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INTRODUCTORY NOTE the Revised and Reviewed Edition of This Booklet

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INTRODUCTORY NOTE the Revised and Reviewed Edition of This Booklet INTRODUCTORY NOTE 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 1. Introductory Note ......................................................................... 1 2. Contents ...................................................................................... 2 3. Law No 4325/1963, “On National Defense Patents and amendment to the Law of Patents No. 2527/1920” …………….. 7 4. Law No 1733/1987 “Technology transfer, inventions and tech- nological innovation” …................................................................ 12 5. Ministerial Decision No 15928/EFA/1253 “Filing of applications to OBI for the grant of patents or utility model certificates with OBI and keeping of record books" ............................................. 39 6. Ministerial Decision No 5326/EFA/485/1988 “Technology trans- fer contract registration form” ...................................................... 44 7. Presidential Decree No 77/1988 “Implementing regulations of the Convention on the grant of European patents as ratified by Law 1607/1986” .......................................................................... 45 8. Presidential Decree No 16/1991 “Implementing regulations of the Patent Cooperation Treaty as ratified by Law 1883/1990” … 54 9. Presidential Decree No 45/1991 “Legal protection of topogra- phies of semiconductor products in compliance with Council Di- rective 87/54/EEC of 16th December 1986 as supplemented by Decisions 87/532/EEC and 88/311/EEC” .................................... 60 10. Council Regulation No 1768/1992 of 18th June 1992 “concern- ing the creation of a supplementary protection certificate for medicinal products” …………………………………………………. 69 11. Presidential Decree No 54/14.02.1992 “Amendment to the pro- vision of Law 1733/1987 (GG 171 A') ‘Transfer of technology, inventions, technological innovation and establishment of an Atomic Energy Committee’ in compliance with the EC Treaty (GG 22 A’)” .................................................................................. 76 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
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