerial Decision no.
14905/EFA/3058.
(Article 52 para. 2(3) Regulation (EC)
1901/2006)
137
3. In the event that the OBI has already e. If a certificate has already been grant-
granted the certificate, in accordance ed, a copy of the certificate already
with Article 7 of the Ministerial Decision granted by the OBI.
no. 14905/EFA/ 3058, the application (Article 52 para 3(b) Regulation (EC)
referred to in paragraph 1 is submitted 1901/2006)
to the OBI not later than two years be-
fore the expiry of the respective certifi- 2. In addition to the details of paragraph 1
cate. of the present Article, the application shall
(Article 52 para. 2(4) Regulation (EC) be annexed with documents legalising the
1901/2006) person submitting them, in the case of a
legal person and the receipt of the duty
4. Notwithstanding paragraph 3 above, collected by the OBI with respect to sub-
for five years following the entry into mitting the application for extension of the
force of Regulation (EC) 1901/2006, certificate’s duration.
that is the 26th January 2012, the ap-
plication for an extension of the dura- 3. Should the terms of paragraph 1 of the
tion of a certificate already granted present article be fulfilled, the submission
shall be submitted not later than six of the application is accepted. In this
months before the expiry of the certifi- event, the application shall be deemed
cate. regular; it shall be given a submission
(Article 52 para. 2(5) Regulation (EC) date and entered into the OBI Reports
1901/2006) Register.
138
PART THREE The publication of the certificate shall
mandatorily refer the details of Article 11,
CERTIFICATE - PUBLICATION para. 1 of Regulation (EEC) 1768/92.
139
Article 12 (Article 52 para 3 (c) Regulation (EC)
Revocation of an extension of 1901/2006)
the duration
The amount of the duty shall be deter-
The extension of the duration may be mined by a decision of the OBI Board of
revoked if it was granted contrary to Directors.
the provisions of Article 36 of Regula-
tion (EC) 1901/2006. In this event, Ar-
ticle 15 of Law 1733/1987 shall be im- PART FIVE
plemented mutatis mutandis.
FINAL PROVISIONS
The revocation shall be published in
the Industrial Property Bulletin. Article 11
(Article 52 para 8 Regulation (EC) Effective date
1901/2006)
This decision shall enter in effect upon its
Article 13 publication with the Government’s Ga-
Duties zette.
A duty shall be payable to the OBI up-
on application for the extension of the This decision is to be published in the
duration of a certificate. Government’s Gazette.
140
MINISTERIAL DECISION No 10374/GG Β’ 1594, 04.08.09
“Procedure of search report or final search report drawing
by the Industrial Property Organization (ΟΒΙ)”
5. Presidential Decree no. 4/09 “Nomi- This Ministerial Decision applies to the
nation of Ministers, Alternate Minister applications for grant of patents filed
with OBI, in application of article 5 et
141
seq. of Law no. 1733/1987 "Transfer of g. “Convention 2000” shall be the con-
technology, inventions, technological solidated text of the European Conven-
innovation and establishment of Greek tion along with the Revision Act, as pub-
Atomic Energy Commission" (Govern- lished in the Official Journal of the EPO
ment Gazette 171, A). (No 1/2007).
142
Article 5 Article 7
Search Report or Final Search Report Methods for drawing the search
report with a written opinion
1. For any application for patent grant-
ing, OBI shall draw a report that is The search report with a written opinion
based on the invention’s description, the shall be drawn by OBI pursuant to the
claims and the drawings attached, stat- applicable implementing provisions of
ing all details of the current state of the the instructions for examination before
art that are necessary for assessing the the EPO. Such instructions shall be at-
new character and the inventive step of tached hereto and constitute integral
the invention. In this case, such report part hereof.
shall be called simple search report
(SSR). Article 8
Statement of the applicant
2. In application of article 8 para. 6 of
Law 1733/1987, OBI, based on the ap- 1. The person applying for patent grant-
plicant’s comments, shall draw, following ing shall state before OBI, within four
the search report of the aforementioned months from the filing of the application,
paragraph, a final search report. whether (s)he chooses a simple search
report (SSR) or a search report with a
Article 6 written opinion (SRWO) and shall pay
Search report with a written opinion or the relevant fees.
final search report with a written opinion
2. In case of non-timely payment of
fees, article 8 par. 4 of Law 1733/1987
1. In application of article 8 par. 3 of Law shall apply.
no. 1733/1987, the search report drawn
by OBI may be accompanied by re-
marks or brief explanatory comments CHAPTER THREE
referring to the invention features,
namely the new character of the inven- FINAL PROVISIONS
tion, its inventive step and the industrial
application potential. In this case, such Article 9
search report shall be called search re- Transitional Provision
port with a written opinion (SRWO).
143
Article 10 its publication with the Government’s
Effective date Gazette. This decision is to be pub-
lished in the Government’s Gazette.
This decision shall enter in effect upon
144
REGULATION (EC) No 469/2009 OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL OF 6 MAY 2009
Whereas:
5. This situation leads to a lack of protec-
tion which penalises pharmaceutical re-
1. Council Regulation (EEC) No search.
1768/92 of 18 June 1992 concerning
the creation of a supplementary pro-
tection certificate for medicinal prod- 6. There exists a risk of research centres
ucts [3] has been substantially amend- situated in the Member States relocating
ed several times [4]. In the interests of to countries that offer greater protection.
clarity and rationality the said Regula-
tion should be codified. 7. A uniform solution at Community level
should be provided for, thereby prevent-
2. Pharmaceutical research plays a ing the heterogeneous development of
decisive role in the continuing im- national laws leading to further disparities
provement in public health. which would be likely to create obstacles
to the free movement of medicinal prod-
ucts within the Community and thus di-
rectly affect the functioning of the internal
market.
1
OJ C 77, 31.3.2009, p. 42.
2
Opinion of the European Parliament of 21 October
2008 (not yet published in the Official Journal) and 8. Therefore, the provision of a supple-
Council Decision of 6 April 2009.
3
mentary protection certificate granted,
OJ L 182, 2.7.1992, p. 1. under the same conditions, by each of
4
See Annex I
the Member States at the request of the
holder of a national or European patent
145
relating to a medicinal product for and any substance or combination of
which marketing authorization has substances which may be administered
been granted is necessary. A regula- to human beings or animals with a view
tion is therefore the most appropriate to making a medical diagnosis or to re-
legal instrument. storing, correcting or modifying physio-
logical functions in humans or in animals;
9. The duration of the protection grant- b. "product" means the active ingredient
ed by the certificate should be such as or combination of active ingredients of a
to provide adequate effective protec- medicinal product;
tion. For this purpose, the holder of
both a patent and a certificate should c. "basic patent" means a patent which
be able to enjoy an overall maximum protects a product as such, a process to
of 15 years of exclusivity from the time obtain a product or an application of a
the medicinal product in question first product, and which is designated by its
obtains authorization to be placed on holder for the purpose of the procedure
the market in the Community. for grant of a certificate;
10. All the interests at stake, including d. "certificate" means the supplementary
those of public health, in a sector as protection certificate;
complex and sensitive as the pharma-
ceutical sector should nevertheless be
taken into account. For this purpose, e. "application for an extension of the du-
the certificate cannot be granted for a ration" means an application for an ex-
period exceeding five years. The pro- tension of the duration of the certificate
tection granted should furthermore be pursuant to Article 13(3) of this Regula-
strictly confined to the product which tion and Article 36 of Regulation (EC)
obtained authorization to be placed on 1901/2006 of the European Parliament
the market as a medicinal product. and of the Council of 12 December 2006
on medicinal products for paediatric use
[1].
11. Provision should be made for ap-
propriate limitation of the duration of
the certificate in the special case Article 2
where a patent term has already been Scope
extended under a specific national law,
Any product protected by a patent in the
HAVE ADOPTED THIS REGULTION: territory of a Member State and subject,
prior to being placed on the market as a
Article 1 medicinal product, to an administrative
authorisation procedure as laid down in
Definitions
Directive 2001/83/EC of the European
Parliament and of the Council of 6 No-
For the purposes of this Regulation, vember 2001 on the Community code re-
the following definitions shall apply: lating to medicinal products for human
use [2] or Directive 2001/82/EC of the Eu-
a. "medicinal product" means any sub- ropean Parliament and of the Council of 6
stance or combination of substances
presented for treating or preventing 1
OJ L 378, 27.12.2006, p. 1.
disease in human beings or animals 2
OJ L 311, 28.11.2001, p. 67.
146
November 2001 on the Community thorized before the expiry of the certifi-
code relating to veterinary medicinal cate.
products [1] may, under the terms and
conditions provided for in this Regula-
Article 5
tion, be the subject of a certificate.
Effects of the certificate
Article 3
Subject to the provisions of Article 4, the
Conditions for obtaining a
certificate shall confer the same rights as
certificate
conferred by the basic patent and shall
be subject to the same limitations and the
A certificate shall be granted if, in the same obligations.
