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 (OBI) and electronic filing of industrial design or model registration" ……………………………………… 177 38. Annex ...... 183

6 LAW No. 4325/1963

“On National Defense Patents and amendment to the Law of Patents No. 2527/1920”

PAUL KING OF GREECE Greece and another NATO country, as well as any relevant procedure of such We decide and order the following, as agreement shall be ratified by Royal De- unanimously voted and passed by Par- cree issued by the Ministers for Foreign liament: Affairs, National Defense, and Com- Article 1 merce. Any agreement between the aforementioned countries regarding co- 1. All inventions and discoveries devel- operation for weapon development pro- oped in Greece or in a foreign country grams shall be ratified by similar Royal by Greek nationals concerning Greece’s Decrees. Any classified agreement and national defense, an ally’s national de- the aforementioned procedures as well fense or this one of a group of allied shall be ratified upon decision issued by countries of which Greece is part, may the aforesaid Ministers and shall be pub- not be transmitted to any domestic or lished in the Government Gazette. foreign legal or natural entity or dis- closed in any way whatsoever in any Article 2 country, even before such invention or 1. Any statement of grant of a patent discovery is classified as secret accord- (patent statement) will henceforth be ing to articles 2 and 3 herein. Similarly, deposited to a Specific Confidential In- it is prohibited to transmit or disclose vention Office belonging to the Ministry any technical information that can be of Commerce which is hereby founded related in any way whatsoever with such (Industrial Property Department). inventions or discoveries. 2. The documents stated in article 21 of 2. As an exception, the above prohibi- Law of Patents No. 2527/1920 shall be tion shall not apply in the case where submitted by the inventor himself or by a there is a specific and mutual agreement duly authorized representative. between Greece and other interested Countries. In this case, any matter re- 3. The Specific Confidential Invention lated to information exchange procedure Office shall be operated by the Industrial and confidentiality assurances for inven- Property Department’s employees as tions, discovers and technical infor- well as by other employees working in mation disclosed from both parties shall other services of the Ministry of Com- be governed by the terms and condi- merce according to the provisions of Ar- tions of said agreement. ticle 14 herein.

3. Any agreement referred to in the pre- vious paragraph 2, which is agreed upon or in process of being agreed upon by

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)

"Technology transfer, inventions, and technological innovation" as amended by Art. 18, of Law No 1739/1987 (GG 201, A’ of 20.11.1987)

PART ONE

INDUSTRIAL PROPERTY ORGANISATION (OBI)

Article 1 competent Ministers, as the case may Foundation - Aim be.

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 c. Cooperation with similar organisations 1. OBI shall be directed by a seven- in other countries, international organi- member Administrative Council com- sations, research and technological cen- posed of [2]: ters of the country as well as connection with organisations and data banks; a. Two representatives of the Ministry of Development; d. Preparation and monitoring of the im- plementation of international conven- b. One jurist specialized in industrial tions on matters related to patents and property matters, one searcher from a technology transfer; research centre or a higher education institution, with knowledge and experi- e. Representation of Greece at interna- ence in matters related to industrial tional organisations by decision of the property, and an executive from the in-

1 OBI has been exempted from the public sector un- 2 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, Par. 2 of Law No. 2516/1997 3 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.

11. The Administrative Council may, by 1 decision, assign part of its competencies The first period of par. 13 of Article 2 is cited as re- placed by Article 18, par. B of Law No. 1739/1987

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. c. Confidential record for patents; 5. As confidential register, record, and roll there are understood, those which d. Record for utility model certificates; exist subject to Law No. 4325/1963 “on inventions related to the national de- C. Rolls: fence of the country”. The disclosure of the confidential data kept in the confi- a. Ordinary roll for reports; dential registers, records or rolls by the staff of OBI in the course of their service b. Confidential roll for reports. and for a period of ten years following discontinuation of their service shall be 3. OBI shall issue the Industrial Property punished by the penalties defined in ar- Bulletin and publications for briefing and ticle 8 of Law 4325/1963 “on inventions spreading information relating to pa- related to the national defence of the tents, innovations, and technology trans- country”. fer.

PART TWO

PATENTS

CHAPTER ONE 2. The following shall not be regarded as inventions within the meaning of par- GENERAL DISPOSITIONS agraph 1: BENEFICIARIES a. discoveries, scientific theories, and Article 5 mathematical methods; Meaning b. aesthetic creations; 1. Patents shall be granted for any in- ventions which are new, which involve c. schemes, rules, and methods for an inventive step, and which are sus- performing mental acts, playing games ceptible of industrial application. The or doing business, and programs for invention may relate to a product, a pro- computers; cess or an industrial application. d. presentation of information.

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;

c. The preparation of a pharmaceutical CHAPTER THREE product in a pharmacy for a specific in- dividual, following medical prescription RIGHTS DERIVED FROM THE as well as the dispensing and use of PATENT AND DURATION OF ITS said pharmaceutical product under the VALIDITY reservation of article 25 paragraph 3 of the present Law. Article 10 Contents of the right 3. Whoever shall exploit his/her contriv- ance or has proceeded with the prepa- 1. The patent confers upon its owner, rations required for said exploitation, at whether natural person or legal entity, the time the application for a patent was the exclusive and time-limited, in ac- filed by a third party or in accordance cordance with article 11, right to produc- with the date of priority, shall have the tively exploit the invention and particu- right to go on using said contrivance for larly: their enterprise and its needs. This right may be only assigned along with the en- a. To produce, offer or make available in terprise. the market, to use and to possess for said purpose the products protected by Article 11 the patent; Duration of the Validity of the Patent b. To apply, offer or make available in the market the process protected by the 1. The duration of the validity of the pa- patent; tent shall be twenty years starting the day following the date of the filing of the c. To produce, offer or make available patent application. in the market, to use and to possess for said purpose the product whose produc- 2. In case of claim of priority on the ba- tion results form the process protected sis of filing abroad, the duration of the by the patent; validity of the patent shall be calculated from the day following its filing in d. To forbid each and every third party Greece. from productively exploiting the inven- tion, within the meaning of the above passages, or to import, without prior consent of said owner, the products pro- tected by the patent.

2. The owner of the patent may not for- bid, in the meaning of the preceding paragraph, the following activities:

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) 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.

3. In the case of an infringement com- 7. In respect of paragraphs 1 to 6, the mitted on a commercial scale, the court court shall have the authority to require may order, as an injunction measure, the applicant to provide any reasonably the precautionary seizure of the property available evidence in order to conclude, of the alleged infringer, including the on the basis of sufficient in-formation, blocking of his bank ac-counts. To that that the applicant is the rightholder and end, the court may or-der any holder of that the applicant's right is being in- such relevant information to communi- fringed, or that such infringement is im- cate bank, financial or commercial doc- minent. uments, or ensure appropriate access to the relevant in-formation. 8. Where the injunction measures pro- vided for under this article are revoked 4. The decision on the injunction due to any act or omission by the appli- measures referred to in paragraphs 2 cant or where it is subsequently found and 3 may, in appropriate cases, be that there has been no infringement or taken without the defendant having threat of infringement of the rights pro- been heard as provided for under para- vided for under this law, the court may graph 1 of article 687 of the Hellenic order the applicant, if he acted abusive- Code of Civil Procedure, in particular ly, upon request of the defendant, to where any delay would cause irrepara- provide the defend-ant appropriate ble harm to the rightholder. In that compensation for any injury caused by event, the decision or the order of the those measures. court is not notified to the defendant be- fore or during its enforcement, it shall be Article 17C notified on the first business day follow- (Article 12 of Directive 2004/48/EC) ing the enforcement, other-wise, any Alternative measures relevant procedural acts shall be null and void. On application by the person liable to be subject to the measures provided for 5. In the cases of paragraphs 1, 2 and 3, under articles 17A and 17B, the court the court may make the measures sub- may order pecuniary compensation to ject to the lodging by the applicant of a be paid to the injured party in-stead of security determined in the decision or applying the aforementioned measures provisional order or/and without a secu- if that person acted unintentionally or rity and shall specify a time limit for the without negligence, if execution of the lodging of the action for the main case measures in question would cause him as provided for under paragraph 1 of ar- disproportionate harm and if pecuniary ticle 693 of the Hellenic Code of Civil compensation to the injured party ap- Procedure, which cannot exceed thirty pears reasonably satisfactory. (30) days. If no action is lodged within said time limit, the in-junction measure shall be lifted ipso jure.

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

1. On application by the injured party, 1. The interested trade or professional the court may order the infringer who associations develop codes of conduct knowingly, or with reasonable grounds aimed at contributing on a national, to know, engaged in an infringing activi- Community or international level to- ty, to pay the rightholder damages ap- wards the enforcement of the rights pro- propriate to the actual prejudice suffered vided for under the present law. The by him as a result of the infringement of codes of conduct and any evaluations of his right. In setting the compensation the the application of these codes of con- court (a) shall take into account all ap- duct are submitted to the Com-mission propriate aspects, such as the negative of the European Union. economic consequences, including lost profits, which the injured party has suf- 2. The Industrial Property Organisation fered, any un-fair profits made by the is designated the national correspond- infringer and, in appropriate cases, ele- ent for any question relating to the rights ments other than economic factors, provided for under the pre-sent law. such as the moral prejudice caused to the rightholder by the infringement, or (b) as an alternative to clause (a), may, in appropriate cases, set the compensa- Article 17F tion as a lump sum on the basis of ele- (Article 4 of Directive 2004/48/EC) ments such as at least the amount of Persons entitled to apply for the royalties or fees which would have been application of measures due if the infringer had requested au- thorisation to use the infringed right. The application of the measures provid- ed for under paragraph 1 of article 17 2. In the cases provided for under the and articles 17A, 17B, 17C, 17D and present law, the general legal costs and 17E may also be sought by: expenses shall mandatorily include any other relative expenditure reasonably a. all other persons authorised to use incurred by the successful party, such those rights, in particular licensees, in as witness costs, attorney fees, fees of accordance with the provisions in the experts and technical consultants of force. the parties and expenses for finding the infringers. In all other cases, the provi- b. professional defence bodies that are sions set forth in articles 173 et seq. of regularly recognised as having a right the Hellenic Code of Civil Procedure to represent holders of intellectual shall apply. property rights, in accordance with the provisions in force. 3. The court, on application by the party, may allow it to publish all or part of the decision concerning rights protected un- der the present law in the media or on the internet at the expense of the un- successful party.

30

Article 17G Application on other industrial property rights

Paragraph 1 of article 17 and articles 3. No annual renewal fees are to be 17A, 17B, 17C, 17D, 17E and 17F also paid for the patent of modification. apply to the protection of holders of an entitlement to a supplementary protec- 4. The patent of modification may be tion certificate for medicinal products converted into a main patent, upon re- and supplementary protection certificate quest of its owner. The duration of the for plant protection products, holders of validity of the converted patent shall be statements of extension of the force of a governed by article 11. As date of filing supplementary protection certificate for shall be regarded the filing date of the paediatric medicines and holders of enti- application for grant of a patent of modi- tlements to plant varieties, designations fication. of origin and geographical indications.[1] 5. The nullification of the main patent does not call for the nullification of the CHAPTER SIX patent of modification. In case the main patent is annulled, the fees to be paid PATENT OF MODIFICATION for the main patent shall be paid for the patent of modification. Article 18 Meaning - Procedure up to grant 6. As regards all other matters, the re- spective dispositions of the present law 1. If an invention constitutes modifica- regarding patents shall apply. tion of another invention already cov- ered by a patent (main patent), the owner of the latter may request the grant of a new patent (patent of modifi- cation) provided that the subject-matter of the new patent relates to at least one claim of the main patent.

2. The patent of modification shall follow the fate of the main patent and expires therewith. The patent of modification may be used by all beneficiaries of li- cences for exploitation of the main pa- tent, unless otherwise stated in the li- cences.

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

CHAPTER ONE 6. As regards all other matters, the re- spective dispositions of the present law UTILITY MODEL CERTIFICATE regarding patents shall apply.

Article 19 Meaning - Procedure up to grant CHAPTER TWO

1. The utility model certificate shall be TECHNICAL INNOVATIONS AND granted for each novel and industrially AWARDS applicable three-dimensional object with definite shape and form, such as a tool, Article 20 an instrument, a device, an apparatus or Technical innovation - Subsidies - even parts thereof, proposed as novel Awards and industrially applicable and capable of giving a solution to a technical prob- 1. A certificate of technical innovation lem. may be granted for a new solution of a specific technical problem (technical in- 2. Whoever files a patent application novation), proposed by one or more may request up to the date of grant of persons working for an enterprise and the patent the conversion of his patent related to the activities of the latter. The application into application for a utility certificate of technical innovation consti- model certificate. tutes an award to working persons in- volved for their creative contribution to 3. The duration of validity of the utility the enterprise. model certificate is seven years from the day following the application for the 2. The details of the procedure for grant of a utility model certificate or for granting certificates of technical innova- the grant of a patent, in case of conver- tion shall be determined by joint deci- sion in accordance with paragraph 2. sion of the Ministers of Labour and of Industry, Energy, and Technology, pub- 4. The application for the grant of a utili- lished in the Official Journal of the Gov- ty model certificate shall be submitted to ernment. OBI. The requirements for filing the ap- plication, the relevant supporting docu- 3. The requirements for subsidising un- mentation, and all other pertinent details ions and associations of inventors or are determined by decision of the Minis- scientists as well as cooperatives and ter of Industry, Energy, and Technology. unions of productive units which aim at the development of research and tech- 5. If the application for a utility model nological installations and models, at the certificate complies with the require- joint reclamation of results derived from ments of paragraph 4, OBI grants a utili- research, or at the presentation of in- ty model certificate without prior exami- ventions or new products and processes nation of the novelty and industrial ap- in exhibitions and congresses, shall be plicability of the utility model at the re- determined by joint decision of the Min- sponsibility of the applicant. isters of Finance and of Industry, Ener- gy, and Technology.

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

Article 21 specialised consulting services or ser- Meaning - Nullity of terms of the contract vices for follow-up and control;

1. By the contract on technology trans- e. The disclosure of industrial secrets fer the supplier of technology is called with drawings, diagrams, specimens, upon to supply technology to the recipi- models, instructions, proportions, condi- ent of technology, and the recipient is tions, processes, prescriptions and called upon to pay the value agreed up- methods of production of products refer- on. In particular, the following are con- ring to the productive exploitation. Such ceived within the meaning of this article industrial secrets are mainly technical as technology supply: information, data or knowledge which relate to processes, expertise or skills, a. The licence for exploitation of patents that have practical application particu- and utility model certificates; larly to the production of goods and the rendering of services, provided that they b. The assignment of patents and of util- have not become widely known; ity model certificates; f. The joint research or development of c. The supplying of technical construct- new technology, demonstrative or ex- ing instructions, drawings or services; perimental programs or works; d. The supplying of organisational and g. Providing technical assistance in the management services, as well as of form of briefing, instruction, and for- mation of personnel.

