What are the causes of counterfeiting and piracy in Greece?
Most of such goods are openly sold in Athens. A major reason is also illegal immigrants who sell illicit goods of infringing nature. In 2019, it was also accounted to be ranked 14 in the list of illicit goods.
Which are the goods that most often face counterfeiting and piracy in Greece?
Jewellery, cosmetics, toys, fake handbags, knock off designer products, watches, clothes are the goods that most often face counterfeiting and piracy in Greece.
Does Greece have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
What are the specific laws/orders/rules laid down in Greece for the enforcement of Intellectual Property Rights?
The specific laws include - The Law 1733/1987 (Patents), the Law 4072/2012 (Trade Mark Law), the Greek Copyright Law 2121/1993, the Law 4605/2019 (trade secrets), the Law No.1733/1987, and the Presidential Decree No.259/1997.
The regulations on the ratification of the Hague Agreement under 1960 Act the L. 4679/2020 (Official Government Gazette 71/A/20-03-2020) was published under the title "Trademarks Incorporation of the Directive (EU) 2015/2436 to approximate the laws of the Member States relating to Trademarks and the Directive 2004/48/EC on the enforcement of intellectual property rights and other provisions."
What are the different types of IPRs protected by IPR enforcement in Greece?
Patents, Trademarks, Design, and Copyright are the different types of IPRs protected by IPR enforcement in Greece.
What are the general IPR enforcement obligations in Greece?
The Law 4512/2018 initiates compulsory use of mediation in legal disputes arising from patent, trademark, and industrial design infringements. Therefore, before initiating any legal action, it is advised to seek an out-of-the court settlement.
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
It is important to hire an advocate who is registered with any bar association in Greece.
Is there any limitation period for filing an infringement action?
Yes, a compensation claim or a claim for moral damages (in case of an infringement committed by intent or negligence) is barred 05 years after the claimant became aware of the damage and the person liable for the damage. In any case, these claims are barred 20 years after the infringing act. The 20-year statute of limitation also applies to the claims that are based on unjustified enrichment and to cease-and-desist claims.
Which of the following IPR enforcement channels is/are available in Greece?
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Are civil actions available for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Which of the following types of civil remedies is/are available in Greece?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Greece than the ones mentioned above? If yes, then kindly explain in brief.
Other civil remedies include the removal of the infringing sign from the products, and, if this is not possible, the withdrawal of the products bearing the infringing sign. Publication of the judgment in the press or online at the infringer’s expense is another civil remedy available.
What is the approximate timeline of civil litigation related to IPR enforcement in Greece?
The duration of proceedings will depend on the circumstances of each case. Under the newly revised Code of Civil Procedure, first-instance proceedings are expected to take 10 to 14 months.
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Greece? If yes, then kindly give 2-3 points?
Is criminal prosecution available in Greece for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Which is the responsible authority in Greece corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority - Criminal Court
B) Imprisonment Term - Trademark: Up to 06 months, but may extend up to 02 years where the damage is at a large commercial scale, Patent: Up to 01 year; Copyright: It may range from 01 to 02 years, but where the infringement is such that it would pose a serious threat to protection of copyright, it may extend to 10 years.
C) Monetary Fine –Trademark: ranging from 6,000 to 30,000 Euros; Patents: up to €50,000; Copyright: up to 30,000 Euros
Are there any other criminal remedies available in Greece than the ones mentioned above? If yes, then kindly explain in brief.
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Greece? If yes, then kindly give 2-3 points?
Criminal prosecution in Greece may not be stringent enough to prevent further occurrence of crimes.
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
Mediation and arbitration are also available means for resolving Intellectual Property rights disputes. Rules on arbitrations are provided for by arts. 867 et seq. of the Greek Code of Civil Procedure. Recently enacted law 4512/2018 made compulsory an initial mediation session before the hearing of the case in disputes arising from patent, trademark ,and industrial design infringements.
Are border control measures (customs) available in Greece for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
What are the remedies available under border control measures (customs) in Greece?
Destruction of goods and imposition of fines are the remedies available under border control measures (customs) in Greece.
Who must bear the costs of customs intervention during enforcement?
The costs of destroying counterfeit goods are borne by the rights holder. However, by commencing a court action, the rights holder may seek compensation from the importer for such costs, as well as for storage costs that may be incurred if destruction is delayed.
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
The goods may be released for commercial access if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs.
Which are the best practices for enforcement of IPRs in Greece?
Are there any risks involved in the enforcement of IPRs in Greece? If yes, then kindly give 2-3 points.