Member State in which the application
referred to in Article 7 is submitted and
Article 6
at the date of that application:
Entitlement to the certificate
147
shall be lodged not later than two c. if the authorisation referred to in point
years before the expiry of the certifi- (b) is not the first authorisation for placing
cate. the product on the market as a medicinal
5. Notwithstanding paragraph 4, for product in the Community, information
five years following the entry into force regarding the identity of the product thus
of Regulation (EC) No 1901/2006, the authorised and the legal provision under
application for an extension of the du- which the authorisation procedure took
ration of a certificate already granted place, together with a copy of the notice
shall be lodged not later than six publishing the authorisation in the appro-
months before the expiry of the certifi- priate official publication;
cate.
d. where the application for a certificate
Article 8 includes a request for an extension of the
duration:
Content of the application for
a certificate (i) a copy of the statement indicating
compliance with an agreed completed
paediatric investigation plan as referred
1. The application for a certificate shall to in Article 36(1) of Regulation (EC) No
contain: 1901/2006;
a. a request for the grant of a certifi- (ii) where necessary, in addition to the
cate, stating in particular: copy of the authorisation to place the
(i) the name and address of the appli- product on the market as referred to in
cant; point (b), proof of possession of authori-
(ii) if he has appointed a repre- sations to place the product on the mar-
sentative, the name and address of the ket of all other Member States, as re-
representative; ferred to in Article 36(3) of Regulation
(EC) No 1901/2006.
(iii) the number of the basic patent and
the title of the invention;
(iv) the number and date of the first 2. Where an application for a certificate is
authorisation to place the product on pending, an application for an extended
the market, as referred to in Article duration in accordance with Article 7(3)
3(b) and, if this authorisation is not the shall include the particulars referred to in
first authorisation for placing the prod- paragraph 1(d) of this Article and a refer-
uct on the market in the Community, ence to the application for a certificate
the number and date of that authorisa- already filed.
tion;
3. The application for an extension of the
duration of a certificate already granted
b. a copy of the authorisation to place shall contain the particulars referred to in
the product on the market, as referred paragraph 1(d) and a copy of the certifi-
to in Article 3(b), in which the product cate already granted.
is identified, containing in particular the
number and date of the authorisation
and the summary of the product char- 4. Member States may provide that a fee
acteristics listed in Article 11 of Di- is to be payable upon application for a
rective 2001/83/EC or Article 14 of Di- certificate and upon application for the
rective 2001/82/EC; extension of the duration of a certificate.
148
Article 9 cation of the application for an extension
Lodging of an application for a of the duration of a certificate already
certificate granted or where an application for a cer-
tificate is pending. The notification shall
additionally contain an indication of the
1. The application for a certificate shall application for an extended duration of
be lodged with the competent industri- the certificate.
al property office of the Member State
which granted the basic patent or on
whose behalf it was granted and in Article 10
which the authorisation referred to in Grant of the certificate or rejection of the
Article 3(b) to place the product on the application for a certificate
market was obtained, unless the
Member State designates another au-
1. Where the application for a certificate
thority for the purpose.
and the product to which it relates meet
The application for an extension of the the conditions laid down in this Regula-
duration of a certificate shall be lodged tion, the authority referred to in Article
with the competent authority of the 9(1) shall grant the certificate.
Member State concerned.
2. Notification of the application for a 2. The authority referred to in Article 9(1)
certificate shall be published by the shall, subject to paragraph 3, reject the
authority referred to in paragraph 1. application for a certificate if the applica-
The notification shall contain at least tion or the product to which it relates
the following information: does not meet the conditions laid down in
this Regulation.
a. the name and address of the appli-
cant; 3. Where the application for a certificate
does not meet the conditions laid down in
Article 8, the authority referred to in Arti-
b. the number of the basic patent;
cle 9(1) shall ask the applicant to rectify
the irregularity, or to settle the fee, within
c. the title of the invention; a stated time.
d. the number and date of the authori- 4. If the irregularity is not rectified or the
zation to place the product on the mar- fee is not settled under paragraph 3 with-
ket, referred to in Article 3(b), and the in the stated time, the authority shall re-
product identified in that authorization; ject the application.
e. where relevant, the number and 5. Member States may provide that the
date of the first authorization to place authority referred to in Article 9(1) is to
the product on the market in the grant certificates without verifying that the
Community; conditions laid down in Article 3(c) and
(d) are met.
149
Article 11 Article 12
Publication Annual fees
1. Notification of the fact that a certifi- Member States may require that the cer-
cate has been granted shall be pub- tificate be subject to the payment of an-
lished by the authority referred to in nual fees.
Article 9(1). The notification shall con-
tain at least the following information: Article 13
Duration of the certificate
a. the name and address of the holder
of the certificate;
1. The certificate shall take effect at the
end of the lawful term of the basic patent
b. the number of the basic patent; for a period equal to the period which
elapsed between the date on which the
application for a basic patent was lodged
c. the title of the invention;
and the date of the first authorization to
place the product on the market in the
d. the number and date of the authori- Community, reduced by a period of five
zation to place the product on the mar- years.
ket referred to in Article 3(b) and the
product identified in that authorization; 2. Notwithstanding paragraph 1, the dura-
tion of the certificate may not exceed five
e. where relevant, the number and years from the date on which it takes ef-
date of the first authorization to place fect.
the product on the market in the
Community; 3. The periods laid down in paragraphs 1
and 2 shall be extended by six months in
f. the duration of the certificate. the case where Article 36 of Regulation
(EC) No 1901/2006 applies. In that case,
the duration of the period laid down in
2. Notification of the fact that the appli- paragraph 1 of this Article may be ex-
cation for a certificate has been reject- tended only once.
ed shall be published by the authority
referred to in Article 9(1). The notifica-
tion shall contain at least the infor- 4. Where a certificate is granted for a
mation listed in Article 9(2). product protected by a patent which, be-
fore 2 January 1993, had its term ex-
tended or for which such extension was
3. Paragraphs 1 and 2 shall apply to applied for, under national law, the term
the notification of the fact that an ex- of protection to be afforded under this
tension of the duration of a certificate certificate shall be reduced by the num-
has been granted or of the fact that the ber of years by which the term of the pa-
application for an extension has been tent exceeds 20 years.
rejected.
150
Article 14 for the revocation of the corresponding
Expiry of the certificate basic patent.
b. if the certificate holder surrenders it; 1. The extension of the duration may be
revoked if it was granted contrary to the
c. if the annual fee laid down in ac-
provisions of Article 36 of Regulation
cordance with Article 12 is not paid in
(EC) No 1901/2006.
time;
d. if and as long as the product cov-
2. Any person may submit an application
ered by the certificate may no longer
for revocation of the extension of the du-
be placed on the market following the
ration to the body responsible under na-
withdrawal of the appropriate authori-
tional law for the revocation of the corre-
zation or authorizations to place on the
sponding basic patent.
market in accordance with Directive
2001/83/ EC or Directive 2001/82/EC.
The authority referred to in Article 9(1) Article 17
of this Regulation may decide on the Notification of lapse or invalidity
lapse of the certificate either of its own
motion or at the request of a third par-
ty. 1. If the certificate lapses in accordance
with point (b), (c) or (d) of Article 14, or is
invalid in accordance with Article 15, noti-
Article 15 fication thereof shall be published by the
Invalidity of the certificate authority referred to in Article 9(1).
1. The certificate shall be invalid if: 2. If the extension of the duration is re-
voked in accordance with Article 16, noti-
fication thereof shall be published by the
a. it was granted contrary to the provi- authority referred to in Article 9(1).
sions of Article 3;
b. the basic patent has lapsed before
Article 18
its lawful term expires;
Appeals
c. the basic patent is revoked or limited
to the extent that the product for which
the certificate was granted would no The decisions of the authority referred to
longer be protected by the claims of in Article 9(1) or of the bodies referred to
the basic patent or, after the basic pa- in Articles 15(2) and 16(2) taken under
tent has expired, grounds for revoca- this Regulation shall be open to the same
tion exist which would have justified appeals as those provided for in national
such revocation or limitation. law against similar decisions taken in re-
spect of national patents.
2. Any person may submit an applica-
tion or bring an action for a declaration
of invalidity of the certificate before the
body responsible under national law
151
Article 19 application for a certificate was lodged
Procedure within six months of the date on which
the first market authorization was ob-
tained;
1. In the absence of procedural provi-
sions in this Regulation, the procedural
provisions applicable under national c. any medicinal product protected by a
law to the corresponding basic patent valid basic patent and for which the first
shall apply to the certificate, unless the authorization to place it on the market as
national law lays down special proce- a medicinal product was obtained in Es-
dural provisions for certificates. tonia prior to 1 May 2004 may be granted
a certificate, provided that the application
for a certificate was lodged within six
2. Notwithstanding paragraph 1, the
months of the date on which the first
procedure for opposition to the grant-
market authorization was obtained or, in
ing of a certificate shall be excluded.