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 - 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; b. Terms in contracts on technology c. Urgent technical assistance or repair transfer including ban of exportation. provided that they are carried out by The Minister of Industry, Energy, and reason of an earlier registered agree- Technology may, by his decision, permit ment. the conclusion of a contract containing a clause banning exportation, if this is im- d. Technical training given by educa- posed by serious reasons of economic tional organisations or enterprises to development and public interest and their personnel; provided that the ban is not contrary to international obligations of the country. e. Defence systems.

Article 22 4. The party responsible for registering Registration of the contract the contract on technology transfer may on technology transfer either submit a copy of the contract or complete the special form in accordance 1. The contract on technology transfer with paragraph 5. Suit or petition to the shall be submitted to OBI by the con- Court which concerns any difference be- tracting parties which have their domicile tween the contracting parties and which or seat in Greece, within one month relates to a contract on technology form its conclusion and at the same time transfer cannon be discussed before the the dispositions of Law No. 1306/83 (Of- court without a written confirmation of ficial Journal No. 65) apply. OBI indicating that the parties have complied with the requirements of this 2. The contract shall be registered in paragraph. the register of technology transfer. The registered contracts on technology 5. The process of compiling drafting, transfer or the information contained in and granting of the special form regard- the form provided in paragraph 5 of the ing contracts on technology transfer and present article shall be kept secret. the relevant prerequisites to be com- Whoever shall violate the present dispo- pleted for statistical use are determined sition shall be punished according to ar- by decision of the Minister of Industry, ticle 17 of Law No. 146/1914 on Unfair Energy, and Technology. Competition. 6. The registration of the technology transfer contract with OBI may entail a deduction of the fees due to OBI for the

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

IMPLEMENTATION OF THE CONVENTION ON THE GRANT OF EUROPEAN PATENTS

Article 23 7. For as long as the reserve formulated European application - European by Greece in accordance with article patent - Reasons for Nullification 167 paragraph 2 passage (a) of the convention regarding the European pa- 1. The application for the grant of a Eu- tent remains in force, European patents ropean patent shall be obligatorily sub- granting protection to pharmaceutical mitted to OBI when the applicant is a products are ineffective in Greece. Greek citizen unless claiming the priority of an earlier Greek application. 8. A European patent may be declared null in Greece only on the grounds of 2. Since the date of its publication, in Law No. 1607/1986 article 138 par. 1 of accordance with Law 1607/1986 (Offi- the Convention regarding the European cial Journal No. 85), article 93 of the patent. convention concerning the European patent, the European patent application 9. If the grounds for nullification relate in Greece has the same effects as the to the European patent only in part, the Greek patent application. claims, the description, and the draw- ings of the patent shall be limited ac- 3. The provisional protection of para- cordingly. graph 2 is provided only starting the date on which the applicant of the appli- 10. The following shall be determined by cation of the European patent submits to Presidential Decree to be issued upon OBI the relevant certified translation in recommendation of the Minister of In- Greek of the claims of the application. dustry, Energy, and Technology:

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 - 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; e. The keeping of the register of Euro- h. The regulation of cases of cumulative pean patents; protection of Greek and European pa- tents. f. The prerequisites for converting the European patent application into a Greek patent application;

PART SIX

FINAL AND TRANSITIONAL PROVISIONS

Article 24 3. Annual fees for protection shall also Fees be paid in advance for each year for any patent application, as though the patent 1. Fees shall be paid for the registration had been granted. If these fees are not of contracts on technology transfer, for paid within the terms prescribed in par- the furnishing of advice and information agraph 2, article 16 applies. with regard to technology transfer, and for the grant, assignment or amendment 4. As date of payment of the fees there of rights on patents and utility model shall be regarded the date of filing of the certificates. application to which the relevant receipt is attached. 2. For each patent application the filing fee, the annual fees for protection, the 5. The above dispositions apply respec- fee for the search report and fees for the tively to utility models and to all other registration of modifications shall be cases for which the payment of fees is paid in advance to OBI The receipts of provided for by this law. payment of the filing fees and for fees covering the first year of protection shall 6. The amount of the fees is determined be deposited along with the patent ap- by decision of the Administrative Council plication. The annual fees for protection of OBI shall be paid in advance for each sub- sequent year and the relevant receipt 7. Fees for protection which have been shall be submitted to OBI each year up paid in advance and which relate to a to the last day of the month correspond- subsequent period of time shall be ex- ing to the date on which the application empted from all subsequent readjust- was filed. Following the lapse of the ments. aforementioned term and within six months from said term the owner of the 8. In case of irrevocable rejection of the patent may pay the due fees increased application, the proportion of the annual by fifty percent. fees for protection paid in advance and corresponding to a period of inexploita- tion shall be restituted.

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 Technology, it is possible that the legal 1 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)

“Filing of applications for the grant of patents or utility model certificates with OBI and keeping of record books”

THE MINISTER OF INDUSTRY, c. By the name “Utility model certificate ENERGY AND TECHNOLOGY application”, the application for the grant of a utility model certificate. Considering: Article 2 1. The provisions of Article 4, paragraph Working days 4, 7 paragraph 11 and article 19 para- graph 14 of Law No. 1733/1987 related The number of the working days for OBI to “Technology transfer, inventions, is identical to those followed by the Min- technological innovation and establish- istry of Industry, Energy, and Technolo- ment of an Atomic Energy Committee” gy. (Official Journal No. 171, A’); Article 3 2. The provisions of Law No. 1558/1985 Representation related to “Government and Governing Bodies”; 1. The right of appearing in person or filing documents before OBI is attributed 3. The proposal of the Administrative to the beneficiaries of patent applica- Council of OBI concerning filing of appli- tions or utility model applications or to cations with OBI for the grant of patents their representative lawyer. or utility model certificates and for keep- ing the books according to the minutes 2. The representative lawyer shall justify (No. 3), dated 22.12.1987, of the third his authorisation by submitting to OBI a session of the Administrative Council of power of attorney [1]. OBI, 3. If the applicant of a patent or utility decides on the following: model certificate has no residence or seat in Greece, he shall nominate a rep- CHAPTER ONE resentative and declare that he will be submitted to the jurisdiction of the GENERAL PROVISIONS Courts of Athens.

Article 1 CHAPTER TWO Definitions FILING OF A PATENT APPLICATION The following are meant for the applica- tion of this decision: Article 4 Filing of the application a. By the name “OBI” the Industrial Property Organisation (OBI), with seat in 1. The patent application shall be filed Athens (Law No. 1733/1987). with OBI in duplicate and shall meet the b. By the name “Patent application”, the 1 application for the grant of a patent. Paragraph 2 of Article 3 is cited as replaced by Arti- cle 1, par. 1 of Ministerial Decision 3111/EFA/433

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.

3. The patent application can be also c. Determine the invention, as defined in filed by a registered letter. In this case, the claims by appropriate technical as filing date is considered the date of terms so that the problem and its solu- receipt of the application by OBI. tion can be understood.

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.

5. In the beginning of the dependent d. The chemical formula which charac- claim there is mentioned, if possible, the terises the invention, if any. principal or dependent claim or claims to which it relates and then the additional 2. The abstract shall not contain state- features for which protection is sought. ments of the alleged merits or awards for the evaluation of the invention. 6. Claims shall not rely on references to the description or drawings, such as: “as 3. If possible, the abstract shall not ex- described ...... of the description”, or ceed one hundred and fifty words. “as illustrated in figure ...... of the draw- ings”. 4. The abstract must refer to the draw- ings accompanying the application, if 7. The patent application may, in par- any. ticular, include: Article 8 a. A main claim for a product, a main Form of the drawings claim for the method of production and a main claim for the use of said product, 1. The usable surface area shall not or exceed 26,2 cm x 7 cm. These sheets

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. a. Drawings shall be executed in black 2. The documents shall be on A4 paper lines and durable signs. The lines shall (29,7 cm x 24 cm), white smooth, matt, be dense, well defined, uniformly thick, pliable and durable. Each sheet shall be without colourings. used from the top to the bot- tom. (Upright position). b. Cross-section shall be indicated by hatching which should not impede the 3. Each document shall commence on clear reading of the leading lines. a new sheet. The sheets shall be con- nected with clips in such a way that they c. The scale of the drawings and their can be easily separated. graphical execution shall be such that a photographic reproduction with a linear 4. Subject to article 8, paragraph 2 of reduction in size to two-thirds would be the present decision, the minimum mar- carried out. gins shall be as follows: d. Numbers, letters and reference signs a. Top: 2,0 cm may be used specifying the drawings. b. Left side: 2,5 cm Brackets, circles, or inverted commas c. Right side: 2,0 cm shall not be used in association with d. Bottom: 2,0 cm numbers and letters. The height of the numbers and letters shall not be less The maximum margins of the sheets than 0,32 cm. For the lettering of draw- shall be as follows: ings the Latin and Greek alphabets shall be used. a. Top: 4,0 cm b. Left side: 4,0 cm e. The lines of the drawings shall be c. Right side: 3,0 cm drawn with the aid of drafting instru- d. Bottom: 3,0 cm ments. 5. All application sheets must be num- f. Drawings shall be numbered consecu- bered in consecutive Arabic numerals. tively in arabic numerals independently The numerals shall be placed at the top of the numbering of the sheets. of the sheet, in the middle but not in the top margin. g. Diagrams are considered as draw- ings. 6. The lines of each sheet of the de- scription and of the claims shall be

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.

CHAPTER THREE Article 13 Entry into force FINAL DISPOSITIONS The entry into force of the present deci- Article 10 sion shall start as from the date of its Registration of the patent application publication in the Official Journal of the Government. The patent application shall be recorded in the Register Book, Volume A’, “Na- The present decision shall be published tional applications”, by proportional ap- in the Official Journal of the Govern- plication of the dispositions of articles 2 ment. and 3 of the Law No. 4325/1963 on “the inventions concerning the national de- fence of the country”.

43 MINISTERIAL DECISION No 5326/EFA/485 (GG 247, B’ of 27.04.1988)

“Technology transfer contract registration form”

THE MINISTER OF INDUSTRY, c. The subject matter of the contract ENERGY AND TECHNOLOGY and the products or services referred thereto. Considering: d. The date of the conclusion, the be- 1. The provisions of article 22, para- ginning of the practice and the expira- graph 5 of Law No. 1733/1987 related to tion of the validity of the contract as well “Technology transfer, inventions, tech- as its period of validity. nological innovation, and establishment of an Atomic Energy Committee” (Offi- e. The general content of the contract cial Journal, GG 171, A’); and the type of the co-operation with the technology supplier (license, technical 2. The provisions of Law 1558/1985 assistance, management, administra- “Government and Governing Bodies” tion, turn key, associated production or (GG 13, A’); other).

3. The minutes of the 12th session of the Article 3 Administrative Council of the Industrial Optional Information Property Organisation dated 13.03.1988, If desirable, the contacting party or par- ties aiming at registering a technology Decided on the following: transfer contract may state in the form any eventual participation in % of the Article 1 technology supplier to the share capital Technology Transfer - Registration Form of the recipient.

By virtue of Article 22 of Law No Article 4 1733/1987, the Industrial Property Or- Elaboration of the form – Additions ganisation (OBI) provides a special form to be completed by the contacting party 1. OBI shall elaborate and provide print- or parties. ed the above mentioned form for tech- nology transfer contracts. Article 2 Obligatory Information 2. The Administrative Council of OBI may come to a decision on the addition The following shall be completed by the to the form of new optional information. contacting party or parties in order for the technology transfer contract to be Article 5 registered: Entry into force 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)

“Implementing regulations of the Convention on the grant of European patents as ratified by Law No 1607/1986”

THE PRESIDENT GENERAL PROVISIONS OF THE HELLENIC REPUBLIC Article 1 Considering: Application field

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- 1 ing:[ ] 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 ed with the Revision Act. Affairs.

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 2 h. ‘Certified translation’ means the amended with the Revision Act.”[ ] translation that was done by a lawyer or authority that has the right to ratify Article 5 translations.”[1] Documents of the Application

CHAPTER TWO The European application must include at least the following documents: RECEIVING OF A EUROPEAN a. A statement with which the grant of a APPLICATION BY OBI European patent is requested. b. Particulars that confirm the appli- Article 3 cant’s identity or particulars that con- Filing of the application tain the applicant’s contact infor- mation. 1. European patent applications may be c. A description of the invention or ref- filed either with OBI at its seat in Athens erence to a previously submitted ap- or eventually at its branches. Divisional plication for the grant of a European European applications shall exempt as patent.”[3] they are to be directly filed with EPO. Article 5a 2. A European application must be filed Priority Right with OBI in case the applicant is a 1. Pursuant to article 87 of the Con- Greek citizen and there is not claimed a vention, as said article was amended priority based on an earlier Greek appli- with paragraph 34 of article 1 of the Re- cation. vision Act, within the framework of the procedure for the grant of a European Article 4 patent, the priority right that the appli- Language of the Application cant or his successor in title enjoys con- cerns all prior regular filings, regardless 1. The application for the grant of a Eu- of whether these were filed in a state ropean patent may be completed in any party to the Paris Convention for the language. If the application is not com- Protection of Industrial Property of 20 pleted in one of the official languages of March 1883 (as said convention has the EPO, in other words German, Eng- been revised) that was ratified with the lish or French, it must be translated into first article of Law 213/1975 (Govern- one of said official languages, pursuant ment Gazette A’ 258) on the ratification to the provisions of the Convention, as of the Paris Convention of 1883 for the said convention was amended with the Protection of Industrial Property, as said Revision Act. convention was revised in Stockholm on 2. Natural or legal persons who have 14 July 1967, or in a Member of the their place of residence or registered of- 2 Article 4 of the PD/77/1988 is replaced by arti- cle 2 of the PD/46/23.04.2012 (GG A’ 95). 1 Article 2 of the PD/77/1988 is replaced by arti- 3 Article 5 of the PD/77/1988 is replaced by arti- cle 1 of the PD/46/23.04.2012 (GG A’ 95). cle 3 of the PD/46/23.04.2012 (GG A’ 95).

