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Custom Recordal of IPRs in Greece


Custom Recordal of IPRs
Yes, where there is no application filed, the rights holder has 03 days to file the formal application after receiving intimation of the suspected infringing goods.
The EU Customs Enforcement Regulation (608/2013) is directly applicable in Greece and sets out the domestic customs intervention procedure.
Custom Recordal of IPRs is effective both on the import and export of goods.
Often the customs officials act based on a suspicion of infringement, given a number of indications. In such cases, the Customs will identify the rights holder’s registered representative in Greece by contacting the Trademarks Office.
The Customs are also authorised to impose fines on importers of counterfeit goods for infringement of the Customs Code. This is the case, for example, when goods are declared to be destined for personal use or as samples, and it is revealed that they were destined for sale in trade.
The Customs authority has the power to act anywhere within the Greek territory – it is not restricted to the customs territory. The Customs officials patrol the highways, especially in northern Greece, for counterfeit items transported within Greece and may seize such goods regardless of whether the goods are destined for export.
Ideally, the rights holder should include detailed information about the distinctiveness of the original products and counterfeit goods, as well as common import and transit routes.
The competent customs department shall notify the applicant of its decision granting or rejecting the application within 30 working days of the receipt of the application. In the event of rejection, the competent customs department shall provide reasons for its decision and include information on the appeal procedure.
Yes, it is centralized.
The applicant shall not be charged a fee to cover the administrative costs resulting from the processing of the application.
At the time of granting an application, the competent customs department shall specify the period during which the customs authorities are to take action.That period shall begin on the day the decision granting the application takes effect, and shall not exceed 01 year from the day following the date of adoption.
The extended period during which the customs authorities are to take action shall run from the day following the date of expiry of the previous period and shall not exceed 01 year.
Where the customs authorities identify goods suspected of infringing an intellectual property right covered by a decision granting an application, they shall suspend the release of the goods or detain them (Article 17).
The holder of the decision shall be liable towards any holder of the goods or declarant, who has suffered damage in that regard. The holder of the decision shall reimburse the costs incurred by the customs authorities, or other parties acting on behalf of customs authorities.
10 days (03 days if the goods are perishable)
It is not required in the case of summary procedures and where both the parties have agreed that the nature of the goods is infringing.
Before suspending the release of or detaining the goods, the customs authorities may ask the holder of the decision to provide them with any relevant information concerning the goods. The customs authorities may also provide the holder of the decision with information about the actual or estimated quantity of goods, their actual or presumed nature and images thereof, as appropriate.
The customs authorities shall notify the declarant or the holder of the goods of the suspension of the release of the goods or the detention of the goods within 01 working day of that suspension or detention. Where the customs authorities opt to notify the holder of the goods and two or more persons are considered to be the holder of the goods, the customs authorities shall not be obliged to notify more than one of those persons. The customs authorities may take samples that are representative of the goods.
If the importer does not respond to the request or objects to the destruction, the consignment will be released. In such circumstances, it is necessary that the trademark owner brings civil proceedings within 10 days.
It may not be needed if both parties, i.e., the infringer (importer) and the rights holder agree that the goods are infringing in nature.
Other documents as may be demanded by the court may be needed.
The possible remedies awarded by the court include the destruction of goods or release of goods.