the case of those patents granted prior to
1 January 2000, within the six months
Article 20 provided for in the Patents Act of October
Additional provisions relating to the 1999;
enlargement of the Community
d. any medicinal product protected by a
Without prejudice to the other provi- valid basic patent and for which the first
sions of this Regulation, the following authorization to place it on the market as
provisions shall apply: a medicinal product was obtained in Cy-
prus prior to 1 May 2004 may be granted
a certificate, provided that the application
a. any medicinal product protected by for a certificate was lodged within six
a valid basic patent and for which the months of the date on which the first
first authorization to place it on the market authorization was obtained; not-
market as a medicinal product was ob- withstanding the above, where the mar-
tained after 1 January 2000 may be ket authorization was obtained before the
granted a certificate in Bulgaria, pro- grant of the basic patent, the application
vided that the application for a certifi- for a certificate must be lodged within six
cate was lodged within six months months of the date on which the patent
from 1 January 2007; was granted;
152
ruary 1994 and for which the first au- of applying for a certificate shall be open
thorisation to place it on the market as for a period of six months starting no later
a medicinal product was obtained in than 1 January 2007;
Lithuania prior to 1 May 2004 may be
granted a certificate, provided that the
k. any medicinal product protected by a
application for a certificate was lodged
valid basic patent and for which the first
within six months from 1 May 2004;
authorization to place it on the market as
a medicinal product was obtained in Slo-
g. any medicinal product protected by venia prior to 1 May 2004 may be grant-
a valid basic patent and for which the ed a certificate, provided that the applica-
first authorisation to place it on the tion for a certificate was lodged within six
market as a medicinal product was ob- months from 1 May 2004, including in
tained after 1 January 2000 may be cases where the period provided for in
granted a certificate in Hungary, pro- Article 7(1) has expired;
vided that the application for a certifi-
cate was lodged within six months
l. any medicinal product protected by a
from 1 May 2004;
valid basic patent and for which the first
authorization to place it on the market as
h. any medicinal product protected by a medicinal product was obtained in Slo-
a valid basic patent and for which the vakia after 1 January 2000 may be grant-
first authorization to place it on the ed a certificate, provided that the applica-
market as a medicinal product was ob- tion for a certificate was lodged within six
tained in Malta prior to 1 May 2004 months of the date on which the first
may be granted a certificate. In cases market authorization was obtained or
where the period provided for in Article within six months of 1 July 2002 if the
7(1) has expired, the possibility of ap- market authorization was obtained before
plying for a certificate shall be open for that date.
a period of six months starting no later
than 1 May 2004;
Article 21
Transitional provisions
i. any medicinal product protected by a
valid basic patent and for which the
first authorization to place it on the 1. This Regulation shall not apply to cer-
market as a medicinal product was ob- tificates granted in accordance with the
tained after 1 January 2000 may be national legislation of a Member State
granted a certificate in Poland, provid- before 2 January 1993 or to applications
ed that the application for a certificate for a certificate filed in accordance with
was lodged within six months starting that legislation before 2 July 1992.
no later than 1 May 2004; With regard to Austria, Finland and Swe-
den, this Regulation shall not apply to
certificates granted in accordance with
j. any medicinal product protected by a
their national legislation before 1 January
valid basic patent and for which the
1995.
first authorization to place it on the
market as a medicinal product was ob- 2. This Regulation shall apply to supple-
tained after 1 January 2000 may be mentary protection certificates granted in
granted a certificate in Romania. In accordance with the national legislation
cases where the period provided for in of the Czech Republic, Estonia, Cyprus,
Article 7(1) has expired, the possibility Latvia, Lithuania, Malta, Poland, Slovenia
and Slovakia prior to 1 May 2004 and the
153
national legislation of Romania prior to cil (OJ L 378, 27.12.2006, p. 1) | Only Ar-
1 January 2007. ticle 52
-----------------------------------------------
Article 22 ANNEX II
Repeal CORRELATION TABLE
Regulation (EEC) No 1768/92 | This
Regulation (EEC) No 1768/92, as Regulation |
amended by the acts listed in Annex I, Recital 1
is repealed. Recital 1 | Recital 2
References to the repealed Regulation Recital 2 | Recital 3
shall be construed as references to
Recital 3 | Recital 4
this Regulation and shall be read in
accordance with the correlation table Recital 4 | Recital 5
in Annex II. Recital 5 | Recital 6
Recital 6 | Recital 7
Article 23 Recital 7 | Recital 8
Entry into force Recital 8 | Recital 9
Recital 9 | Recital 10
This Regulation shall enter into force Recital 10
on the 20th day following its publica- Recital 11
tion in the Official Journal of the Euro- Recital 12
pean Union.
Recital 13 | Recital 11
This Regulation shall be binding in its
entirety and directly applicable in all Article 1 | Article 1
Member States. Article 2 | Article 2
Article 3, introductory wording | Article 3,
--------------------------------------------- introductory wording
ANNEX I Article 3, point (a) | Article 3, point (a)
REPEALED REGULATION WITH Article 3, point (b), first sentence | Article
LIST OF ITS SUCCESSIVE 3, point (b)
AMENDMENTS Article 3, point (b), second sentence
(referred to in Article 22) Article 3, points (c) and (d) | Article 3,
Council Regulation (EEC) No 1768/92 points (c) and (d)
(OJ L 182, 2.7.1992, p. 1) Articles 4 to 7 | Articles 4 to 7
Annex I, point XI.F.I, of the 1994 Act of Article 8(1) | Article 8(1)
Accession (OJ C 241, 29.8.1994, p. Article 8(1a) | Article 8(2)
233) Article 8(1b) | Article 8(3)
Annex II, point 4.C.II, of the 2003 Act Article 8(2) | Article 8(4)
of Accession (OJ L 236, 23.9.2003, p.
Articles 9 to 12 | Articles 9 to 12
342)
Article 13(1), (2) and (3) | Article 13(1),
Annex III, point 1.II, of the 2005 Act of
(2) and (3)
Accession (OJ L 157, 21.6.2005, p.
56) Articles 14 and 15 | Articles 14 and 15
Regulation (EC) No 1901/2006 of the Article 15a | Article 16
European Parliament and of the Coun-
154
Articles 16, 17 and 18 | Articles 17, 18 Article 19a, point (g) | Article 20, point (h)
and 19 Article 19a, point (h) | Article 20, point (i)
Article 19 Article 19a, point (i) | Article 20, point (k)
Article 19a, introductory wording | Arti- Article 19a, point (j) | Article 20, point (l)
cle 20, introductory wording
Article 19a, point (k) | Article 20, point (a)
Article 19a, point (a), points (i) and (ii)
Article 19a, point (l) | Article 20, point (j)
Article 20, point (b), introductory word-
Article 20 | Article 21
ing, points (i) and (ii)
Article 21
Article 19a, point (b) | Article 20, point
(c) Article 22 | Article 13(4)
Article 19a, point (c) | Article 20, point Article 22
(d) Article 23 | Article 23
Article 19a, point (d) | Article 20, point Annex I
(e) Annex II
Article 19a, point (e) | Article 20, point
(f)
Article 19a, point (f) | Article 20, point
(g)
155
LAW No 3842/GG A’ 58/23.04.2010
THE PRESIDENT OF THE HELLENIC calculated based on the net profits stated
REPUBLIC based on the timely submitted income tax
statement, are deduced from the books
We hereby adopt the following law vot- kept, appear in the balance sheet and
ed for by the Hellenic Parliament: come from all the company’s activities,
after deducting profits that are exempted
........................................... from the income tax and the profits from
the participation in other companies, the
CHAPTER G. TAX INCENTIVES FOR deductions stipulated for forming the stat-
DEVELOPMENT utory reserves and the year profits actual-
ly distributed or undertaken by the part-
.......................................... ners or the entrepreneur, as well as tax-
exempt discounts for investments provid-
Article 71 ed for by development laws.
Tax Incentives for Patents
In case of sociétés anonymes and limited
1. The profits of a company from the liability companies, the statutory reserves
sale of the products it has manufac- and the distributed profits shall be re-
tured using a patent, internationally duced to a mixed amount by the addition
acknowledged in the name of the com- of the tax applicable to them. In case of
pany and developed by it, shall be ex- companies keeping B Class books, pur-
empted from the income tax for three suant to the Greek Code on Books and
consecutive years, starting from the Records, the reserve shall be formed
year during which income was collect- from the net profits stated in the initial
ed for the first time from the sale of the statement, after deducting profit taking.
aforementioned products. The exemp- When the company collects income not
tion shall be also granted when the falling under the provisions hereof, the
products are manufactured in third par- profits exempted from taxation shall be
ty’s facilities. Moreover, it also applies the part of the aforementioned profits cor-
to profits coming from the provision of responding to the income from the sale of
services, when it regards exploitation the products or the provision of the ser-
of a patent, also internationally vices cited in paragraph 1.
acknowledged.
4. The tax-exempt reserves formed pur-
2. By decision of the Minister of Educa- suant to the previous paragraph shall be
tion, Life-long Training and Religious subject to taxation under the general pro-
Affairs, the company that is subject to visions of the Code on Income Taxation,
the provisions of this Article for the by the part each time distributed, capital-
specific product or type of service pro- ized or undertaken.
duced or provided, as the case may
be, shall be approved following a re- 5. By a joint decision of the Minister for
quest submitted to the competent ser- Finance and the Minister for Education,
vice of the aforementioned Ministry. Life-Long Training and Religious Affairs,
the patent certification bodies, the condi-
3. Tax exempted profits shall appear in tions, the terms, the procedure and any
a tax-exempt reserves’ account and be other necessary details for the application
156
of the provisions hereof shall be de- 6. The provisions hereof shall apply to
termined. If such decision is not is- sales of products or provision of services
sued, the provisions hereof shall not falling under this Article and taking place
enter in effect. from 1st January 2010 and thereafter,
157
MINISTERIAL DECISION No 11970/B0012/POL.1203/10
(GG 2147 B/31.12.2010)
158
1. For the needs of the article 71 of Law rials, at a rate of thirty per cent (30%)
No. 3842/2010, an “internationally rec- and more.