46 World Trade Organisation. ly from the respective Book for national applications. The numbering of the 2. In application of articles 1 and 3 of pages of the Book begins on the first the Agreement on Trade-Related As- day of each year and the numbering of pects of Intellectual Property Rights that the applications received by OBI follows is contained in Law 2290/1995 on the the practice of EPO, in accordance with ‘Ratification of the final act concerning article 6 of the present presidential de- the results of the multilateral commercial cree. 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

1. The responsible employee of OBI TRANSLATIONS shall receive the European application, note the date of receiving thereon and Article 9 on each supporting document as well Filing of Translations as, give registration number out of the Register Book for European applica- 1. The translation of the claims of the tions, and immediately issue a receipt. European application must be filed in duplicate with OBI and be accompanied 2. The number and the type of the sup- by the receipt of payment of the respec- porting documents as well as the date of tive application fee. In case of non- filing must be written on the receipt. payment of the fee, OBI reserves the right of not publishing in the Bulletin the Article 7 notification mention for the filing of the Registration of the application translation of the claims.

1. The European application shall be 2. The European application number, registered in the Register Book kept by the name and the address of the appli- OBI in accordance with the national leg- cant, the number of the publication of islation currently in force and the rules the European application by the EPO concerning the secrecy for the national and the Greek translation of the title of patents. the Invention must accompany the translation of the European application 2. The Book shall be indicated as Regis- claims and must be filed in duplicate ter Book, Volume B’, “European applica- along with the application with OBI. In tion”, part A’ and shall be kept separate- case of priority claim the respective in- formation must be also stated.

1 Article 5a is inserted by article 4 of the PD/46/23.04.2012 (GG A’ 95).

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, 3 The provisional protection that is provid- Energy and Technology.”[ ] 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 Paragraph 3 of article 9 of the PD/77/1988 is 3 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.

1. OBI publishes in the Bulletin the Article 15 mention of the filing of the translation of Reviewing of translation the European patent. In the case of paragraph 2 of article 14, 2. After the publication date, third par- the beneficiary of the European applica- ties can be supplied with information or tion or European patent may file with copies of the translation and the accom- OBI, whenever desirable a reviewed panying documents upon request. translation of the European application or European patent. The reviewed 3. OBI may proceed to publishing a pe- translation shall be in force from the riodical or special issue containing the date that the prerequisites of articles 9, translations of the European patents 10, 11 and 12 of this decree are met. and/or the European applications. Article 16 4. Spelling or syntax mistakes in the Rights emanating from a previous text of the translations may be corrected exploitation at any time by the applicant. For the correction the applicant must designate A person using an invention in good the issue number and the date of publi- faith or who has proceeded to all neces- cation of the mention in the Bulletin, if sary action for the exploitation thereof, the incorrect translation has already without infringing any right emanating been published. from the European application or Euro- pean patent based on the text of the ini- CHAPTER FOUR tial translation, may continue such use without payment in the course of his AUTHENTIC TEXTS - RIGHTS OF business or for the needs thereof, even THIRD PARTIES after the entry into force of the reviewed translation. Article 14 Authentic text of a European patent ap- CHAPTER FIVE plication or European patent FEES - REPRESENTATION 1. Authentic text for any proceedings before the Greek authorities is consid- Article 17 ered the text of the European applica- Payment of fees - Consequences tion or European patent as compiled in the language of the proceedings of the 1. For the maintenance of a European EPO. patent in force in Greece annual fees must be paid to OBI in advance. The 2. With the exception of paragraph 1, if article 24 of Law No. 1733/1987 con- the text translated in Greek in accord- cerning annual protection fees for na- ance with articles 9 and 11 of the pre- tional patents is respectively applied sent decree provides for a narrower pro- thereto. tection than in the text according to the language of the procedure before the 2. The first instalment of annual protec- EPO, as authentic is considered the text tion fees for a European patent with

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 correspond to those amounts that are 1 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”. a. The application has not been sent to Article 22 the EPO within 14 months following the Cases of cumulative protection filing or the priority date, if priority is claimed; 1. If a national and a European patent with force in Greece have been granted b. The European application was filed in for the same invention to the same in- Greek and its translation, pursuant to ventor or patentee under the same filing paragraph 2 of article 14 of the Conven- or priority date, the Greek patent shall tion, as it was amended with paragraph cease being in force as from the date on 3 of article 1 of the Revision Act, was which: not filed with the EPO within a deadline of two (2) months of the date of filing of a. The term for filing an opposition with the application for the grant of a Euro- EPO has expired or, pean patent.[1] b. The examination procedure of the Article 21 opposition has come to an end and the Procedure for the Conversion European patent remains in force.

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

2. Within four months of the filing of the Article 23 application for conversion, the applicant Registering must file in duplicate a Greek translation of the European application. Otherwise 1. The OBI shall record in the Register the application shall be deemed with- of Patents, Volume B’, with the indica- drawn. tion ‘European’, the particulars that con- cern European patents and that are rec- orded in the Register of European Pa- tents, pursuant to article 127 of the Convention, as said article was amend- 1 Sub-paragraph (b) of article 20 of PD 77/1988 is replaced by article10 of PD/46/23.04.2012 (GG A’ 95). 2 The second clause of the first paragraph of article 21 of Presidential Decree 77/1988 is re- placed by article 11 of PD/46/23.04.2012 (GG A’ 95).

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

1. The OBI shall grant the proprietor of the certificate of filing of a translation of a European patent a ratified copy of the filing and of all possible changes in the ownership status of the certificate from the Register of Patents, Volume B’, with the indication ‘European’, that the Or- ganisation keeps. The ratified copy shall be accompanied by the corresponding publications in the Bulletin.

2. The ratified copy provided for under paragraph 1 of the present article, which bears the title ‘Confirmation of registra- tion in the Registers of the OBI’, is pro- vided on the same day for use before the EPO within the framework of the proceedings for the limitation or revoca- tion of a European patent.

3. The ratified copy provided for under paragraph 1 of the present article is ac- companied by its translation into English 2 by the Services of the OBI.[ ] 3 In article 24 of PD/77/1988 is inserted article 14 of PD/46/23.04.2012 (GG A’ 95) as follows: “Without prejudice to the transitional provisions of article 7 of the Revision Act, the present Pres- idential Decree is valid from the date the Revi- sion Act enters into force, in other words from 13 1 Par. 1 of article 23 of the PD/77/1988 is re- December 2007. placed by article 12 of the PD/46/23.04.2012 We hereby assign the publication of the present (GG A’ 95). Presidential Decree in the Government Gazette 2 Article 23a is inserted by article 13 of the and its execution to the Minister of Education, PD/46/23.04.2012 (GG A’ 95). Lifelong Learning and Religious Affairs”.

53 PRESIDENTIAL DECREE No 16/1991

"Implementing regulations of the Patent Cooperation Treaty as ratified by Law No 1883/1990"

THE PRESIDENT June 19, 1970 and modified on October OF THE HELLENIC REPUBLIC 2, 1979 and February 3, 1984 together with the Regulations thereof and ratified Having regard to Article 4 of Law No. in Greece by Law No. 1883/1990 (Offi- 1883/1990 on the Ratification of the Pa- cial Journal - GG No. 45 A’/29.03.1990). tent Cooperation Treaty done at Wash- ington on June 19, 1990 and modified b. “international application” shall mean on October 20, 1979 and February 3, the application filed under this Treaty. 1984 (Official Journal - GG No. 45, A’). c. “certified translation” shall mean the Having regard to the provisions of Law translation done by a lawyer or any au- No 1558/1985 on “Government and thority entitled to certify translations. Governing Bodies” (Official Journal - GG No. 137, A’). d. “EPO” shall mean the European Pa- tent Office as defined in the European Having regard to the opinion No. Patent Convention (Convention on the 619/1990 of the Council of State follow- Grant of European Patents) ratified in ing proposal from the Minister of Indus- Greece by Law 1607/1986 (Official try, Journal - GG No. 85 A’).

HEREBY DECIDES: CHAPTER TWO

CHAPTER ONE RECEIPT OF THE INTERNATIONAL APPLICATION BY THE OBI GENERAL PROVISIONS Article 3 Article 1 Filing of the Application Scope 1. The international application may be This Presidential Decree shall be im- filed either at the Athens - seated Offic- plemented in applications filed in ac- es of the Industrial Property Organisa- cordance with the regulations under the tion (OBI) or at the branches thereof, if Patent Cooperation Treaty (PCT) which any, or alternatively with the European may result in the grant of a patent in or Patent Office in Munich or the Branch for one of the Contracting States. thereof at The Hague.

Article 2 2. The international application must be Definitions filed with the OBI if the applicant is a Greek citizen and provided that no prior- For the purposes of this Decree: ity for an earlier Greek application is claimed (art. 1 and 2 of Law No. a. “Cooperation Treaty” shall mean the 4325/1963 on “inventions concerning convention on the Patent Cooperation the national defence”). Treaty (PCT) done at Washington on

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.

Article 15 2. The mode of payment and the amount due for the rest of the fees to be The implementation of Article 12, para- paid for the benefit of the OBI as pre- graph 1 of this Decree concerning the scribed in this Decree are as set out in grant of a European Patent valid in the current Fee Regulations of the OBI Greece following the filing of an interna- tional application shall fall within the Article 18 provisions of Presidential Decree No. Fees for the benefit of the WIPO 77/1988. (The International Fee)

CHAPTER FOUR 1. The OBI requires that each interna- tional application shall be subject to the FEES - REPRESENTATION payment of an international fee for the benefit of the WIPO consisting of: Article 16 Payment of Fees - Consequences a. a “basic fee”, and

1. The filing of the international applica- b. as many “designation fees” as there tion with the OBI shall be accompanied are national patents and regional pa- by the payment of a transmittal fee to it, tents sought by the application in the in- for its own benefit, pursuant to Rule 14 ternational application, except that if a of the Treaty. regional patent is selected, only one designation fee shall be due. The amount of the transmittal fee shall by due within one month from the re- 2. The amount of the basic fee and of ceipt of the international application by the designation fee shall be paid to the the OBI OBI in Greek drachmas in the equiva- lent of the amount in Swiss currency as 2. Additionally, the filing of the interna- set out in the Schedule of Fees of the tional application requires the payment WIPO and established by decision of of an international fee for the benefit of the Director General of this International the WIPO and of a search fee for the Organization. benefit of the EPO. 3. The basic fee shall be paid to the Article 17 OBI within a month from the date of re- Fees for the benefit of the OBI ceipt of the international application. (The Transmittal Fee) 4. The designation fee shall be paid: 1. The transmittal fee for the interna- tional application shall be paid for the a. within one year from the date of re- benefit of the OBI and the amount shall ceipt of the international application be fixed in accordance with Article 24, where the application does not contain a paragraph 6 of Law No. 1733/1987 by priority claim, or decision of the administrative council of the OBI. This fee shall be refunded in b. within one year from the priority date full to the applicant if the international or within one month from the date of re- application fails to be transmitted to the ceipt of the international application

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

"Legal protection of topographies of semiconductor products in compliance with Council Directive 87/54/EEC of 16 December 1986 as supplemented by Decision 87/532/EEC and 88/311/EEC"

THE PRESIDENT 6. Having regard to the opinion No. OF THE HELLENIC REPUBLIC 628/1990 of the Council of State following proposal from the Deputy Minister of the 1. Having regard to Articles 4 and 5 of National Economy and the Ministers of Law 1338/1983 on the Implementation Justice, Industry, Energy and Technolo- of Community Law (Greek Government gy, Journal 34, vol. A) as amended and supplemented with Article 6(4) of Law HEREBY DECIDES: 1440/1984 on participation of Greece in the Capital, Reserves and Commit- CHAPTER ONE ments of the European Coal and Steel Community and the Euratom Supply GENERAL PROVISIONS Organisation (GG 70, vol. A), as amended with Article 7 of Law Article 1 1775/1988 on companies providing Objective venture capital and other provisions (GG 101, vol. A); The objective of this Decree is to trans- pose Council Directive 87/54/EEC of 16 2. Having regard to Law 945/1979 on December 1986 on the legal protection of Ratification of the Treaty of accession topographies of semiconductor products, of Greece to the European Economic published in Greek in the Official Journal Community (GG 170, vol. A) of 27 July of the European Communities on 27 Jan- 1979; uary 1987 (Official Journal NO. 24), as amended by Decision 87/532/EEC of 26 3. Having regard to the Act of Acces- October 1987 published in Greek in the sion of the Kingdom of Spain and the Official Journal of the European Commu- Portuguese Republic to the European nities on 4 November 1987 (Official Jour- Economic Community and the Europe- nal No.131) and Decision 88/311/EEC of an Economic Energy Community (Offi- 31 May 1988. cial Journal No. 302/15.01.1985) as ratified by Law 1572/1985 (GG 193, Article 2 vol. A, 1985); Definitions

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:

5. Having regard to Decision of the i) consisting of a body of material which Prime Minister G 1250 of 15 January includes a layer of semiconducting mate- 1991 (GG vol. B, 10) supplementing rial; and decision G 1201 of 5 October 1990,

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 b. the “topography” of a semiconductor b. it is not commonplace in the semicon- product shall mean a series of related ductor industry. images, however fixed or encoded; 2. Topographies which consist of ele- i) representing the three-dimensional ments that are commonplace in the semi- pattern of the layers of which a semi- conductor industry shall be protected only conductor product is composed; and to the extent that the combination of such elements, taken as a whole, fulfils the ii) in which series, each image has the conditions set out in paragraph 1. pattern or part of the pattern of a sur- face of the semiconductor product at 3. The true copy of a topography shall any stage of its manufacture; not be a product of intellectual effort. c. a “commercial exploitation” means 4. Protection of a topography does not the sale, rental, leasing or any other extend to the principles, procedures, sys- method of commercial distribution, or tems, technology or coded information an offer for these purposes. incorporated in that topography.

The above-mentioned commercial ex- CHAPTER TWO ploitation shall not include exploitation under conditions of confidentiality to ENTITLEMENTS AND the extent that no further distribution to PROCEDURES third parties occurs, unless the exploi- tation of a topography occurs under Article 4 conditions of confidentiality for the pro- Right to acquire protection tection of the essential interests of State security which are connected 1. The creator or owner pursuant to Arti- with the production or trade of arms, cle 7 of this Decree, and his successors, munition and war material in accord- shall be entitled to have their topography ance with the provisions of Article protected. 223(1)(b) of the EEC Treaty. 2. The creator is the person who first files d. “OBI” is the Athens-based Industrial an application for registration of a topog- Property Organisation (Law No. raphy in accordance with Article 6 of this 1733/1987). Decree.

61 Article 5 which have commercial or industrial es- Co-ownership of a topography tablishment there:

If several persons created the topogra- . Australia phy together and provided no agree- . Collectivité territoriale de Saint-Pierre ment specifying otherwise exists, the et Miguelon right shall belong to them all jointly. . French Polynesia Each co-owner may freely transfer his . French Southern and Antarctic Territo- share and attend to the protection of ries the common topography.[1] . Iceland . Japan Article 6 . Liechtenstein Right to register a topography . New Caledonia and dependencies . Norway 1. The following persons shall have the . Canada right to file an application for registra- . tion with the OBI and to protection of . Wallis and Futuna Islands topography in accordance with Articles 4 and 9 of this Decree: 3. a. The right to protection under para- graph 1 shall also extend to natural per- a. natural persons who are nationals sons who are nationals of the United of a member State of European Union States of America or nationals of one of or have their habitual residence on the the following territories or have their ha- territory of a Member State or of a bitual residence in one of the following Member State of the European Free territories: Trade Association (EFTA), with the ex- ception of Switzerland; [2] . Anguilla . Aruba b. companies or other legal persons . Bermuda which have a real and effective indus- . British Indian Ocean Territory trial or commercial establishment on . British Virgin Islands the territory of a Member State of the . Cayman Islands Union or of a Member State of the Eu- . English Normand Islands ropean Free Trade Association . Falkland Islands (EFTA), with the exception of Switzer- . Hong Kong land. [3] . Man Island . Montserrat 2. The right referred to in paragraph 1 . Pitcairn shall also extend to natural persons . St Helena who are nationals of one of the follow- . St Helena dependencies (Ascension, ing countries or have their habitual res- Tristan da Cunha Islands) idence there in such a country, and to . South Georgia and the South Sand- companies or other legal persons wich Islands . Turks and Caicos Islands . Netherlands Antilles

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.

Article 8 CHAPTER THREE Vindication REGISTRATION PROCEDURE - 1. The rightful owner of the topography CERTIFICATE may, whenever a third party has filed without his consent an application for Article 9 registration of a topography relating to Filing of applications his topography or essential elements of this topography, file a claim against 1. Whoever wishes to register a topogra- this third party for recognition of the phy must file an application with the OBI, rights deriving from his application and, which must contain: if a certificate of registration has been granted, of the rights which derive from a. the full name, nationality, place of resi- this certificate. dence or head office and address of the depositor for the purposes of Article 6 of 2. This claim must be filed within two this Presidential Decree. years of publication of the registration particulars in the Industrial Property b. a description of the topography in ac- Bulletin. This deadline shall not apply cordance with Article 2 of this Presidential if the holder of the certificate was Decree. aware at the time the certificate was registered or at the time of transfer of c. a declaration of the date when the to- the topography of the right of the pography was first exploited on a non- claimant. confidential commercial basis, when this date is earlier than that of the date of reg- 3. A summary of this irrevocable deci- istration. This declaration must prove that sion in recognition of such a claim shall the time limit stipulated in paragraph 4 be deposited with the Register of To- above has been respected; pographies. d. an application for registration of the 4. From the date of deposition the li- topography. This application shall be ac- cences as well as any other right con- companied by proof of payment of the cerning the topography are considered deposition and registration fee for the to- null and void. The losing party as well pography. as third parties may request from the recognised owner the concession, 2. Insofar as the application satisfies all against remuneration, of a non exclu- the conditions of paragraph 1, it shall be accepted for filing, it shall be considered

1 As amended by Article 3 PD 415/1995

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.

3. The provisions set forth in para- graphs 3, 4, 5, 6 and 7 of article 17 of Hellenic Law 1733/1987, as well as those set forth in articles 17A to 17F of

1 Paragraph 1 is cited as replaced by par. 3, article 2 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

"Concerning the Creation of a Supplementary Protection Certificate for Medicinal Products*"

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;

Whereas the duration of the protection 1 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

Whereas special arrangements should Any product protected by a patent in the be allowed in Member States whose territory of a Member State and subject, laws introduced the patentability of prior to being placed on the market as a pharmaceutical products only very re- medicinal product, to an administrative cently; authorization procedure as laid down in Council Directive 65/65/EEC or Directive Whereas provision should be made for 81/851/EEC may, under the terms and appropriate limitation of the duration of conditions provided for in this Regula- the certificate in the special case where tion, be the subject of a certificate. a patent term has already been extend- ed under a specific national law, has Article 3 adopted this Regulation: Conditions for Obtaining a Certificate

A certificate shall be granted if, in the Member State in which the application

70 referred to in Article 7 is submitted and Article 6 at the date of that application: Entitlement to the Certificate a. the product is protected by a basic The certificate shall be granted to the patent in force; holder of the basic patent or his succes- sor in title. b. a valid authorization to place the product on the market as a medicinal Article 7 product has been granted in accordance Application for a Certificate with Directive 65/65/EEC [1] or Directive 81/851/EEC, 2 as appropriate; 1. The application for a certificate shall be lodged within six months of the date c. the product has not already been the on which the authorization referred to in subject of a certificate; Article 3(b) to place the product on the market as a medicinal product was d. the authorization referred to in (b) is granted. the first authorization to place the prod- ucts on the market as a medicinal prod- 2. Notwithstanding paragraph 1, where uct. the authorization to place the product on the market is granted before the basic Article 4 patent is granted, the application for a Subject Matter of Protection certificate shall be lodged within six months of the date on which the patent Within the limits of the protection con- is granted. ferred by the basic patent, the protection conferred by a certificate shall extend Article 8 only to the product covered by the au- Content of the Application for a thorization to place the corresponding Certificate medicinal product on the market and for any use of the product as a medicinal 1. The application for a certificate shall product that has been authorized before contain: the expiry of the certificate. a. a request for the grant of a certificate, Article 5 stating in particular: Effects of the Certificate i) the name and address of the appli- Subject to the provisions of Article 4, the cant; certificate shall confer the same rights as conferred by the basic patent and ii) if he has appointed a representative, shall be subject to the same limitations the name and address of the repre- and the same obligations. sentative;

iii) the number of the basic patent and the title of the invention; 1 EU No. L 22 of 09.12.1965, p. 369/65, Directive amended by Directive 89/341/EEC (EU No. 142 of 25.05.1989, p. 11) iv) the number and date of the first au- thorization to place the product on the 2 EU No. L 317 of 06.11.1981, p. 1, Directive amend- market, as referred to in Article 3(b) and, ed by Directive 90/676/EEC (EU No. L 373 of if this authorization is not the first au- 31.12.1990, p. 15) thorization for placing the product on the

71 market in the Community, the number a. the name and address of the appli- and date of that authorization; cant; b. a copy of the authorization to place b. the number of the basic patent; the product on the market, as referred to in Article 3(b), in which the product is c. the title of the invention; identified, containing in particular the number and date of the authorization d. the number and date of the authoriza- and the summary of the product charac- tion to place the product on the market, teristics listed in Article 4a of Directive referred to in Article 3(b), and the prod- 65/65/EEC or Article 5a of Directive uct identified in that authorization; 81/851/EEC; e. where relevant, the number and c. if the authorization referred to in (b) is date of the first authorization to place not the first authorization for placing the the product on the market in the Com- product on the market as a medicinal munity. product in the Community, information regarding the identity of the product thus Article 10 authorized and the legal provision under Grant of the Certificate or Rejection of which the authorization procedure took the Application place, together with a copy of the notice publishing the authorization in the ap- 1. Where the application for a certificate propriate official publication. and the product to which it relates meet the conditions laid down in this Regula- 2. Member States may provide that a tion, the authority referred to in Article fee is to be payable upon application for 9(1) shall grant the certificate. a certificate. 2. The authority referred to in Article 9(1) Article 9 shall, subject to paragraph 3, reject the Lodging of an Application for a application for a certificate if the applica- Certificate tion or the product to which it relates does not meet the conditions laid down 1. The application for a certificate shall in this Regulation. be lodged with the competent industrial property office of the Member State 3. Where the application for a certificate which granted the basic patent or on does not meet the conditions laid down whose behalf it was granted and in in Article 8, the authority referred to in which the authorization referred to in Ar- Article 9(1) shall ask the applicant to ticle 3(b) to place the product on the rectify the irregularity, or to settle the market was obtained, unless the Mem- fee, within a stated time. ber State designates another authority for the purpose. 4. If the irregularity is not rectified or the fee is not settled under paragraph 3 2. Notification of the application for a within the stated time, the authority shall certificate shall be published by the au- reject the application. thority referred to in paragraph 1. The notification shall contain at least the fol- 5. Member States may provide that the lowing information: authority referred to in Article 9(1) is to grant certificates without verifying that

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 , 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 , 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.

The decisions of the authority referred to Article 20 in Article 9(1) or of the body referred to in Article 15(2) taken under this Regula- This Regulation shall not apply to certifi- tion shall be open to the same appeals cates granted in accordance with the as those provided for in national law national legislation of a Member State against similar decisions taken in re- before the date on which this Regulation spect of national patents. enters into force or to applications for a certificate filed in accordance with that Article 18 legislation before the date of publication Procedure of this Regulation in the Official Journal of the European Communities. 1. In the absence of procedural provi- sions in this Regulation, the procedural Article 21 provisions applicable under national law to the corresponding basic patent shall In those Member States whose national apply to the certificate, unless that law law did not on January 1, 1990, provide lays down special procedural provisions for the patentability of pharmaceutical for certificates. products, this Regulation shall apply five years after the entry into force of this 2. Notwithstanding paragraph 1, the Regulation. Article 19 shall not apply in procedure for opposition to the granting those Member States. of a certificate shall be excluded.

74 Article 22 FINAL PROVISION

Where a certificate is granted for a Article 23 product protected by a patent which, be- Entry into Force fore the date on which this Regulation enters into force, has had its term ex- This Regulation shall enter into force six tended or for which such extension was months after its publication in the Official applied for, under national patent law, Journal of the European Communities. the term of protection to be afforded un- der this certificate shall be reduced by This Regulation shall be binding in its the number of years by which the term entirety and directly applicable in all of the patent exceeds 20 years. Member States.

75 PRESIDENTIAL DECREE No 54/14.02.1992

“Amendment to the provision of Law No 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)”

THE PRESIDENT Article 1 OF THE HELLENIC REPUBLIC The purpose of this Presidential Decree is to ensure the compliance of the Greek legislation with the provisions of Article 30 Having regard to: et seq. of the EC Treaty.

1. Article 3 of Law 1338/1983 “Imple- Article 2 mentation of Community Law” (Α/34) as amended by Article 6 of Law Article 13(2) of Law 1733/1987 shall be 1440/1984 “Participation of Greece in replaced as follows: the capital, the reserves and the provi- sions of the European Coal and Steel “2. The non-contractual license shall not Community and the EURATOM Supply be provided if the beneficiary of the pa- Agency” (Α/70), Article 7 of Law tent documents the non-exploitation or 1775/88 (GG 101 Α’) and Article 65 of the inadequate exploitation in the country. Law 1892/1990 “Regarding moderniza- The product’s import shall not constitute a tion and development and other provi- reason for invoking and implementing this sions” (Α/101). provision. The provision of the previous sub-paragraph shall not apply to imports 2. Law 945/1979 “Regarding Ratifica- of products from the Member States of tion of the Treaty of Accession of the European Communities”. Greece to the European Economic Community” (GG 170, Α’, 27.7.1979). Article 3

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

“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 1967, and of the Supplementary Act of Stockholm of 14 July 1967, as amended at Stockholm on 28 September 1979” [1]

Article 3 4. National entitlement to protection of a Definition of a design or specimen design or specimen shall be governed mutatis mutandis by the same provi- 1. For the purposes of the implementa- sions on acquisition, succession, exploi- tion of national legislation, by the follow- tation, invalidity, ing shall be meant: forfeiture, and entry in the registers of the Industrial Property Organisation a. 'Design or specimen': the external (OBI) which have force as to patents by visible image of the whole or a part of a virtue of Law 1733/1987 'Transfer of product which results from the individual technology, inventions, and technologi- characteristics which it possesses, and cal innovation' (Government Gazette particularly, the line, the outline, the col- 171 A’), Articles 2, 3, 4, 6, 7, 10, 12, 15, our, the pattern, the form and/or the ma- 16, 17 and 24. terials of the product itself and/or of the decoration which it bears. Article 4 Delegations b. 'Product': any industrial or craft indus- try product, included in which are con- Presidential Decrees, issued on the stituents intended for assembly into a proposal of the Minister of Development, composite product, the packaging, to whom the Board of Management of presentation, graphic symbols, and ty- the Industrial Property Organisation pographical features, but computer pro- shall act as rapporteur, shall regulate grammes are excluded. the details of the implementation of this law and of the Convention of The Hague 2. A design or specimen is protected if as to Greece, and particularly the lodg- it is new and has an individual charac- ing and procedure for acceptance of in- ter. ternational and national applications by the OBI, the beneficiaries of entitlement 3. There shall be no right in a design or to protection, the commencement, dura- specimen which is contrary to public or- tion and content of the national protec- der or good morals. tion afforded to designs and specimens, the entering of designs and specimens in the registers of the OBI, and the pub- lication of their particulars in the Special 1 The provisions which concern national entitlement to pro- Industrial Property Bulletin, invalidity or tection are given preclusion of registration, the collection of procedural duties and renewal duties by the OBI, transitional regulations, and matters concerning the accumulation of protection by means of other rights of

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

"Concerning the Creation of a Supplementary Protection Certificate for plant protection products"

THE EUROPEAN PARLIAMENT 4. Whereas the competitiveness of the AND THE COUNCIL OF plant protection sector, by the very na- THE EUROPEAN UNION, ture of the industry, requires a level of protection for innovation which is Having regard to the Treaty establishing equivalent to that granted to medicinal the European Community, and in partic- products by Council Regulation (EEC) ular Article 100a thereof, No. 1768/1992 of 18 June 1992 con- cerning the creation of a supplementary Having regard to the proposal from the protection certificate for medicinal prod- Commission [1], ucts; [4]

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;

3. Whereas plant protection products, 7. Whereas, one of the main objectives especially those that are the result of of the supplementary protection certifi- long, costly research, will continue to be cate is to place European industry on developed in the Community and in Eu- the same competitive footing as its rope if they are covered by favourable North American and Japanese counter- rules that provide for sufficient protec- parts; tion to encourage such research; 8. Whereas, in its Resolution of 1 Feb- ruary 1993 [5] on a Community pro- 1 OJ C 390, 31.12.1994, p. 21 and OJ C 335, 13.12.1995, p. 15 gramme of policy and action in relation 2 OJ No. C 155, 21.06.1995, p. 14 to the environment and sustainable de- 3 Opinion of the European Parliament of 15 June 1995 velopment, the Council adopted the (OJ C 166, 03.07.1995, p. 89), common position of the Council of 27 November 1995 (OJ C 353, 30.12.1995, p. 36) and decision of the European Par- liament of 12 March 1996 (OJ C 96, 01.04.1996, p. 4 OJ No. L 182, 02.07.1992, p. 1 30) 5 OJ No. C 138, 17.05.1993, p. 1