ognized patent” is defined as one which
has been granted and falls under at 5. The application for compliance is
least one of the following cases: submitted by the interested enterprise to
the General Secretariat of Research and
a. European Patent that is granted by Technology of the Ministry of Education,
the European Patent Office (EPO) and Lifelong Learning and Religious Affairs,
has been consolidated in Greece. which forwards it onto OBI. After thor-
oughly examining the adduced support-
b. Patent Certificate consolidated by the ing documentation, OBI ascertains that
Industrial Property Organization (OBI) for the manufacture of the product or the
(excluded the Utility Model Certificates ), rendering of a service, the international-
which has also been consolidated in one ly recognized patent has been used dur-
more countries, a) that has acceded to ing the year that the enterprise present-
the European Patent Convention (EPC) ed income for the first time due to the
or collaborates in framework, or b) that sale of products or the rendering of ser-
is a member of the OECD or an acces- vices. It also ascertains that the interna-
sion candidate country or an enhanced tionally recognized patent has been de-
engagement country. veloped by the enterprise, pursuant to
Patent Certificates must be valid at least the provisions herein and it issues a jus-
until the last usage date for which the tified positive or negative pronounce-
income tax exemption has been re- ment, which it forwards to the General
quested. Secretariat of Research and Technology
for an approbated or rejected decision to
2. The Industrial Property Organisation be issued by the Minister of Education,
(OBI), which was founded with the arti- Lifelong Learning and Religious Affairs.
cle 1 of Law 1733/87, shall be the certi- For this process, OBI may also use ex-
fication body of the internationally rec- ternal experts.
ognized and valid patents. The adduced supporting documentation,
which must be legally attested, includes
3. The provisions of the article 71 of a copy of the Patent Certificate as well
Law No. 3842/2010 also concern newly- as its validity certification or a receipt of
established or subordinate enterprises paid fees to the competent patent office
to which the founder, shareholder or for the uses that the tax exemption is
partner (natural or legal entity) contrib- requested. Documents pertaining from a
ute an internationally recognized patent, foreign country must bear the Apostille
during their establishment or increase of stamp (Hague Convention, 5 October
their share or company capital, pursuant 1961), according to the provisions of
to the provisions herein. Law No. 1497/1984 (A 188) or a confir-
The valuation of the contribution shall be mation by the Greek Consular or Diplo-
conducted by the commission of the ar- matic Authority.
ticle 9 of Legislative Law 2190/ 1920. The examination process concerning
the prerequisites for compliance to arti-
4. When the internationally recognized cle 71 of Law No. 3842/2010, incurs a
patent concerns a part or component of fee which is levied by OBI and is deter-
the manufactured product, this patent mined by the decision of OBI’s Adminis-
must contribute to the cost that repre- trative Council. No application will be
sents the product’s manufacturing mate- accepted if it is not accompanied by a
159
fee payment slip. In case of rejection of 3842/2010; the product or service that is
the application, the fee is not refunded. manufactured or rendered, respectively;
The applicant enterprise must present as well as the uses for which the above
all necessary evidence to prove that all mentioned regulation is valid.
preconditions of the law and the present
decision are met. Furthermore, the decision will be notified
to the Public Economy Service that the
6. The decision granted by the Ministry enterprise belongs.
of Education, Lifelong Learning and Re-
ligious Affairs will include the name of This decision to be published in the
the enterprise that shall fall under the Government Gazette.
provisions of article 71 of Law No.
160
LAW No 3966 (GG A’ 118, 24.05.2011)
161
support its claims of infringement or its proportionality, which is filed with the
threat of infringement of the rights pro- action or and on its own within the con-
vided for under this law, and has, in text of a case concerning an infringe-
substantiating those claims, specified ment of rights provided for under the
evidence which lies in the control of the present law, the president of the multi-
opposing party, the court may order, on member court or the judge of the single-
application by the party, that such evi- member court, trying pursuant to the
dence be presented by the opposing proceedings provided for under articles
party. The existence of a substantial 686 et seq. of the Hellenic Code of Civil
number of copies, the other circum- Procedure, may, prior to the hearing of
stances of the case having been con- the case, order that information on the
sidered, shall be considered to consti- origin and distribution networks of the
tute reasonable evidence. If a party is goods or services which infringe a right
summoned to produce the evidence provided for under this law be provided
provided for under the first clause and by the infringer. The same may be or-
unjustifiably fails to produce such evi- dered against any other person who (a)
dence, the claims of the party that was found in possession of the infring-
sought the production or communication ing goods on a commercial scale, (b)
of such evidence shall be considered as was found to be using the infringing ser-
confessed. vices on a commercial scale, (c) was
found to be providing on a commercial
scale services used in infringing a right
2. Under the conditions provided for un- or (d) was indicated by the person re-
der the first clause of the previous para- ferred to in point (a), (b) or (c) as being
graph, in the case of infringement com- involved in the production, manufacture
mitted on a commercial scale, the court or distribution of the goods or the provi-
may also order, on application by a par- sion of the services. Any party that un-
ty, the notification of banking, financial justifiably violates an order of the court
or commercial documents in the control as provided for under the present para-
of the opposing party. The existence of graph shall be sentenced to pay, in ad-
a substantial number of copies, the oth- dition to the legal costs, a monetary
er circumstances of the case having penalty of up to one hundred thousand
been considered, shall be considered to (100,000.00) Euros, which shall be de-
constitute reasonable evidence of an posited in a public fund.
infringement on a commercial scale. If a
party is summoned to produce the doc-
uments provided for under the first 5. The information referred to in para-
clause and unjustifiably fails to produce graph 4 shall, as appropriate, comprise
such evidence, the claims of the party (a) the names and addresses of the
that sought the production or communi- producers, manufacturers, distributors,
cation of such evidence shall be consid- suppliers and other previous holders of
ered as confessed. the goods or services, as well as the in-
tended wholesalers and retailers, (b) in-
formation on the quantities produced,
3. In any case, the court shall ensure manufactured, delivered, received or or-
the protection of confidential infor- dered, as well as the price obtained for
mation. the goods or services in question.
162
(a) grant the rightholder rights to receive
fuller information, (b) govern the use in 2. The court may issue against the al-
civil or criminal proceedings of the in- leged infringer injunction measures in-
formation communicated pursuant to tended to prevent any imminent in-
paragraphs 2 and 3 of this article, (c) fringement of the rights provided for un-
govern responsibility for misuse of the der this law or to forbid, on a provisional
right of information, or (d) afford an op- basis and subject, where appropriate, to
portunity for refusing to provide infor- a penalty payment provided for under
mation which would force the person re- article 947 of the Hellenic Code of Civil
ferred to in paragraph 4 to admit to Procedure the continuation of the in-
his/her own participation or that of fringement, for each infringement or
his/her close relatives in an infringement continuation of the infringements of such
of rights provided for under this law or rights. In ascertaining that the conditions
(e) govern the protection of confidentiali-
for the activation of the obligation to pay
ty of information sources or the pro- a monetary penalty have been met, pur-
cessing of personal data. suant to the injunction measure ordered
or the relative provision of paragraph 2
7. If the party responsible to provide in- of article 691 of the Hellenic Code of
formation provides inaccurate infor- Civil Procedure, the procedure provided
mation intentionally or with negligence, for by articles 686 et seq. of the Hellenic
he/she is liable for damages that were Code of Civil Procedure shall apply. The
caused for this reason. court may make such continuation sub-
ject to the lodging of guarantees intend-
ed to ensure the compensation of the
Article 17B rightholder. The court may also order
(Articles 7 and 9 of Directive the precautionary seizure or judicial se-
2004/48/EC) questration of the goods suspected of
Precautionary evidence and other infringing rights provided for under this
injunction measures law so as to prevent their entry into or
movement within the channels of com-
merce.
1. In case of alleged infringement of a
right protected under this law, the Sin-
gle-Member Court of First Instance shall 3. In the case of an infringement com-
order, as an injunction measure, the mitted on a commercial scale, the court
precautionary seizure of items in the may order, as an injunction measure,
possession of the alleged infringer that the precautionary seizure of the property
constitute means of commitment or of the alleged infringer, including the
product or evidence of the infringement. blocking of his bank accounts. To that
Instead of precautionary seizure, the end, the court may order any holder of
court may order the detailed description such relevant information to communi-
of such items, including the taking of cate bank, financial or commercial doc-
photographs. In cases provided for un- uments, or ensure appropriate access to
der the present paragraph, paragraph 1 the relevant information.
of article 687 of the Hellenic Code of
Civil Procedure shall be applied and, as
appropriate, a provisional order shall be 4. The decision on the injunction
issued pursuant to paragraph 2 of article measures referred to in paragraphs 2
691 of the Hellenic Code of Civil Proce- and 3 may, in appropriate cases, be
dure. taken without the defendant having
163
been heard as provided for under para- cant or where it is subsequently found
graph 1 of article 687 of the Hellenic that there has been no infringement or
Code of Civil Procedure, in particular threat of infringement of the rights pro-
where any delay would cause irrepara- vided for under this law, the court may
ble harm to the rightholder. In that order the applicant, if he acted abusive-
event, the decision or the order of the ly, upon request of the defendant, to
court is not notified to the defendant be- provide the defendant appropriate com-
fore or during its enforcement, it shall be pensation for any injury caused by those
notified on the first business day follow- measures.
ing the enforcement, otherwise, any rel- Article 17C
evant procedural acts shall be null and (Article 12 of Directive 2004/48/EC)
void. Alternative measures
164
the rightholder by the infringement, or 2. The Industrial Property Organisation
(b) as an alternative to clause (a), may, is designated the national correspond-
in appropriate cases, set the compensa- ent for any question relating to the rights
tion as a lump sum on the basis of ele- provided for under the present law.
ments such as at least the amount of
royalties or fees which would have been
Article 17F
due if the infringer had requested au-
(Article 4 of Directive 2004/48/EC)
thorisation to use the infringed right.