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;

1. “plant protection products”: active 6. “plant products”: products in the un- substances and preparations containing processed state or having undergone one or more active substances, put up only simple preparation such as milling, in the form in which they are supplied to drying or pressing, derived from plants, the user, intended to: but excluding plants themselves as de- fined in point 5; a. protect plants or plant products against all harmful organisms or prevent 7. “harmful organisms”: pests of plants the action of such organisms, in so far or plant products belonging to the ani- as such substances or preparations are mal or plant kingdom, and also viruses, not otherwise defined below; bacteria and mycoplasmas and other pathogens; b. influence the life processes of plants, other than as a nutrient (e.g. 8. “product”: the active substance as de- fined in point 3 or combination of active plant growth regulators); substances of a plant protection prod- uct; c. preserve plant products, in so far as such substances or products are not 9. “basic patent”: a patent which pro- subject to special Council or Commis- tects a product as defined in point 8 as sion provisions on preservatives; such, a preparation as defined in point 4, a process to obtain a product or an d. destroy undesirable plants; or application of a product, and which is designated by its holder for the purpose e. destroy parts of plants, check or pre- of the procedure for grant of a certifi- vent undesirable growth of plants; cate;

2. “substances”: chemical elements and 10. “certificate”: the supplementary pro- their compounds, as they occur naturally tection certificate or by manufacture, including any impuri- ty inevitably resulting from the manufac- Article 2 turing process; Scope

3. “active substances”: substances or Any product protected by a patent in the micro-organisms including viruses, hav- territory of a Member State and subject, ing general or specific action: prior to being placed on the market as a

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. b. a valid authorization to place the Article 6 product on the market as a plant protec- Entitlement to the Certificate tion product has been granted in ac- cordance with Article 4 of Directive The certificate shall be granted to the 91/414/EEC or an equivalent provision holder of the basic patent or his succes- of national law; sor in title. c. the product has not already been the Article 7 subject of a certificate; Application for a Certificate d. the authorization referred to in (b) is 1. The application for a certificate shall the first authorization to place the prod- be lodged within six months of the date uct on the market as a plant protection on which the authorization referred to product. in Article 3 (1)(b) to place the product on the market as a plant protection was 2. The holder of more than one patent granted. for the same product shall not be grant- ed more than one certificate for that 2. Notwithstanding paragraph 1, product. However, where two or more where the authorization to place the applications concerning the same prod- product on the market is granted before uct and emanating from two or more the basic patent is granted, the applica- holders of different patents are pending, tion for a certificate shall be lodged with- in six months of the date on which the 1 OJ L 230, 19.08.1991, p. 1. Directive as last patent is granted. amended by Directive 95/36/EC (OJ L 172, 22.07.1995, p. 8)

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;

2. The authority referred to in Article f. the duration of the certificate. 9(1) shall, subject to paragraph 3, reject the application for a certificate if the ap- 2. Notification of the fact that the appli- plication or the product to which it re- cation for a certificate has been rejected lates does not meet the conditions laid shall be published by the authority re- down in this Regulation. ferred to in Article 9(1). The notification shall contain at least the information 3. Where the application for a certificate listed in Article 9(2). does not meet the conditions laid down in Article 8, the authority referred to in Article 12 Article 9(1) shall ask the applicant to Annual Fees rectify the irregularity, or to settle the fee, within a stated time. Member States may require the certifi- cate to be subject to the payment of an- 4. If the irregularity is not rectified or the nual fees. fee is not settled under paragraph 3 within the stated time, the application Article 13 shall be rejected. Duration of the Certificate

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.

The certificate shall lapse: Article 16 Notification of Lapse or Invalidity a. at the end of the period provided for in Article 13; If the certificate lapses in accordance with Article 14(b), (c) or (d) or is invalid b. if the certificate-holder surrenders it; in accordance with Article 15, notifica- tion thereof shall be published by the c. if the annual fee laid down in accord- authority referred to in Article 9(1). ance with Article 12 is not paid in time; Article 17 d. if and as long as the product covered Appeals by the certificate may no longer be placed on the market following the with- 1. The decisions of the authority re- drawal of the appropriate authorization ferred to in Article 9(1) or of the body or authorizations to place it on the mar- referred to in Article 15(2) taken under ket in accordance with Article 4 of Di- this Regulation shall be open to the rective 91/414/EEC or equivalent provi- same appeals as those provided for in sions of national law. The authority re- national law against similar decisions ferred to in Article 9(1) may decide on taken in respect of national patents. the lapse of the certificate either on its own initiative or at the request of a third 2. The decision to grant the certificate party. shall be open to an appeal aimed at rec- tifying the duration of the certificate Article 15 where the date of the first authorization Invalidity of the Certificate to place the product on the market in the Community, contained in the application 1. The certificate shall be invalid if: for a certificate as provided in Article 8, is incorrect. a. it was granted contrary to the provi- sions of Article 3; Article 18 Procedure b. the basic patent has lapsed before its lawful term expires; 1. In the absence of procedural provi- sions in this Regulation, the procedural c. the basic patent is revoked or limited provisions applicable under national law to the extent that the product for which to the corresponding basic patent and, the certificate was granted would no where appropriate, the procedural provi- longer be protected by the claims of the sions applicable to the certificates re- basic patent or, after the basic patent ferred to in Regulation (EEC) No. has expired, grounds for revocation ex- 1768/1992, shall apply to the certificate, ist which would have justified such revo- unless national law lays down special cation or limitation. procedural provisions for certificates as referred to in this Regulation. 2. Any person may submit an applica- tion or bring an action for a declaration 2. Notwithstanding paragraph 1, the of invalidity of the certificate before the procedure for opposition to the granting body responsible under national law for of a certificate shall be excluded.

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

2. An application made under para- Article 21 graph 1 for a certificate shall be submit- Entry into force ted within six months of the date on which this Regulation enters into force. This Regulation shall enter into force six months after its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

87 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 products”

the present decision, we have deter- THE MINISTERS mined: OF THE NATIONAL ECONOMY AND OF AGRICULTURE CHAPTER ONE

Having taken into consideration: GENERAL PROVISIONS

1. The provisions: Article 1 Aim a. Of Article 2, par. 1 (g) and (h) of Law 1338/1983 'Implementation of Commu- The aim of the present decision is the nity law' (Government Gazette 34 A’), as determination of the procedure for the that was amended by Article 6, para. 1 granting of a supplementary certificate of Law 1440/1984 'participation of of protection for plant protections prod- Greece in the capital, reserves and pro- ucts as to which a patent has been visions of the European Investment granted and which, before their circula- Bank, in the capital of the European tion on the market, are subject to an Coal and Steel Community and the administrative procedure for the granting EURATOM Supply Organisation' (Gov- of a circulation permit. ernment Gazette 70 A’). Article 2 b. Of Article 1, par. 2 of Law 1733/1987 Definitions 'Transfer of technology, inventions, and technological innovation, and the setting For the purposes of the implementation up of an Atomic Energy Commission' of this decision, the following shall be (Government Gazette 171 A’). meant by:

2. Of Law 2077/1992 'Ratification of the a. “Regulation 1610/96”: Regulation treaty of the European Union' (Govern- 1610/96 of the European Parliament ment Gazette 136 A’). and of the Council of the European Un- ion of 23 July 1996 'in connection with 3. Of Regulation 1610/96/EC of the Eu- the introduction of a supplementary cer- ropean Parliament and of the Council of tificate of protection for plant protection 23 July 1996 (EU No. L198/30 of 8 Au- products' (EU No. L198/30 of 8 August gust 1996). 1996).

4. Of Article 29 A’ of Law 1558/85 b. “Directive 91/414/EEC”: Directive (A/37), as that was added by Article 27 91/414 EEC of the Council of 15 July of Law 2081/1992 (GG A’ 154) and re- 1991 'in connection with the marketing placed by Article 1, par. 2a of Law of plant protection products' (EU No. 2469/1997 (GG A’ 38). L230/1 of 19 August 1991), as that was amended by Directives 95/35/EC (EU 5. The fact that no charge on the state No. L172/6 of 22 July 1995) and contin- budget is created by the provisions of ues in force and has been incorporated

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 c. “OBI”: the Industrial Property Organi- A right to protection shall be possessed sation, which has its registered office in by the holder of a patent and his general Athens (Article 1 of Law 1733/1987). or special successors in title in accord- ance with the terms of Article 3 of Regu- d. “Law 1733/1987”: Law 1733/1987 lation 1610/96. 'Transfer of technology, inventions, and technological innovation, and the setting Article 4 up of an Atomic Energy Commission' Competent authority (Government Gazette 171 A’). The competent authority for the lodging e. “Plant protection products”: active of the application and the granting of the substances and preparations within the certificate shall be the Industrial Proper- meaning of Article 1, par. 1 of Regula- ty Organisation (OBI). tion 1610/96. Article 5 f. “Patent”: the patent granted by the Lodging of an application IPO in accordance with Article 8 of Law 1733/87 (Government Gazette 171 A), 1. For the granting of a certificate, the or the European patent in force in lodging of an application with the OBI in Greece in accordance with Article 23 of accordance with Article 7 of Regulation Law 1733/87. 1610/96 shall be required. g. “Certificate”: the supplementary certif- 2. The application shall be submitted in icate of protection which is granted for two copies and shall contain the particu- plant protection products on the terms of lars of Article 8 of Regulation 1610/96. Article 3 of Regulation 1610/96. 3. To the application shall be annexed, h. “Circulation permit”: the granting of in addition to the particulars of para- approval for the circulation of a plant graph 2 of this article, the documents protection product in the market in ac- legitimating the person lodging them in cordance with Article 4 of Presidential the case of a legal person and the re- Decree 115/97 (Government Gazette A’ ceipt for the collection by the OBI of the 104), or in accordance with a corre- duty for the lodging of an application for sponding provision of national law in the the granting of a certificate. case of a plant protection product the application for approval of which was 4. If the terms of the paragraph 2 above lodged before the commencement of of the article are fulfilled, the application implementation of Directive 91/414 in shall be accepted for lodging. In this the member-states. event, the application shall be deemed to be regular, it shall be given a lodging date, and shall be entered in the Re- ports Register of the OBI.

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.

Article 6 2. The publication of the certificate shall Additional information also mandatorily state, apart from the data of Article 11, par. 1 of Regulation 1. Within four months from regular lodg- 1610/96, the term of force of the certifi- ing and after written notice from the OBI, cate. the applicant must submit to the OBI any missing information and supporting 3. In the event of the application being documents in accordance with Article 5, rejected by the OBI in accordance with paragraphs 2 and 3 of the present deci- Article 6, par. 2 of the present Ministerial sion. In this event, the application shall Decision, the act of rejection and the be deemed complete. particulars of Article 9, par. 2 of Regula- tion 1610/96 shall be published in the 2. If after the elapse of the time-limit of Industrial Property Bulletin. paragraph 1 above of this article, the OBI establishes that the data of the ap- CHAPTER FOUR plication have not been completed, the application shall be rejected. RIGHTS FROM THE CERTIFICATE - DUTIES CHAPTER THREE Article 9 CERTIFICATE - PUBLICATION Content of right

Article 7 The certificate shall give its holder, be- Granting of a certificate ing a natural or legal person, the exclu- sive rights of Article 10 of Law 1733/87, 1. If the application is complete and which shall be implemented mutatis mu- regular in accordance with Articles 5 tandis. and 6 of this decision and if the product which it concerns fulfils the terms of Article 10 Regulation 1610/96, the OBI shall grant Charges the certificate without a prior check on the terms of Article 3, par. 1, items (c) 1. For the lodging of an application for and (d) of Regulation 1610/96, on the the granting of a certificate, lodging du- responsibility of the applicant. ties shall be paid to the OBI.

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.

3. The level of the lodging duty and of the annual protection duties shall be de-

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.

This decision is to be published in the Government Gazette.

91 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 Provisions Concerning the National Title of Protection”

THE PRESIDENT as added with Article 27 of Law No. OF THE HELLENIC REPUBLIC 2081/1992 (Official Journal No. 154, A’) and amended with Article 1.2a of Law Having regard to: No. 2469/1997,

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,

HAS DECIDED AS FOLLOWS:

PART ONE GENERAL PROVISIONS

Article 1 of a product resulting from the specific Scope of application features of, in particular, the lines, con- tours, colours, shape, form and/or mate- This Presidential Decree shall apply to rials of the product itself and/or its or- international deposits of industrial de- namentation (Art. 3.1a of Law No. signs or models having effect to the Hel- 2417/1996); lenic territory and to national deposits for the protection of designs of models. b. “product” means any industrial or handicraft product, including parts in- Article 2 tended to be assembled into a complex Definitions product, packaging, getup, graphic symbols and typographic typefaces, but 1. For the purposes of national legisla- excluding computer programs (Art. 3.1.b tion: of Law No. 2417/1996); 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; c. “Agreement” means the Hague h. “multiple deposit” means a deposit Agreement Concerning the International that includes more than one design or Deposit of Industrial Designs as ratified model; by Greece with Law No. 2417/1996 (Of- ficial Journal No. 139, A’) (Art. 2 of the i. “Ministerial Decision No. 15928/EFA/ Agreement as ratified with Article 1 of 1253” means the Ministerial Decision of Law No. 2417/1996); December 24, 1987 concerning the “Fil- ing of an Application for the Grant of a d. “International Bureau” means the Bu- Patent or a Utility Model Certificate at reau of the International Union for the OBI and Keeping of Record Books” (Of- Protection of Industrial Property located ficial Journal No. 778, B’); in Geneva (Art. 2 of the Agreement as ratified with Article 1 of Law No. j. “priority claim” means a right of priority 2417/1996); from a previous application, as provided in Article 4 of the Paris Convention of e. “international deposit” of industrial 1883 for the protection of Industrial designs and models means a deposit Property, as ratified with Article 1 of Law made according to the provisions of the No. 213/1975 (Official Journal No. 258, Hague Agreement (Art. 2 of the Agree- A’). ment as ratified with Article 1 of Law No. 2417/1996);

PART TWO

IMPLEMENTATION OF THE HAGUE AGREEMENT AS RATIFIED WITH LAW NO. 2417/1996

INTERNATIONAL APPLICATION - PROTECTION

Article 3 2. An international application may be Filing of the application filed through the intermediary of OBI, when the application originates from 1. International applications may be Greece. filed either directly at the International Bureau in Geneva or through OBI in its 3. An application shall be deemed to premises in Athens or in its branches, if originate from Greece when the appli- any (Art. 4 of the Agreement as ratified cant has either a real and effective in- with Article 1 of Law No. 2417/1996). dustrial or commercial establishment in

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

CHAPTER ONE public before the date of filing of the ap- plication for registration, or, if priority is NATIONAL PROTECTION - claimed, the date of priority. Designs or INVALIDITY models shall be deemed to be identical if their features differ only in immaterial Article 12 details. Requirements for Protection 4. A design or model shall be consid- 1. A design or model as defined in Arti- ered to have an individual character if cle 2.1a of the present Presidential De- the overall impression it produces on the cree, shall be protected to the extent informed user differs from the overall that it is new and has an individual impression produced on such a user by character. any design or model which has been made available to the public before the 2. The protection of a design or model date of filing of the application for regis- shall commence on the date of its regis- tration, or, if priority is claimed, the date tration. of priority.