Persons entitled to apply for the
application of measures
2. In the cases provided for under the
present law, the general legal costs and The application of the measures provid-
expenses shall mandatorily include any ed for under paragraph 1 of article 17
other relative expenditure reasonably and articles 17A, 17B, 17C, 17D and
incurred by the successful party, such 17E may also be sought by:
as witness costs, attorney fees, fees of
a. all other persons authorised to use
the experts and technical consultants of
those rights, in particular licensees, in
the parties and expenses for finding the
accordance with the provisions in force.
infringers. In all other cases, the provi-
sions set forth in articles 173 et seq. of b. professional defence bodies that are
the Hellenic Code of Civil Procedure regularly recognised as having a right to
shall apply. represent holders of intellectual property
rights, in accordance with the provisions
in force.
3. The court, on application by the par-
ty, may allow it to publish all or part of
the decision concerning rights protected Article 17G
under the present law in the media or on Application on other industrial
the internet at the expense of the un- property rights
successful party.
Paragraph 1 of article 17 and articles
Article 17E 17A, 17B, 17C, 17D, 17E and 17F also
(Articles 17 and 19 of Directive apply to the protection of holders of an
2004/48/EC) entitlement to a supplementary protec-
Codes of conduct and Exchange of in- tion certificate for medicinal products
formation and supplementary protection certificate
for plant protection products, holders of
1. The interested trade or professional statements of extension of the force of a
associations develop codes of conduct supplementary protection certificate for
aimed at contributing on a national, paediatric medicines and holders of enti-
Community or international level to- tlements to plant varieties, designations
wards the enforcement of the rights pro- of origin and geographical indications.”
vided for under the present law. The
3. Paragraph 1 of article 17 of Presiden-
codes of conduct and any evaluations of
tial Decree 45/1991 (published in the
the application of these codes of con-
Government Gazette A’ 24) is replaced
duct are submitted to the Commission of
as follows:
the European Union.
“1. In any case of an infringement or
threatened infringement of exclusive
rights that emanate from a protected to-
165
pography, the holder of such topography “The provisions set forth in paragraphs
(rightholder) may request the lifting of 3, 4, 5, 6 and 7 of article 17 of Hellenic
the infringement and its omission in the Law 1733/1987, as well as those set
future. The lifting of the infringement forth in articles 17A to 17F of the same
may include, on application by the law, are accordingly applied.”
rightholder, indicatively and not restric-
tively, (a) the recall of the goods that 5. Paragraph 1 of article 28 of Hellenic
were found to be infringing a right pro- Presidential Decree 259/1997 (pub-
vided for under the present decree and, lished in Hellenic Government Gazette
as in appropriate cases, materials prin- A’ 185) is replaced as follows:
cipally used in the creation or manufac- “1. In any case of an infringement or
ture of these goods from the channels of threatened infringement of a registered
commerce, (b) the definitive removal of design or specimen, the holder of such
these goods and materials from the design or specimen (rightholder) may
channels of commerce or (c) the de- request the lifting of the infringement
struction of these goods and materials. and its omission in the future. The lifting
In considering the application of the pre- of the infringement may include, on ap-
vious clause, the need for proportionality plication by the rightholder, indicatively
between the seriousness of the in- and not restrictively, (a) the recall of the
fringement and the remedies ordered, goods that were found to be infringing a
as well as the interests of third parties, right provided for under the present law
shall be taken into account. The and, as in appropriate cases, materials
measures provided for under the second principally used in the creation or manu-
clause are carried out at the expense of facture of these goods from the chan-
the infringer, unless particular reasons nels of commerce, (b) the definitive re-
are invoked for not doing so. The moval of these goods and materials
rightholder may also exercise the rights from the channels of commerce or (c)
provided for under the first clause of the the destruction of these goods and ma-
present paragraph against intermediar- terials. In considering the application of
ies whose services are used by a third the previous clause, the need for pro-
party to infringe the rights provided for portionality between the seriousness of
under the present law (articles 10 and the infringement and the remedies or-
11 of Directive 2004/48/EC). For each dered, as well as the interests of third
act of omission contributing to an in- parties, shall be taken into account. The
fringement, the court may impose a measures provided for under the second
monetary penalty of up to ten thousand clause are carried out at the expense of
(10,000.00) Euros in favour of the the infringer, unless particular reasons
rightholder, while in all other cases arti- are invoked for not doing so. The
cle 947 of the Hellenic Code of Civil rightholder may also exercise the rights
Procedure shall apply. In establishing provided for under the first clause of the
the infringement of the obligation not to present paragraph against intermediar-
act provided for under the preceding ies whose services are used by a third
clause, the procedure provided for un- party to infringe the rights provided for
der articles 686 et seq. of the Hellenic under the present law (articles 10 and
Code of Civil Procedure is applied.” 11 of Directive 2004/48/EC). For each
act of omission contributing to an in-
4. Paragraph 3 of article 17 of Hellenic fringement, the court may impose a
Presidential Decree 45/1991 (published monetary penalty of up to ten thousand
in Hellenic Government Gazette A’ 24) (10,000.00) Euros in favour of the
is replaced as follows: rightholder, while in all other cases arti-
166
cle 947 of the Hellenic Code of Civil Article 61
Procedure shall apply. In establishing Entry into force
the infringement of the obligation not to
act provided for under the preceding 1. Article 21 and paragraph 1 of article
clause, the procedure provided for un- 60 shall enter into force on the date of
der articles 686 et seq. of the Hellenic start-up of the Industrial Property Organ-
Code of Civil Procedure is applied.” isation, which is determined pursuant to
paragraph 33 of article 20.
6. Paragraph 2 of article 28 of Hellenic
Presidential Decree 259/1997 (pub-
lished in Hellenic Government Gazette 2. Sub-paragraph (h) of paragraph 2 of
A’ 185) is replaced as follows: article 56 and paragraph 1 of article 59
“The provisions set forth in paragraphs shall enter into force on 1 September
2, 3, 4, 5, 6 and 7 of article 17 of Hel- 2010.
lenic Law 1733/1987, as well as those
set forth in articles 17A to 17F of the
same law, are accordingly applied.” 3. Paragraph 2 of article 60 shall enter
into force from the date of winding-up of
7. a. In cases pending at the time the the Hellenic Organisation for the Publi-
present law enters into force, the pro- cation of Text Books (ΟΕΔΒ), namely 31
cedural acts that have not been car- December 2011, pursuant to paragraph
ried out are carried out in accordance 1 of article 33.
with the provisions of that law.
b. The duration of the deadlines that
had begun prior to the entry into force 4. Paragraph 15 of article 59 and para-
of this law is estimated in accordance graph 3 of article 60 shall enter into
with the provisions set forth in that force on 1 January 2011.
law only if the stipulated duration of
those deadlines is greater than that
provided for under the provisions that 5. All other provisions set forth in the
were in force. present law shall enter into force on the
date of its publication in the Hellenic
Government Gazette, unless it is other-
wise provided for in the distinct provi-
sions thereof.
167
PRESIDENTIAL DECREE 46/23.04.2012 (GG A’ 95)
“Amendment of Presidential Decree 77/1988 (GG A’ 33) in application of the Act
revising the Convention on the Grant of European Patents of 29 November 2000
that was ratified with Law 3396/2005 (GG A’ 246)”
THE PRESIDENT
OF THE HELLENIC REPUBLIC Article 1
Article 2 of Presidential Decree 77/1988
is replaced as follows:
Having regard to:
“Article 2
1. The provisions of paragraph 10 of ar- Definitions
ticle 23 of Law 1733/1987 on the ‘Trans-
fer of technology, inventions and tech- For the application of the present Presi-
nological innovation and establishment dential Decree, the following terms shall
of the Atomic Energy Commission’ (Go- have the meanings provided for herein
vernment Gazette A’ 171), below:
2. The provisions of paragraph 1 of arti- i. ‘OBI’ means the Industrial Property
cle 8 of Presidential Decree 189/2009 Organisation, which has its registered
on the ‘Definition and re-distribution of offices in Athens (article 1 of Law
the competencies of Ministers’ (Go- 1733/1987).
vernment Gazette A’ 221), as it was re- j. ‘Convention’ means the Convention
placed with article 4 of Presidential De- on the Grant of European Patents that
cree 24/2010 on the ‘Re-definition of the was ratified by Greece with Law
competencies of Ministers and amen- 1607/1986 (Government Gazette A’ 85).
dments of Presidential Decree k. ‘Revision Act’ means the Act revising
189/2009' (GG A’ 56), the Convention on the Grant of Euro-
3. The provisions of article 90 of the pean Patents (European Patent Con-
Code on Government and Government vention of 5 October 1973, which was
Bodies that was ratified with the first ar- amended on 17 December 1991) of 29
ticle of Presidential Decree 63/2005 November 2000 that was ratified by
(Government Gazette A’ 98), Greece with Law 3396/2005 (Govern-
ment Gazette A’ 246).
4. Presidential Decree 22/2012 on the l. ‘EPO’ means the European Patent
‘Appointment of Ministers and Deputy Organisation as it is defined in the Con-
Ministers’ (GG A’ 47), vention, as said convention was amen-
5. The fact that the provisions of the ded with the Revision Act.
present Presidential Decree do not bur- m. ‘EPO’ means the European Patent
den the federal budget, Office as it is defined in the Convention,
as said convention was amended with
6. Opinion Nos 236/2009 and 261/2011 the Revision Act.
of the Council of State with a proposal of n. ‘European application’ means an ap-
the Minister of Education, Lifelong Lear- plication for the grant of a European pa-
ning and Religious Affairs, tent.
we hereby decide:
168
o. ‘Bulletin’ means the Industrial Pro- e. Particulars that confirm the appli-
perty Bulletin that is issued by the OBI cant’s identity or particulars that contain
(article 4 of Law 1733/1987). the applicant’s contact information.
p. ‘Certified translation’ means the f. A description of the invention or ref-
translation that was done by a lawyer or erence to a previously submitted appli-
authority that has the right to ratify trans- cation for the grant of a European pa-
lations.” tent.”
Article 4
Article 2
Article 5a is inserted after article 5 of
Article 4 of Presidential Decree 77/1988 Hellenic Presidential Decree 77/1988 as
is replaced as follows: follows:
“Article 4 “Article 5a
Language of the application Priority Right
3. The application for the grant of a Eu- 3. Pursuant to article 87 of the Conven-
ropean patent may be completed in any tion, as said article was amended with
language. If the application is not com- paragraph 34 of article 1 of the Revision
pleted in one of the official languages of Act, within the framework of the proce-
the EPO, in other words German, En- dure for the grant of a European patent,
glish or French, it must be translated in- the priority right that the applicant or his
to one of said official languages, pur- successor in title enjoys concerns all
suant to the provisions of the Conven- prior regular filings, regardless of
tion, as said convention was amended whether these were filed in a state party
with the Revision Act. to the Paris Convention for the Protec-
4. Natural or legal persons who have tion of Industrial Property of 20 March
their place of residence or registered of- 1883 (as said convention has been re-
fices in Greece, as well as Greek ci- vised) that was ratified with the first arti-
tizens who reside abroad, and file cer- cle of Law 213/1975 (Government Ga-
tain documents with the EPO in Greek zette A’ 258) on the ratification of the
are entitled to a refund of the fees that Paris Convention of 1883 for the Protec-
are due pursuant to the provisions of the tion of Industrial Property, as said con-
Convention, as said convention was vention was revised in Stockholm on 14
amended with the Revision Act.”. July 1967, or in a Member of the World
Trade Organisation.
4. In application of articles 1 and 3 of
Article 3 the Agreement on Trade-Related As-
pects of Intellectual Property Rights that
Article 5 of Presidential Decree 77/1988 is contained in Law 2290/1995 on the
is replaced as follows: ‘Ratification of the final act concerning
the results of the multilateral commercial
“Article 5
negotiations carried out in the frame-
Documents of the application
work of the Uruguay Round’ (Govern-
The European application must include ment Gazette A’ 28), paragraph 1 of the
at least the following documents: present article, for reasons of reciprocity
d. A statement with which the grant of a and equal treatment, also applies in the
European patent is requested. case the priority right is invoked during
the procedure for the filing of applica-
169
tions for the grant of a patent or utility Article 8
model with the OBI pursuant to Law Article 12a is inserted after article 12 of
1733/1987.” Presidential Decree 77/1988 as follows:
“2.The translation and the documents 14. For the authenticity of the text
that are attached thereto shall be ac- provided for under paragraph 1 of the
cepted by the OBI provided they meet present article, articles 14 and 15 of the
the typical conditions of presentation of present Presidential Decree shall apply.
designs and documents of articles 8 and 15. If an act for forfeiture is pub-
9 of decision No. 15928/ΕΦΑ/ lished, pursuant to article 16 of Law
1253/24.12.1987 of the Minister of In- 1733/1987, prior to the date of publica-
dustry, Energy and Technology.” tion of the announcement of the deci-
170
sion on the limitation or revocation of a surcharges provided for under the law,
European patent in the European Patent shall be paid to the OBI
Bulletin, the OBI shall record ex officio 5. The above fees shall be paid in
the announcement of the decision of the accordance with the terms and proce-
EPO on the limitation or revocation of dure provided for under sub-paragraph
the European patent in the Register of (g) of paragraph 10 of article 2 and arti-
Patents, Volume B’, with the indication cle 24 of Law 1733/1987 and the
‘European’. Particulars of this an- amounts that correspond to those
nouncement are published in the Bulle- amounts that are paid in the case of late
tin. payment are paid in accordance with the
16. The decision on the limitation or last clause of paragraph 2 of article 24
revocation of a European patent enters of Law 1733/1987.
into effect from the date of publication of 6. The OBI shall record in the Reg-
the announcement of the decision in the ister of Patents, Volume B’, with the in-
European Patent Bulletin. dication ‘European’, the announcement
17. The European patent is deemed of the decision of the EPO on the rein-
as not having ab initio the rights, in part statement of the European patent. Par-
or in whole, provided for under article 64 ticulars of this announcement are pub-
of the Convention, as said convention lished in the Bulletin”.
was amended with the Revision Act, if
for said patent a decision for limitation or
revocation has been published pursuant Article 10
to paragraph 7 of the present article.
Sub-paragraph (b) of article 20 of Presi-
18. In all other cases, the provisions dential Decree 77/1988 is replaced as
provided for hereunder shall apply.” follows:
“b. The European application was filed
in Greek and its translation, pursuant
Article 9 to paragraph 2 of article 14 of the
Article 18a is inserted after article 18 of Convention, as it was amended with
Presidential Decree 77/1988 as follows: paragraph 3 of article 1 of the Revi-
sion Act, was not filed with the EPO
“Article 18a within a deadline of two (2) months
Retroactive payment of annual fees of the date of filing of the application
for the grant of a European patent.”
4. In the case of acceptance by the
Enlarged Board of Appeal of the Euro-
pean Patent Office of a petition for re- Article 11
view of a prior decision of the Board of The second clause of the first paragraph
Appeal of the party adversely affected of article 21 of Presidential Decree
pursuant to article 112a of the Conven- 77/1988 is replaced as follows:
tion, as said article was completed with
paragraph 55 of article 1 of the Revision “Articles 135 and 137 of the Convention,
Act, and reinstatement of a revoked Eu- as said articles were amended with par-
ropean patent with a subsequent deci- agraphs 72 and 74, respectively, of arti-
sion of the Board of Appeal of the EPO, cle 1 of the Revision Act, apply accord-
the annual fees of the previous years of ingly.”
protection that are due, together with the
171
Article 12 be accompanied by the corresponding
publications in the Bulletin.
Paragraph 1 of article 23 of Hellenic
Presidential Decree 77/1988 is replaced 2. The ratified copy provided for under
as follows: paragraph 1 of the present article, which
bears the title ‘Confirmation of registra-
“1. The OBI shall record in the Register
tion in the Registers of the OBI, is pro-
of Patents, Volume B’, with the indica-
vided on the same day for use before
tion ‘European’, the particulars that con-
the EPO within the framework of the
cern European patents and that are rec-
proceedings for the limitation or revoca-
orded in the Register of European Pa-
tion of a European patent.
tents, pursuant to article 127 of the
Convention, as said article was amend- 3. The ratified copy provided for under
ed with paragraph 65 of article 1 of the paragraph 1 of the present article is ac-
Revision Act.” companied by its translation into English
by the Services of the OBI”.
Article 13
Article 14
Article 23a is inserted after article 23 of
Entry into force
Presidential Decree 77/1988 as follows:
172
DECISION OF THE PRIME MINISTER AND THE MINISTER OF DEVELOPMENT,
COMPETITIVENESS, INFRASTRUCTURES, TRANSPORT AND NETWORKS
No 30376/Δ106 721/5.7.2012 (GG Β’ 2094, 6.7.2012)
173
17. Presidential Decree 86/2012 on the a. Thessaloniki International Fair SA
“Appointment of Ministers, Deputy Minis- (TIF SA);’
ters and Vice-Ministers” (Α΄ 141);
18. The fact that no expenditure derives b. HELEXPO SA;
from this Decision for the state budget, c. the Industrial Property Organisation
we decide:
d. the organisations, other bodies and
Article 1 independent authorities mentioned as
the scope of competences of para A,
The Minister of Development, Competi- with the exception of the Hellenic Fund
tiveness, Infrastructure, Transport and for Entrepreneurship and Development
Networks: SA (ETEAN SA), of L. 3912/2011 (Α΄
17).
a. determines the policy of the Ministry
in the framework of the decisions of the Article 3
Cabinet and the other collective gov-
ernmental bodies; coordinates this poli- 1. In the framework of exercising the
cy and supervise its implementation by competences under Article, the following
the Ministerial services; are also included:
c. represents the Ministry in the Interna- b. the proposal for the issuance of indi-
tional Organizations and manages the vidual and regulatory orders;
promotion and communication of the
Ministry’s work in general in all sectors. c. the issuance of acts of individual and
regulatory character;
Article 2
d. the proposal for the issuance of or-
We assign the Deputy Minister of De- ders and the issuance of acts jointly with
velopment, Competitiveness, Infrastruc- other Ministers, Deputy Ministers and
ture, Transport and Networks, Mr. Atha- Vice Ministers
nasios Skordas, the following compe-
tences: e. the participation in the collective gov-
ernment bodies;
Α. the application of the competences of
the: f. the establishment and setting-up of
Committees and Work Groups, paid or
a. General Secretariat of Industry; not;
174
4. The Minister is competent for the lift-
3. The competences stipulated in Article ing of any doubts regarding the compe-
2 do not include the appointment of the tence of any body of the Ministry of De-
administration of the supervised bodies velopment, Competitiveness, Infrastruc-
and independent authorities or the set- ture, Transport and Networks.
ting up of service councils, as well as
the questions for the for selection of Article 4
Heads of General Directorates, Divi-
sions and Independent Offices, their as- This decision enters into force from the
signment and all the issues of their ser- publication date in the Government Ga-
vice status. zette.