3. A design or model shall be consid- 5. In assessing the individual character ered to be new if no identical design or the degree of freedom of the designer in model has been made available to the developing the design or the model in

95 relation to the technical requirements Article 14 shall be taken into consideration. Non-prejudicial Disclosures

6. A design or model of a product con- 1. The novelty of a design or model stituting a component part of a complex shall not be affected in accordance with product shall only be considered to be Article 12.3 of the present Presidential new and to have individual character: Decree, if the design or the model has been made available to the public during a. if the component part, when incorpo- the 12-month period prior to the date of rated into the complex product, remains filing the application for registration, or, if visible during normal use of the product, priority is claimed, the date of priority for and one of the following reasons: 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.

1. For the purpose of applying Article 2. The novelty of a design or model 12.3 and 12.4 of the present Presiden- shall not be affected in case of display tial Decree, a design or model shall be of the design or the model at an officially deemed to have been made available to recognized international exhibition fall- the public, if it has been published fol- ing within the terms of the Convention lowing registration or otherwise exhibit- on International Exhibitions signed at ed, used in trade or otherwise disclosed, Paris on November 22, 1928 and ratified except where these events could not with Law No. 5562/1932 (Official Journal reasonably have become known in the 221, A’). In such case, the disclosure to normal course of business to the circles the public shall not exceed the period of specialized in the sector concerned, op- 6 months prior to the date of filing at OBI erating within the Community, before the and the depositor shall submit any evi- date of filing of the application for regis- dence of the products so displayed to tration at OBI, or, if priority is claimed, which the design or the model has been the date of priority. incorporated or applied subject to the requirements of the present Presidential 2. A design or model shall not, howev- Decree. er, be deemed to have been made available to the public for the sole rea- Article 15 son that it has been disclosed to a third Exceptions to Protection person under explicit or implicit condi- tions of confidentiality. 1. A design or model right shall not subsist, if:

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 a. the holder of the registered design or Article 17 the model is neither its designer, nor its Entitlement to Protection successor, nor its owner under Article 17 of the present Presidential Decree. 1. The right to register a design or model shall vest in the designer or his b. the protected design or model does successor in title. The person who files not fulfil the requirements of Articles 12 the application for the registration of a and 13 of the present Presidential De- design or model is deemed to be its cree. owner, without prejudice to the provi- sions of Article 18 of the present Presi- c. the features of the product’s appear- dential Decree. ance or the features of its interconnec- tion shall not be protected in accordance 2. If two or more persons have created with Article 15.1b and 15.1c of the pre- a design or model under a common cre- sent Presidential Decree. ative effort, provided that no different agreement has been concluded, the

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. d. The designation of the article or arti- g. A request for deferment of publication cles in which it is intended to incorporate of the application for the registration of the design or the model. the design or the model as provided for in Article 23 of the present Presidential e. A graphic representation or photo- Decree, which may not exceed twelve graph of the design or the model suita- months from the date of the deposit. ble for reproduction pursuant to Article 21 of the present Presidential Decree. h. An indication that the design or the model has been shown at an officially 3. The application may also include: recognized exhibition accompanied by a certificate stating the date on which the a. A list of the products in which the de- exhibition was held. sign or the model is intended to be in- corporated or to be applied. 4. In case of deferment of the publica- tion of the application for the registration b. The classification of the products re- of a design or model at OBI according to ferred to in the above paragraph (a) into paragraph 3g above, the applicant may classes and subclasses according to the attach to its application a sample of the Agreement Establishing an International product to which the design or the mod- Classification for Industrial Designs, el contained in the representation has signed at Locarno on October 8, 1968 been incorporated or applied. The as implemented. sample shall be deposited in a sealed packet of 30x30 cm maximum in dimen- c. If the applicant is not the designer or sions and not exceeding 4 kg in weight. the sole designer, a statement as to the The same graphic representation to the origin of the right to the design or the one accompanying the application shall model. be adhered to the packet’s top side. d. A request for priority from an earlier 5. Several designs or models may be deposit pursuant to Article 22 of the pre- included in a single application which is sent Presidential Decree and a declara- characterized as multiple application, tion of the date of the earlier deposit and provided that the designs or models of the State in which the earlier deposit shall not exceed a total of 50 and that was effected. the products in which they shall be in- corporated in or applied, all belong to e. A brief description, not exceeding the same subclass or to the same set or 100 words, of characteristic features of composition of items. In this case, the the design or the model, including any applicant shall pay to OBI an additional colours; said description shall indicate registration fee and an additional publi- the features characterizing the design or cation fee according to the conditions the model in accordance with its filed and procedure provided in Article 2.10g representation and shall not refer to and Article 24 of Law No. 1733/1987 technical particulars related to the oper- (Official Journal 171, A’), which corre- ation of the article incorporating the de- spond to a percentage of the basic reg-

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

1. The application shall be filed in two copies and shall be signed by the de-

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.

3. Within 10 months from the first duly Article 24 filed application abroad, the following Certificate of Registration - shall be filed at OBI: Publication 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

4. By deviation to paragraph 1 above, 1. The protection conferred by a design the rights conferred by the registration of or model right shall include any design a design or model shall be exercised by or model which produces on the in- third parties who, five years after the first formed user a similar impression. putting on the market of the product to which the design or the model is applied 2. In assessing the scope of protection, and following the payment of a fair and the degree of freedom of the designer in reasonable remuneration to the owner developing the design or the model in as agreed by the parties or in case of relation to the technical requirements, dispute, as decided by the competent shall be taken into consideration. Court provided in the present Presiden- tial Decree, may use it on the following Article 28 terms: Judicial Protection - Actions a. the product in which the design or the 1. In any case of an infringement or model is incorporated is a spare part of threatened infringement of a registered a mechanically operated vehicle, and design or specimen, the holder of such design or specimen (rightholder) may b. said use is intended to allow the re- request the lifting of the infringement pair of a mechanically operated vehicle, and its omission in the future. The lifting and of the infringement may include, on ap- plication by the rightholder, indicatively c. the public shall be informed of the and not restrictively, (a) the recall of the origin of the product used for the repair goods that were found to be infringing a under a permanent indication, such as right provided for under the present law the affixation of a commercial trademark and, as in appropriate cases, materials or trade name or by any other suitable principally used in the creation or manu- means. facture of these goods from the chan- nels of commerce, (b) the definitive re- 5. Whoever uses a design or model or moval of these goods and materials has made the necessary preparations from the channels of commerce or (c) for its use during the period of registra- the destruction of these goods and ma- tion of an application for a design or terials. In considering the application of model by a third party or during the pri- the previous clause, the need for pro- ority date, shall be entitled to continue portionality between the seriousness of its use for his business and its necessi- the infringement and the remedies or- ties. This right may be transferred only dered, as well as the interests of third with the business. parties, shall be taken into account. The measures provided for under the second 6. A registered design or model may be clause are carried out at the expense of given as security or be the subject of the infringer, unless particular reasons rights in rem or of a confiscation. are invoked for not doing so. The rightholder may also exercise the rights provided for under the first clause of the present paragraph against intermediar- ies whose services are used by a third party to infringe the rights provided for

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

2. The request for renewal shall be A design or model registered in accord- submitted by the holder of a registered ance with the provisions of the present design or model or his representative Presidential Decree shall also be eligible and shall be accompanied by a receipt for protection under the existing copy- right law in Greece as from the date on 1 Paragraph 1 is cited as replaced by par. 5, article 53 which it was created or fixed in any of Law 3966/2011 (GG A’ 181, 24.05.2011). form. 2 Paragraph 2 is cited as replaced by par. 6, article 53 of Law 3966/2011 (GG A’181, 24.05.2011). By para- graph 7, of this same article and law, is determined: Article 31 a. In cases pending at the time the present law enters into force, the procedural acts that have not been car- ried out are carried out in accordance with the provi- The present Presidential Decree shall sions of that law. enter into force as of the date of its pub- b. The duration of the deadlines that had begun prior lication in the Official Journal of the Hel- to the entry into force of this law is estimated in ac- cordance with the provisions set forth in that law only lenic Government. In the case of inter- if the stipulated duration of those deadlines is greater national designs or models deposited than that provided for under the provisions that were under the Hague Agreement the present in force.

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)

“Institutions, measures and actions for cultural development”

THE PRESIDENT Article 8 OF THE HELLENIC REPUBLIC Paragraph 18 The international term ‘propriété intellec- Hereby issues the following law as tuelle’ (‘intellectual property’) is literally adopted by the Parliament: rendered into the Greek language (‘dia- noitiki idioktisia’) and contains both liter- ary property (‘propriété littéraire et artis- tique’ or ‘droits d’auteur’, copyright) and related rights, and industrial property (‘propriété industrielle’), e.g. patents and trade marks.

106 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”

THE MINISTERS ticle 1, par. 2a of Law 2469/1997 (A’ OF THE NATIONAL ECONOMY, 38). OF DEVELOPMENT AND OF HEALTH AND WELFARE The fact that no charge on the state budget is created by the provisions of Having taken into consideration: the present decision.

1. The provisions: The minute of 22 October 1997 of the Administrative Council of the OBI. a. Of Article 2, par. 1 (h) and (j) of Law 1338/1983 'Implementation of Commu- We have determined: nity law' (Government Gazette 34 A’) as this was amended by Article 6, par. 1 of Law 1440/1984 'Participation of Greece CHAPTER ONE in the capital, reserves, and provisions of the European Investment Bank, and GENERAL PROVISIONS in the capital of the European Coal and Steel Community and the EURATOM Article 1 Supply Organisation' (Government Ga- Aim zette 70 A’). The aim of the present decision is the b. Of Article 1, par. 2 of Law 1733/1987 determination of the procedure for the 'Transfer of technology, inventions, and granting of a supplementary certificate technological innovation, and setting up of protection for pharmaceuticals for of an Atomic Energy Commission' (Gov- which a patent has been granted and ernment Gazette 171 A’). which, before their circulation in the market, are subject to an administrative c. Of Articles 11 and 12 of Presidential procedure for the granting of a circula- Decree 77/88 'Provisions on the imple- tion permit in accordance with Directives mentation of the Convention on the 65/65/EEC or 81/851 EEC, as the case granting of European patents', which may be. was ratified by Law 1607/1987 (Gov- ernment Gazette 33/A’/25-2-1988). Article 2 Definitions Of Law 2077/1992 'Ratification of the Treaty on the European Union ...' (Gov- For the purposes of the implementation ernment Gazette A’ 136). of this decision, the following shall be meant by: Regulation (EEC) 1768/92 of the Coun- cil of June 1992 (EU No. L 182/1 of 2 a. “Regulation (EEC) 1768/92': Regula- July 1992). tion (EEC) 1768/92 of the Council of the European Union of 18 June 1992 'in Article 29 A’ of Law 1558/85 (A’/37) as connection with the introduction of a that was added by Article 27 of Law supplementary certificate of protection 2081/1992 (A’ 154) and replaced by Ar-

107 for pharmaceuticals' (EU No. L 182/1 of Greece in accordance with Article 23 of 2 July 1992). Law 1733/87. b. ‘Directive 65/65/EEC': Directive h. 'Certificate': the supplementary certifi- 65/65/EEC of the Council of 26 January cate of protection which is granted for 'concerning convergence of legislative, pharmaceuticals on the terms of Article regulatory, and administrative provisions 3 of Regulation (EEC) 1768/92. in connection with proprietary pharma- ceuticals' (EU No. 22 of 9 February i. 'Circulation permit': the granting of ap- 1965), as that was later amended and proval of a pharmaceutical in the market continues in force, including Ministerial in accordance with Directives Decisions Nos 3221/95 (Government 65/65/EEC (EU No. L 22 of 9 December Gazette 782 B’, 13 December 1995) and 1965), or 81/851/EEC (EU No. 2317 of 6 9392 (Government Gazette 233 B’, 7 November 1981), which have been in- April 1992) on its implementation in corporated into the national legislation Greece. by Joint Ministerial Decision 16/10399/13-12/31.12.1985 (B798) and c. Directive 81/851/EEC of 28 Septem- Joint Ministerial Decision 300518/2- ber 1981 'concerning convergence of 11/9.11.1984 (B800), respectively, and legislations of the member-states in continue in force in amended form. connection with veterinary pharmaceuti- cal products' (EU No. L 317 of 6 No- CHAPTER TWO vember 1981), as that was later amend- ed and continues in force, including Min- PERSONS ENTITLED - isterial Decision No. 378812/92 (Gov- PROCEDURE FOR LODGING ernment Gazette 491 B’, 30 July 1992) on its implementation in Greece. Article 3 Right of acquisition of a certificate d. “OBI”: the Industrial Property Or- ganisation, which has its registered of- A right to protection shall be possessed fice in Athens (Article 1 of Law by the holder of a patent and his general 1733/1987). or special successors in title in accord- ance with the terms of Article 3 of Regu- e. 'Law 1733/1987': Law 1733/1987 lation (EEC) 1768/92. 'Transfer of technology, inventions, and technological innovation, and setting up Article 4 of an Atomic Energy Commission' (Gov- Competent authority ernment Gazette 171 A’), as that contin- ues in force. The competent authority for the lodging of the application and the granting of the f. 'Pharmaceutical': any substance or certificate shall be the Industrial Proper- compound which is prepared as having ty Organisation (OBI). therapeutic or preventive properties within the meaning of Article 1, par. 1 of Article 5 Regulation (EEC) 1768/92. Lodging of an application 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

Article 6 The publication stipulated in Article 11 of Additional information Regulation (EEC) 1768/92 shall be in the Industrial Property Bulletin. Within four months from regular lodging and after written notice from the OBI, The publication of the certificate shall the applicant must submit to the OBI also mandatorily give the data of Article any missing information and supporting 11, par. 1 of Regulation (EEC) 1768/92. documents in accordance with Article 5, paragraphs 2 and 3 of the present deci- In the event of the application being re- sion. In this event, the application shall jected by the OBI in accordance with Ar- be deemed complete. ticle 6, par. 2 of the present Ministerial Decision, the act of rejection and the If after the elapse of the time-limit of particulars of Article 9, par. 2 of Regula- paragraph 1 above of this article, the tion (EEC) 1768/92 shall be published in OBI establishes that the data of the ap- the Industrial Property Bulletin. plication have not been completed, the application shall be rejected.