This decision is to be published in the
Government Gazette.
175
LAW No 4144 (GG Α' 88, 18.4.2013)
176
MINISTERIAL DECISION 12625/1/2014
177
Ministers, Alternate Ministers and Depu- WE DECIDE
ty Ministers»
CHAPTER ONE
14. Decision no 54169/31-10-2014 GENERAL PROVISIONS
[GG 2944/Β/3.11.2014] of the Prime
Minister and the Minister for Develop- Article 1
ment and Competitiveness for delegat- Scope
ing powers to the Deputy Minister of De- This ministerial decision aims to estab-
velopment and Competitiveness, Mr. lish the conditions and technical re-
Odysseas Konstantinopoulos quirements for the safe electronic distri-
15. Decision no 54248/ 30.10.2014 [GG bution of documents to and from OBI
676/ΥΟΔΔ/ 3.11.2014] of the Prime Min- using information and communication
ister and the Minister for Development technologies (ICT) and implementing
and Competitiveness for appointing Mr electronic filing of applications of indus-
Georgios Stergiou to the post of revoca- trial designs or models.
ble General Secretary of Industry Article 2
16. Ministerial Decision no Application field
15928/EFA/1253/13.12.1987 [GG 1. This Ministerial Decision shall be ap-
778/Β/31.12.1987] «Filing of applica- plied for all kinds of titles, certificates,
tions for granting patents or utility model certifications, copies and documents of
certificates with O.B.I. and keeping of correspondence or information issued
record books». by the OBI, under the current legislation
17. Document No. 4579/ 09.05.2014 in the framework of its powers.
registered at the Deputy Minister's Of- 2. This Ministerial Decision shall not
fice submitting OBI's request for issu- apply to documents or certificates for
ance of an MD on "Electronic distribu- inventions classified as temporarily or
tion of documents to and from the Indus- permanently confidential, pursuant to
trial Property Organization (OBI) and Law 4325/1963 (Α’ 156).
electronic filing of industrial design or
model registration" and the attached
therein abstracts of the Board minutes Article 3
no. 07 dated 04.10.2014 Definitions
18. The set of actions of the Quality Pol- For the purposes of this Decision:
icy Directorate of the General Secretari-
a. «ΟΒΙ» or «Organisation» is the Indus-
at for Industry before the date when the
trial Property Organization based in
PD 116/2014 enters into force and the
Athens (Article 1 law 1733/1987).
undertaking of OBI supervision by the
Department for Business Innovation and b. «ICT» are the Information and Com-
New Technologies munication Technologies.
19. The fact that the decision does not c. «System», is the ICT system used by
incur any expenses on the state budget. the Industrial Property Organisation.
178
d. «Advanced electronic signature», is cessible to all interested parties, such as
the electronic signature, which meets documents and other instructions or in
the following conditions: a) is uniquely case of OBI’s search engine results re-
linked to the signatory, b) is capable of garding applications or industrial proper-
determining the identity of the signatory ty titles, pursuant to the current legisla-
in a special and exclusive manner, c) is tion.
created using means that the signatory
can maintain under his/her sole control Article 5
and d) is connected to the data to which Electronic mail
it relates in such a manner that it can The copies of published applications or
identify any subsequent change of the titles, the provisions of technological in-
data formation, or the answers to questions
e. «Signatory», is the natural or legal regarding Organisation’s services may,
person who holds the signature creation upon request of the interested party, be
device and acts either in his/her own sent via email. In this case the relevant
name or in the name of another natural request is to be sent to OBI via email by
or legal person or entity the concerned party at Organisation’s
email address and it constitutes the ex-
f. «Time stamp»: Sequence of charac- press consent of that party to use this
ters or figures that indicate safely the specific e-mail address for reception of
date and time when an act or action oc- any OBI’s response.
curred and is issued by means of a time-
stamping service provider
Article 6
g. «Exact time»: The reference to data Proof of disclosure of documents
which determine the year, month, date,
hour, minute and second. For OBI, in OBI shall, obligatorily, and for any elec-
accordance with the provisions herein, tronic transmission, issue proof of dis-
the exact time is determined by the Na- patch of any document comprising of, at
tional Greek time, pursuant to Article 41 least, the document that was sent, iden-
(1) of law 4155/2013 on National e- tification of the signatory as the sender
procurement system and other provi- on the part of the OBI, the details of the
sions (Α’ 120). recipient's identity or the identity of
his/her legal representative and the ex-
act time of sending the document.
CHAPTER TWO
MEANS OF ELECTRONIC Article 7
COMMUNICATION WITH OBI Certified electronic communication
179
changes, according to the current legis- 2. Confirmation of the identity (authen-
lation, as well as any act or decision of tication) of the transacting party is based
the Organisation having legal conse- on credentials held according to which
quences for the transacting party, it is the correctness of his/her identity is rec-
required that the transacting natural or ognized and confirmed
legal person or their legal representative
provide proof of identity and authentica- 3. In order to use an advanced electron-
tion. ic signature the transacting party should
hold a qualified certificate, which is gen-
2. The requirement of paragraph 1 erated by a secure device, pursuant to
above is met by means of using an ad- Presidential Decree 150/2001.
vanced electronic signature based on a
qualified certificate and created by a se- Article 10
cure device, pursuant to Presidential Personal mailbox
Decree 150/2001. 1. By subscribing to the services of OBI,
a personal communication account is
created between the transacting party
CHAPTER THREE and OBI and a personal mailbox is
ELECTRONIC TRANSACTION opened.
SERVICES
2. In this case any correspondence or
Article 8 communications of the Organization to
Use of electronic transaction the transacting parties are made using
services with OBI the mailbox.
The realization of any transactions in the 3. The mailbox provides automatic doc-
system is at the option of the transacting ument sending confirmation with the
party and requires compliance with cur- OBI marked as the sender.
rent system safety rules.
4. The mailbox holder and whoever is
legally authorized by him/her have ac-
Article 9 cess to electronic documents in the
Sign up for electronic mailbox.
transaction services
Article 11
1. In order to use the OBI electronic Disclosure of documents through the
transaction services the transacting par- mailbox
ty shall be registered and his/her regis-
tration shall be accompanied by the 1. It is assumed that the party transact-
necessary supporting documents and ing with OBI accesses the content of the
legal evidence to confirm their identity. disclosed document through the mailbox
The registration request constitutes a granted by OBI at the exact time of au-
declaration of intent by the operator to tomatic confirmation of dispatch as stat-
use the OBI’s electronic transaction ser- ed on the document by using the secure
vices. Time-Stamp.
180
2. All OBI mailboxes have an automatic 2. Electronic documents shall obligatori-
document sending alarm system to the ly bear a secure timestamp.
holder by use of an icon and an audible
signal. 3. The documents meeting the terms of
the above paragraphs have the same
legal and evidential value with docu-
Article 12 ments bearing a manual OBI signature
Electronic signature certificates and stamp.
181
CHAPTER FOUR of Presidential Decree No. 259/1997, in
ELECTRONIC FILING OF which case OBI gives a filing date and
APPLICATION FOR THE number.
REGISTRATION OF INDUSTRIAL
DESIGN OR MODEL
Article 17
Format of electronic documents
182
ANNEX
183
15. Presidential Decree 16/1991 “Provi- Procedures executed in Budapest on
sions implementing the convention 28 April 1977 and renewed on 26
on the patent cooperation treaty rati- September 1980”, (together with the
fied by law 1883/1990” (GG 6, Α’ of implementing Regulation) (GG 56, Α’
24.01.1991). of 06.04.1993).
16. Presidential Decree 45/1991 “Legal 22. Law No. 2202/1994 “Ratification of
Protection of topographies of semi- the act revising Article 63 of the
conductor products to comply with Convention on the Grant of Europe-
Council Directive 87/54/EEC of 16 an Patents of 5 October 1973” (GG
December 1986, as supplemented 57, Α’ of 15.04.1994).
by Council Decisions 87/532/EEC
and 88/311/EEC” (GG 24, Α’ of 23. Law 2290/1995 “Ratification of the
01.03.1991). "Final Act incorporating the results of
the multilateral trade negotiations
17. Article 2 of Presidential Decree within the framework of the Uruguay
54/1992 “Amendment to provision of Round (Agreement on Trade-Related
L. 1733/1987” “Transfer of technolo- Aspects of Intellectual Property
gy, inventions, technological innova- Rights [TRIPs]” (GG 28, Α’ of
tion and setting up of Greek Atomic 09.02.1995).
Energy Commission in compliance
with the EEC Treaty” (GG 22, Α’ of 24. Presidential Decree 415/1995 “Sup-
14.02.1992). plement to PD 45/1991 (GG 24, Α)
on legal protection of topographies of
18. Law No. 2029 “Ratification of the semiconductor products in compli-
Agreement relating to Community ance with Council Directive
Patents (together with its Annex and 87/54/EEC of 16 December 1986
the Protocols attached thereto) and and Decision 90/510/EEC as
Protocol relating to possible amend- amended by Decisions 93/17/EEC,
ment to terms for entry into force of 95/237/EC, 94/700/EC, 94/828/ EC
the Agreements relating to Commu- and its adaptation to provisions of
nity Patents concluded in Luxem- the Agreement on the European
bourg on 15 December 1989” (GG Economic Area (EEA) ratified by L.