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.

Article 9 Failure to make punctual payment of the Content of right annual protection duties shall entail for- feiture of the rights which stem from the The certificate shall give its holder, be- certificate, in mutatis mutandis imple- ing a natural or legal person, the exclu- mentation of Article 16 of Law 1733/87. sive rights of Article 10 of Law 1733/87, which shall be implemented mutatis mu- tandis. CHAPTER FIVE

Article 10 FINAL PROVISIONS Charges Article 11 For the lodging of an application for the Commencement of force granting of a certificate, lodging duties shall be paid to the OBI. This decision shall come into force on its publication in the Government Gazette. For the granting of protection, the holder of the certificate shall be obliged to This decision is to be published in the make prepayment of annual duties to Government Gazette. the OBI, in mutatis mutandis implemen- tation of Article 24 of Law 1733/87.

110 LAW No 2919/2001 (GG 128, A’, 25.06.2001)

“Connecting research and technology with production and other provisions”

THE PRESIDENT g) Technology entity shall be the legal OF THE HELLENIC REPUBLIC person under public or private law whose main object is to develop techno- Hereby issues the following law as logical infrastructure and activities and adopted by the Parliament: to provide scientific, technological and technical services to a third party (in- PART A cluding analyses, measurements, tests, information, consulting, protection of in- Article 1 dustrial property, and other.) An entity Amendment to provisions of can be both a research and technology law 1514/1985 entity.

Provisions under items f and g of Article Provisions of L. 1514/1985, as in force 2 of L. 1514/1985 (GG 13 Α’) shall be each time, and all provisions regulating replaced as follows: research and technology issues shall apply to both research and technology "f) Research entity shall be the legal entities supervised by the General Sec- person under public or private law retariat for Research and Technology whose main object is the scientific and (GGET) and other entities as provided technological research, in conjunction for in special provisions. with experimental development and presentation as well as diffusion and Greek Atomic Energy Commission shall implementation of the research results be deemed as a technology entity at the through the economic exploitation of same time maintaining its legal status of such results, either by the above per- a State Agency." sons and/ or the people employed by such persons or a third party.

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"

shall extend to the areas of jurisdiction THE PRESIDENT OF THE HELLENIC of the following Courts of Appeal name- REPUBLIC ly, the regions of Thessaloniki, Western Macedonia, Thrace, Ioannina and Laris- Hereby issues the following law as sa. adopted by the Parliament: 2. As regards the subject matter jurisdic- CHAPTER THREE tion the domestic law provisions shall apply. COMMUNITY TRADE MARKS CHAMBERS Article 8

Article 6 1. Cases falling under the jurisdiction of the community trade marks chamber For the purposes of Article 91 of Council and introduced in another chamber of Regulation No. (EC) 40/94 of 20 De- the same Court shall be referred to the cember 1993 on the community trade community trade marks chamber. mark, specially designated chambers shall be established in the civil Courts of 2. Cases not falling under the jurisdic- First Instance and Courts of Appeal on tion of the community trade marks Athens and Thessaloniki under the form chamber and introduced therein may be of first and second instance tribunals for submitted for hearing by such chamber community trade marks, which shall ex- or referred to the competent chamber. ercise all powers assigned by the above Regulation to community trade marks 3. For the remainder, the provisions of courts. Article 46 of the Code of Civil Procedure shall apply. Article 7 Article 9 1. As regards the hearing of community trade mark cases under Council Regula- 1. The community trade marks cham- tion No. (EC) 40/94 relevant jurisdiction bers shall try cases relating to patents, of: a) the specially designated communi- utility model certificates, technology ty trade marks chamber of the Athens transfer, topographies of semiconductor Courts of First Instance and of Appeal products and supplementary protection shall extend to the areas of jurisdiction certificates, industrial designs and, in of the following Courts of Appeal name- general, cases relating to patents falling ly, the regions of Athens, Aegean Sea, within the jurisdiction of the civil courts. Dodecanese, Corfu, Crete, Lamia, Nafplio, Patras and Piraeus, and b) the 2. Provisions in Articles 7 and 8 shall spe apply correspondingly. cially designated community trade marks chamber of the Thessaloniki Courts of First Instance and of Appeal

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

"Adaptation to Directive 98/44/EC of the European Parliament and of the Council on the legal protection of biotechnological inventions"

THE PRESIDENT CHAPTER ONE OF THE HELLENIC REPUBLIC GENERAL PROVISIONS Having regard to the following: Article 1 1. article 4 of L. 1338/1983 Application Scope of community law" (GG 34, Α), as re- placed with Article 6, par. 4 of L. This presidential decree aims to adapt 1440/1984 "Participation of Greece in the Greek law to Directive 98/44/EC of equity, reserves and provisions of the the European Parliament and of the EU European Coal and Steel Community Council dated July 6 1998 on the “Legal and of the EURATOM Supply Agency protection of biotechnological inven- (GG 70, A') and Article 22 of L. tions", published in the Greek language 2789/2000 (GG 21, Α); in the Official Journal of the European Union on July 30 1998 (EEL 213). 2. provisions of Article 2 in L. 2077/1992 "Ratification of the Treaty on European CHAPTER TWO Union and related protocols and decla- rations incorporated in the final act" (GG PATENTABILITY 136, Α); Article 2 3. provisions of Article 29Α in L. 1558/85 (GG 137, Α), as supplemented by Article 1. For the purpose of implementing this 27 in L. 2081/92 (GG 154, Α) and re- presidential decree the following inter- placed with Article 1, par. 2a in L. pretations shall apply: 2469/97 (GG 38, Α) and to the fact that provisions in this presidential decree en- tail no expenditure under the national a. "biological material": any material budget; containing genetic information and capable of reproducing itself or being

reproduced in a biological system; 4. provisions of PD 27/1.2.96 (GG 19, Α) on “Merging of the ministry for tourism, the ministry for industry, energy and b. "microbiological process": any pro- technology, and the ministry for com- cess involving or performed upon or merce into the ministry for develop- resulting in microbiological material; ment”; 2. A process for the production of plants 5. opinion No. 402/2001 by the Council or animals is essentially biological if it of State, following a proposal submitted consists entirely of natural phenomena by the minister for national economy, such as crossing or selection. the minister for justice and the minister for development, the following is hereby 3. The concept of ‘plant variety’ is de- decided: fined by Article 5 of Regulation (EC) No. 2100/94 (OJ L 227/9LI).

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.

1. The human body, at the various stag- CHAPTER THREE es of its formation and development, and the simple discovery of one of its EXTENT OF PROTECTION elements, including the sequence or partial sequence of a gene, cannot con- Article 6 stitute patentable inventions.

1. The protection conferred by a patent 2. An element isolated from the human on a biological material possessing spe- body or otherwise produced by means cific characteristics as a result of the in- of a technical process, including the se- vention shall extend to any biological quence of partial sequence of a gene, material derived from that biological ma- may constitute a patentable invention, terial through propagation or multiplica- even if the structure of that element is tion in an identical or divergent form and identical to that of a natural element. possessing those same characteristics.

3. The industrial application of a se- 2. The protection conferred by a patent quence or a partial sequence of a gene on a process that enables a biological must be disclosed in the patent applica- material to be produced possessing tion. specific characteristics as a result of the invention shall extend to biological ma- Article 5 terial directly obtained through that pro- cess and to any other biological material 1. Inventions shall be considered un- derived from the directly obtained bio- patentable where their commercial ex- logical material in an identical or diver-

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

The protection referred to in Articles 6 Article 10 and 7 shall not extend to biological ma- terial obtained from the propagation or 1. Where a breeder cannot acquire or multiplication of biological material exploit a plant variety right without in- placed on the market in the territory of a fringing a prior patent, he may apply for Member State by the holder of the pa- a compulsory licence for non-exclusive tent or with his consent, where the use of the invention protected by the pa- propagation or multiplication necessarily tent inasmuch as the licence is neces- results from the application for which the sary for the exploitation of the plant va- biological material was marketed, pro- riety to be protected, subject to payment vided that the material obtained is not of an appropriate royalty. subsequently used for other propagation or multiplication Where such a licence is granted, the holder of the patent will be entitled to a Article 9 cross-licence on reasonable terms to use the protected variety. 1. By way of derogation from Articles 6 and 7, the sale or other form of com- 2. Where the holder of a patent concern- mercialisation of plant propagating ma- ing a biotechnological invention cannot terial to a farmer by the holder of the pa- exploit it without infringing a prior plant tent or with his consent for agricultural variety right, he may apply for a compul- use implies authorisation for the farmer sory licence for non-exclusive use of the to use the product of his harvest for plant variety protected by that right, sub- propagation or multiplication by him on ject to payment of an appropriate royal- his own farm, the extent and conditions ty. Where such a licence is granted, the of this derogation corresponding to holder of the variety right will be entitled those under Article 14 of Regulation to a cross-licence on reasonable terms (EC) No. 2100/94. to use the protected invention.

2. By way of derogation from Articles 6 3. Applicants for the licences referred to and 7, the sale or any other form of in paragraphs 1 and 2 must demon- commercialisation of breeding stock or strate that: other animal reproductive material to a farmer by the holder of the patent or

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;

DEPOSIT, ACCESS AND b. between the first publication of the NEW DEPOSIT OF patent application by OBI and the grant- BIOLOGICAL MATERIAL ing of the patent, to anyone requesting it or, if the applicant so requests, only to an independent expert; Article 11

c. after the patent has been granted, 1. Where an invention concerns biologi- and notwithstanding revocation or can- cal material which is not available to the cellation of the patent, to anyone re- public and which cannot be described in questing it. a patent application filed with the Indus- trial Property Organisation (OBI) in such a manner as to enable the invention to 3. The sample shall be supplied only if be reproduced by a person skilled in the the person requesting it undertakes, for art or entail the use of such material, the the term during which the patent is in description shall be considered inade- force: quate for the purposes of patent law un- less: a. not to make it or any material derived from it available to third parties; and a. the biological material has been de- posited no later than the date on which b. not to use it or any material derived the patent application was filed with a from it except for experimental purpos- recognised depository institution. At es, unless the applicant for or proprietor least the international depository author- of the patent, as applicable, expressly ities which acquired this status by virtue waives such an undertaking. of Article 7 of the Budapest Treaty of 28

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

5. The applicant's requests referred to in The Industrial Property Organisation point (b) of paragraph 2 and in para- (OBI), having its seat at Athens, shall be graph 4 may only be made up to the responsible for the implementation of date on which the technical preparations this presidential decree (Article 1 of L. for publishing the patent application are 1722/1987). deemed to have been completed. Article 14 Article 12 Entry into force

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

“Adaptation of Presidential 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”

THE PRESIDENT 5. Article 29Α of Law 1558/85 on the OF THE HELLENIC REPUBLIC government and government agencies (Government Gazette Issue Α 137), Having regard to: which was added by virtue of Article 27 of Law 2081/92 on regulating the institution 1. The provisions of Article 4 of Law of Chambers, and the amendment of the 1338/83 on the implementation of provisions of Law 1712/1987 to modern- Community Law (Government Gazette ize professional associations, merchants, Issue Α 34), as has been replaced by small industrialists, and other professions, Article 6 (4) of Law 1440/1984 (Gov- and other provisions (Government Ga- ernment Gazette Issue Α 70) and zette Issue Α 154) and replaced by Article amended by Article 22 of law 1 (2) (a) of Law 2469/1997 on limiting and 2789/2000 (Government Gazette Issue improving the efficiency of government Α 21), as well as the provisions of Arti- expenses and other provisions (Govern- cle 65 of Law 1892/1990 (Government ment Gazette Issue Α 38); Gazette Issue Α 101); 6. The fact that provisions of this Presi- 2. The provisions of Article 2 of Law dential Decree do not generate expenses 2077/1992 on the ratification of the charged to the State Budget; Treaty for the European Union and the relevant protocols and declarations in- 7. Opinion No. 157 of 22 March 2002 of cluded in the Final Act (Government the Council of the State by motion of the Gazette Issue Α136); Minister of Economy and Finance, the Minister of Justice and the Minister of De- velopment; 3. Article 4 of Law 2417/1996 on the ratification of the Hague Agreement We hereby decide: concerning the international registra- tion of industrial designs of 6 Novem- Article 1 ber 1925, as has been reviewed in the Object Hague on 28 November 1960 and the Complementary Act of Stockholm of 14 It is the object of this Presidential Decree July 1967, as was amended on 28 to adapt Presidential Decree 259/1997 on September 1979 (Government Gazette the ratification of the Hague Agreement Issue Α 139); concerning the international registration of industrial designs, that was ratified by Law 2417/1996 and provisions on the na- 4. Presidential Decree 81/2002 on the tional protection title (Government Ga- merger of the Ministry of National zette Issue Α 185) to the provisions of Di- Economy and the Ministry of Finance rective 98/71/EC of the European Parlia- into the Ministry of Economy and Fi- ment and of the Council of 13 October nance (Government Gazette Issue Α 1998 on the legal protection of designs 57); (OJ L 289/28.10.98).