55, Α’ of 06.04.1992). 2155/1993 (GG 238, Α’ of
16.11.1995).
19. Council Regulation (EC) No.
1768/1992 of 18 June 1992 on 25. Law No. 2359/1995 “Fiscal Consoli-
“Supplementary Protection Certifi- dation of the Hellenic Industrial De-
cate for pharmaceuticals” (EU OJ L velopment Bank S.A. (ETBA) and
182/1 of 02.07.1992). other provisions” (GG 241, Α’ of
21.11.1995).
20. Presidential Decree 232/1992 “In-
dustrial Property Organisation (OBI) 26. Regulation (EC) 240/1996 of the
exiting the public sector of 14 July “Commission of 31 January 1996 on
1992” (GG 120, Α’ of 14.07.1992). the application of Article 85, par. 3 of
the Treaty to certain categories of
21. Law No. 2128 “Ratification of the agreements on technology transfer”
Budapest Treaty on the International (EU OJ L 31/2 of 09.02.1996).
Recognition of the Deposit of Micro-
organisms for the purposes of Patent
184
27. Law No. 2385/1996 “Ratification of tion of industrial designs ratified by
Chapter II of the Patent Cooperation law 2417/1996 and provisions gov-
Treaty concluded in Washington on erning national right” (GG 185 Α’ of
19 June 1970 and amended on 2 19.09.1997).
October 1979 and 3 February 1984
and the related rules in the Imple- 34. Ministerial decision 10912/EFA/ 2333
menting Regulation of the Patent “Appointment of the Board of Direc-
Cooperation Treaty” (GG 42, Α’ of tors of the Industrial Property Organ-
07.03.1996). isation (OBI)” (GG 890 Β’ of
08.10.1997).
28. Law No. 2417/1996 “Ratification of
the Hague Agreement on interna-
tional registration of industrial de- 35. Law No. 2557 “Institutions, measures
signs of 6 November 1925, as re- and actions for cultural develop-
vised in Hague on 28 November ment”, Article 1, par. 18 (GG 271 Α’
1960 and Stockholm Act supplement of 24.12.1997).
of 14 July 1967, as amended in
Stockholm on 28 September 1979” 36. Ministerial decision No. 14905/ 3058
(GG 139 Α’ of 03.07.1996). “Filing an application with OBI for the
granting of a supplementary protec-
29. Law No. 2418/1996 “Ratification of tion certificate for plant protection
the Strasbourg Agreement on Inter- products (GG 1162 Β’ of
national Patent Classification of 24 30.12.1997).
March 1971, as amended on 28 Sep-
tember 1979" (GG 140 Α’ of 37. Ministerial Decision 3111/EFA/433,
03.07.1996). “Amendment to ministerial decision
15928/EFA/1253 (GG 778/B/
30. Regulation (EC) No. 1610/1996 of 31.12.1987) concerning: “Filing an
the European Parliament and of the application with OBI for the granting
Council dated 23 July 1996 concern- of a patent or utility model certificate
ing the creation of a supplementary and book keeping” (GG 309 Β’ of
protection certificate for plant protec- 27.03.1998).
tion products (EU OJ L 198/30 of
08.08.1996). 38. Law No. 2697/1999 “Ratification of
the Locarno Agreement on Interna-
31. Ministerial decision No. 30560/ 544 tional Classification for industrial de-
“Filing an application with OBI for the signs” (GG 62 Α’ of 01.04.1999).
granting of a supplementary protec-
tion certificate for plant protection 39. Law No. 2919 “Connecting research
products (GG 665 Β of 07.08.1997). and technology to production and
other provisions”, Article 1 (GG 128
32. Law No. 2516/1997 “Establishment Α’ of 25.06.2001).
and operation of industrial and small
business facilities and other provi- 40. Law 2943/2001 “Serving of sentenc-
sions" (GG 159 Α’ of 08.08.1997) es of drug dealers and other provi-
(Article 27). sions of the ministry for justice” (GG
203, Α’, 12.09.2001) and in particular
33. Presidential Decree 259/1997 “Pro- Articles 6 through 11 regarding es-
visions to implement the Hague tablishment and jurisdiction of com-
Agreement on international registra- munity trade marks courts trying
185
cases of inventions, industrial de- Greek legislation with the equivalent
signs and technology transfer. community legislation in the fields of
production and marketing of medi-
41. Presidential Decree No. 321 “Adap- cines for human use, in compliance
tation to Directive 98/ 44/EC of the with Directive 2001/1983/ EC on
European Parliament and of the “the Community Code relating to
Council on the legal protection of bio- medicinal products for human use”,
technological inventions” (GG 218, as amended by Directives
A’, 1.10.2001). 2004/27/EC, 2004/ 24/EC on tradi-
tional herbal medicinal products and
Article 31 of Directive 2002/1998/EC
42. Presidential Decree No. 161/ on the adoption of standards of quali-
31.05.2002 “Adaptation of ty and safety for the collection, test-
Presidential Decree 259/1997 to the ing, processing, storage and distribu-
provisions of Directive 98/71/EC of tion of human blood and blood com-
the European Parliament and of the ponents”, Article 11, paragraph 6
Council of 13 October 1998 on the (GG 59 Β’ of 24.01.2006).
legal protection of designs”.
47. Commission Regulation (EC) No
43. Joint Ministerial Decision No. 14113 1172/2007 of 5.10.2007 “Amending
EFA 3850 “Amendment to joint Min- Commission Regu- lation (EC) No
isterial Decision 12149/ EFA/2248 1891/2004 of 21.10.2004 laying
(GG Β 1240/ 11.10.2000) “Awards down provisions for the
and financial support of inventors”, implementation of Council
(GG 8, Β’, 13.01.2003). Regulation (EC) No 1383/2003
concerning customs action against
44. Commission Regulation (EC) No. goods suspected of infringing certain
1891/2004 of 21 October 2004, “Lay- intellectual property rights and the
ing down provisions for the imple- measures to be taken against goods
mentation of Council Regulation (EC) found to have infringed such rights”.
No. 1383/2003 concerning customs
action against goods suspected of in- 48. Ministerial Decision No 11475 EFA
fringing certain intellectual property 2388/ GG B’ 1165/25.06.2008
rights and the measures to be taken “Submission of an application with
against goods found to have in- the OBI for a six-month extension of
fringed such rights (EU OJ L 328 of the duration of the supple mentary
30.10.2004). protection certificate for paediatric
pharmaceuticals”.
45. Law No. 3396 “Ratification of the act
revising the Convention on the Grant 49. Ministerial Decision No 10374/ GG Β’
of European Patents (European Pa- 1594, 04.08.09 “Procedure of search
tent Convention of 5 October 1973, report or final search report drawing
as amended on 17 December 1991) by the Industrial Property
of 29 November 2000” and its trans- Organisation (ΟΒΙ)”.
lated Greek version, Articles one,
two and three (GG 246, Α’ of 50. Regulation (EC) No 469/2009 of the
06.10.2005). European Parliament and of the
Council of 6 May 2009 “Concerning
46. Joint Ministerial Decision DYG3(a) the supplementary protection
83657 on the “Harmonisation of certificate for medicinal products”.
186
51. Law 3842/ GG A’ 58/ 23.04.2010
“Restoring tax justice, addressing tax 55. Decision of the Prime Minister and
evasion and other provisions”. the Minister of Development,
Competitiveness, Infrastructures,
52. Ministerial Decision No 11970/ Transport and Networks No
B0012/POL.1203/10 (GG 2147 B’/ 30376/Δ106 721/5.7.2012 (GG Β’
31.12.2010), “Determination of 2094, 6.7.2012) “Assignment of
terms, prerequisites and procedures competences to the Deputy Minister
regarding the implementation of the of Development, Competitiveness,
provisions of article 71 ‘Patent tax Infra- structures, Transport and
incentives’ of Law No 3842/2010 Networks, Mr. Athanasios Skordas”.
(GG A’/58/ 23.4.2010)”.
56. Law 4144/GG A’ 88/18.4.2013
53. Law No 3966 (GG 118 A’, “Fight against delinquency in Social
24.05.2011) “Institutional frame-work Security System, in labour market
of Model Pilot Schools, and other dispositions falling under
Establishment of an Institute of the competence of the Ministry of
Educational Policy, Organi- sation of Labour, Social Insurance and
the Institute of Computer Techno- Welfare”, article 79 “Regulatory
logy and Publications ‘DIOFANTOS’ issues of the Hellenic Industrial
and other provisions”. Property Organisation”.
* Of the above the following points are published as being deemed of greater importance: 4, 9, 11, 12, 13, 15, 16, 17, 19, 25, 28,
30, 31, 33, 35, 36, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56 and 57
187
Publication:
Hellenic Industrial Property Organisation (ΟΒΙ)
OBI EMBLEM:
E. Manousou
EDITORIAL SUPERVISON:
R. Zacharopoulou - E. Manousou
COVER LAYOUT:
ART POSITION LTD, 3, Gyftopoulou st., 152 33 Chalandri
PRINTING:
188