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

Amendment to the joint ministerial decision No 12149/EFA/2248 (GG Β’ 1240/11.10.2000) "Awards and financial support to inventors"

dations to inventors residing in Greece THE MINISTERS permanently, under the provisions of FOR ECONOMY AND FINANCE - the present joint ministerial decision. DEVELOPMENT 2. OBI’s Director General shall make Having regard to the following: recommendations to the Committee. Under such capacity, OBI’s Director 1. Provisions in Article 20, par. 4 of Law General can request OBI's assistance in 1733/1987 on “Transfer of technology, the drawing up of such recommenda- inventions, technological innovation and tions. setting up of Greek Atomic Energy Commission” (GG 171, Α). 3. Any decisions by the committee en- tailing expenditure for OBI shall solely

be enforced if the corresponding credit 2. Provisions of Law 1558/1985 on is provided for in OBI’s budget. “Government and government bodies” (GG 13, Α). 4. The Committee’s proposals shall be submitted for approval to the minister for 3. Provisions of PD 27/1996 on “Merg- development and must be justified in ing of the ministry for tourism, the minis- line with the criteria set out in this deci- try for industry, energy and technology, sion. and the ministry for commerce into the ministry for development” (GG 19, Article 2 A/1.2.1996); Composition - Operation of the committee 4. The need to amend the Joint Ministe- rial Decision 12149/EFA/ 2248 (GG Β, 1. The Inventions Evaluation Committee 1240) currently in force with regard to shall be appointed by decision of the the awards and the financial support of minister for development for a four-year inventors aiming to simplify procedures term. for further promoting the country’s tech- nological and industrial development. The mandate of all of the Committee’s

members may be renewed. 5. The fact that provisions in this deci- sion entail no expenditure under the na- 2. The Inventions Evaluation Committee tional budget, we hereby decide: shall consist of seven members, namely:

Article 1 a. the President of the Committee, who Inventions Evaluation Committee shall be a leading figure in the scientific and/ or business sector(s) of recognised 1. An Inventions Evaluation Committee repute in the field of technological de- shall be set up within the Industrial velopment. Property Organisation (OBI) to give its opinion regarding awards and commen-

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.

1. OBI shall provide secretarial services Article 4 to the Committee. Eligibility

2. Inventions Evaluation Committee Eligible to participate in the present pro- shall be deemed to establish a quorum cedure shall be persons referred to as where the President or the Vice- inventors in the following cases: President and three Committee mem- bers with a voting right are present. The a. in a patent application filed with the Committee’s decisions shall be taken by OBI; majority of the members present. In case of a tie the President or, in case of b. in a European patent application in- absence the Vice-President, shall have corporating Greece in the identified the casting vote. countries;

3. Alternate members of the Committee c. In an international application incorpo- shall participate in the Committee’s pro- rating Greece in the identified countries; cedures without a voting right, where the members for which they substitute are d. in a patent granted by the OBI; present. e. in a European patent entered in the

national stage of the procedure in 4. The President, Vice-President, mem- Greece and provided that all of the be- bers and alternate members of the low conditions are fulfilled: Committee shall be entitled to a fee for participating in the Committee’s proce- dures, which shall be equivalent to the i) at the time of filing an application for a fee each time applicable to OBI Board Greek or European patent or at the time Members. of filing an international application ap- plicants were permanently residing in

Greece; 5. The Committee shall convene upon ii) a term of five years has not elapsed invitation by its President. from the date priority was invoked in the relevant application or from the date 6. Natural persons reporting to or partic- such application was filed, if no priority ipating in the management or share- was invoked therein; and holders in legal persons, as referred to iii) the relevant application has been in the patent applications or the patents published or the patent has been grant- and being part of the evaluation proce- ed. dure.

123 Article 5 filed with the World Intellectual Property Filing the application Organization (WIPO).

1. The application to participate in the 3. Among the inventions referred to in inventions evaluation procedure shall be the applications under Article 5, par. 2 of filed with the OBI. The committee’s sec- the present Joint Ministerial Decision the retary shall give a receipt for the filing of Committee shall select those which it the application to participate in the eval- shall deem as a) containing a special uation procedure. inventive step, and b) presenting signifi- cant prospects to contribute to the coun- 2. The Committee shall specify the try's technological and industrial devel- deadlines, timeframe and the manner in opment, and shall subsequently draw up which applications shall be filed as well a ranking list. as the contents of the application, inter alia: 4. Evaluation of inventions carried out by the Committee shall not be related to a. inventor’s application to participate in the developments of any administrative the procedure, in which his full details procedures before national or other In- shall be stated; dustrial Property authorities. b. reference to the elements defining the Article 7 invention; Awards – Commendations

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.

This decision shall be published in the Government Gazette.

125 COMMISSION REGULATION (EC) No 1891/2004, of 21 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”

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 3. For the different types of intellectual property rights, it is necessary to define Having regard to the Treaty establishing the natural and legal persons who may the European Community, represent the holder of a right or any other person authorised to use the right. Having regard to Council Regulation (EC) 1383/2003 of 22 July 2003 con- 4. It is necessary to specify the nature of cerning customs action against goods the proof of ownership of intellectual suspected of infringing certain intellec- property required under the second tual property rights and the measures to subparagraph of Article 5(5) of Regula- be taken against goods found to have tion (EC) 1383/2003. infringed such rights [1], and in particular Article 20 thereof, 5. In order to harmonise and standard- ise the content and format of applica- Whereas: tions for action under Article 5(1) and (4) of Regulation (EC) 1383/2003 and the 1. Regulation (EC) 1383/2003 intro- information to be entered on the applica- duced common rules with a view to pro- tion form, a standardised version of the hibiting the entry, release for free circu- form should be established. The lan- lation, exit, export, re-export or entry for guage requirements for applications for a suspensive procedure of counterfeit action under Article 5(4) of the Regula- and pirated goods, and to dealing effec- tion should also be laid down. tively with the illegal marketing of such goods without impeding the freedom of 6. The type of information to be included legitimate trade. in applications for action should be specified in order to enable the customs 2. Since Regulation (EC) 1383/2003 re- authorities to recognise more readily placed Council Regulation (EC) 3295/94 goods that may infringe an intellectual of 22 December 1994 laying down property right. measures concerning the entry into the Community and the export and re-export 7. It is necessary to define the type of from the Community of goods infringing right-holder liability declaration which certain intellectual property rights [2], it is must accompany the application for ac- also necessary to replace Commission tion. Regulation (EC) 1367/95 [3], which laid down provisions for the implementation 8. In the interests of legal certainty, it is of Regulation (EC) 3295/94. necessary to specify when the time pe- riods laid down in Article 13 of Regula- 1 OJ L 196, 2.8.2003, p. 7 2 tion (EC) 1383/2003 commence. OJ L 341, 30.12.1994, p. 8. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1) 9. Procedures should be laid down for 3 OJ L 133, 17.6.1995, p. 2. Regulation as last the exchange of information between amended by the 2003 Act of Accession.

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.

2. If an extension of ten working days Article 5 has already been granted under Article 11 of the basic Regulation, no further If an application for action is lodged in extension may be granted under Article accordance with Article 4(1) of the basic 13 thereof. Regulation before expiry of the time limit of three working days and accepted by Article 8 the customs service designated for that purpose, the time limits referred to in Ar- 1. Each Member State shall inform the ticles 11 and 13 of that Regulation shall Commission as soon as possible of the be counted only from the day after the competent customs department, re- application is received. ferred to in Article 5(2) of the basic Reg- ulation, responsible for receiving and If the customs service informs the de- processing applications for action from clarant or holder of goods that the goods right-holders. are suspected of infringing an intellectu- al property right and that, pursuant to 2. At the end of each calendar year, Article 4(1) of the basic Regulation, they each Member State shall send the have been detained, or their release Commission a list of all the written appli- suspended, the time limit of three work- cations for action under Article 5(1) and ing days shall be counted only from the (4) of the basic Regulation, giving the time the right-holder is notified. name and details of each right-holder, the type of right for which each applica- Article 6 tion was submitted, and a summary de- scription of each product concerned. In the case of perishable goods, the The applications that have not been procedure for suspension of release or granted shall be included in that list. for detention of the goods shall be initi- ated primarily in respect of products for 3. In the month following the end of which an application for action has al- each quarter, each Member State shall ready been lodged. send the Commission a list, by product type, giving detailed information on the Article 7 cases in which the release of goods has been suspended or goods have been 1. Where Article 11(2) of the basic detained. The information shall include Regulation applies, the right-holder shall the following details: notify the customs authority that pro- ceedings have been initiated to deter-

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)

“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”

THE PRESIDENT Article 2 OF THE HELLENIC REPUBLIC The Industrial Property Organisation Hereby issues the following law as (OBI) shall be responsible for the im- adopted by the Parliament: plementation of this law. OBI has adopt- ed the full text of the European Conven- Article 1 tion, as drawn up by the European Pa- tent Organisation. The Act revising the Convention on the Grant of European Patents of 5 October Article 3 1973, as amended on 17 December 1991), signed in Munich on 29 Novem- This law shall enter info force upon its ber 2000 and whose original text in the publication in the Government Gazette English and French languages and its and ratification of the Act, as results translated Greek version are as follows from fulfilment of conditions under Arti- is hereby ratified: cle 8 therein.

131 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 Directive 2001/1983/EC on “the Community Code relating to medicinal products for human use”, as amended by Directives 2004/27/EC, 2004/24/EC on traditional herbal medicinal products 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”

THE MINISTERS e. Article 90 of presidential decree FOR ECONOMY AND FINANCE – 63/2005 “Codification of legislation re- FOR HEALTH AND SOCIAL garding government and government SOLIDARITY bodies” (GG Α 98).

Having regard to the following: 2. EOF BoD proposal No. 0- th 613/15 /25.7.2005; 1. Provisions: a. Article 1, par. 1, 2 and 3 and Article 3 3. Joint decision of the Prime Minister of law 1338/1983 “Application of com- and of the minister for health and social munity law” (GG Α 34), as amended by solidarity No. 27304/ 17.3.2004 on “As- Article 6 of law 1440/1984 “Participation signment of responsibilities to the under- of Greece in equity, reserves and provi- Secretaries for health and social solidar- sions of the European Coal and Steel ity.” Community and of the EURATOM Sup- ply Agency (GG 70, A') and Article 65 of 4. Directive 2001/1983/EC on “the law 1982/1990 (GG Α 101); Community Code relating to medicinal products for human use”, as amended b. Articles 14, par. 4 and 2, par. 1 and 2 by Directives 2004/27/EC, 2004/ 24/EC. of law 1338/1983 (GG Α 34), as the lat- ter was amended by provisions in Article 5. The fact that provisions in this deci- 1 of law 1965/1991 (GG Α 146) sion entail no expenditure under the na- “Amendment and supplement to the ap- tional budget, we hereby decide: plicable provisions of the National Or- ganization for Medicines (EOF)” and Article 11 other provisions; Paragraph 6 c. Article 10, par. 1 of law 1965/1991 Performance of studies and tests re- (GG Α 146); quired to implement paragraphs 1, 2, 3 and 4 and related practical requirements d. Articles 47 and 48 of law 3370/2005 are not deemed contrary to the patent 1965/1991 (GG Α 176); rights or supplementary protection certif- icates for medicinal products.

132 COMMISSION REGULATION (EC) No 1172/2007 of 5 October 2007

“Amending Commission Regulation (EC) No 1891/2004 of 21 October 2004 laying down provisions for the implementation of Council Regulation (EC) 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”

THE COMMISSION of the Regulation provides that the OF THE EUROPEAN COMMUNITIES, Commission must publish the list of de- partments within the customs authority, Having regard to the Treaty establishing as referred to in Article 5(2) of Regula- the European Community, tion (EC) No 1383/2003, in the C series of the Official Journal of the European Having regard to Council Regulation Union. As the lists in Annexes I-C and II- (EC) No 1383/2003 of 22 July 2003 C contain information that is subject to concerning customs action against change and needs to be regularly up- goods suspected of infringing certain dated, it is more appropriate to publish intellectual property rights and the them in the C series of the Official Jour- measures to be taken against goods nal of the European Union. Annexes I-C found to have infringed such rights [1], and II-C to Regulation (EC) No and in particular Article 20 thereof, 1891/2004 should therefore be deleted.

Whereas: 4. On 1 January 2007 Bulgaria and Ro- mania acceded to the European Union. 1. Regulation (EC) No 1383/2003 pro- Regulation (EC) No 1891/2004 should vides for action by the customs authori- therefore be adapted to include refer- ties in respect of goods suspected of in- ence to these countries in the Communi- fringing certain intellectual property ty application for action form which it rights. contains.

2. Commission Regulation (EC) No 5. The Community application for action 1891/2004 [2] lays down provisions for form should have been adapted by the implementation of Regulation (EC) Commission Regulation (EC) No No 1383/2003, in particular as regards 1792/2006 of 23 October 2006 adapting the application for action forms. Annex- certain regulations and decisions in the es I and II to that Regulation contain the fields of free movement of goods, free- models showing the required format of dom of movement of persons, competi- such application forms. tion policy, agriculture (veterinary and phytosanitary legislation), fisheries, 3. Annexes I-C and II-C to Regulation transport policy, taxation, statistics, so- (EC) No 1891/2004 contain the list of cial policy and employment, environ- competent authorities to which applica- ment, customs union and external rela- tions for national and Community action tions by reason of the accession of Bul- respectively must be submitted. Article 8 garia and [3], which entered in- to force on the date of the entry into 1 OJ L 196, 2.8.2003, p. 7.

2 OJ L 328, 30.10.2004, p. 16. 3 OJ L 362, 20.12.2006, p. 1.

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.

5. Annex II-C is deleted.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

However, Article 1(3) shall apply from 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

134 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 protection certificate for paediatric pharmaceuticals”

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).

1. The provisions of Article 1 and 2, 6. Presidential Decree no. 248/89 “Organ- para. 1 (g) and (i) of Law 1338/1983 ization of General Secretariat for Re- 'Implementation of Community law' search and Technology” (Government (Government Gazette 34 A’) as this Gazette Α 116/10.5.1989), as amended was amended by Article 6, para. 1 of by Presidential Decree no. 179/92 (Gov- Law 1440/1984 'Participation of ernment Gazette Α 81/26.5.1992), Presi- Greece in the capital, reserves, and dential Decree no. 147/94 (Government provisions of the European Investment Gazette Α 99/4.7.1994) and Presidential Bank, and in the capital of the Europe- Decree no. 128/97 (Government Gazette an Coal and Steel Community and the Α 115/9.6.1997). EURATOM Supply Organisation' (Government Gazette 70 A’), in combi- 7. Presidential Decree no 27/1996 “Mer- nation with the provisions of Article 1 of ger of the Ministries of Tourism, Industry, Law 1965/1991 (Government Gazette Energy and Technology and Commerce A 146). into the Ministry of Development" (Gov- ernment Gazette Α 19/1.2.1996) and 2. Law 945/1979 on “Ratification of the Presidential Decree no. 122/2004 “Re- Treaty of accession of Greece to the establishment of the Ministry of Tourism” European Economic Community” (Government Gazette Α 85/17.3.2004). (Government Gazette A 170/ 27.7.1979). 8. The provisions of article 90 of the Code ratified by the first article of Presidential 3. The provisions of Article 1 par 2 of Decree no. 63/2005 “Codification of Law Law 1733/1987 'Transfer of technolo- on Government and Government Bodies” gy, inventions, and technological inno- (GG A 98/22.4.2005). vation, and setting up of an Atomic En- ergy Commission' (Government Ga- 9. Presidential decree no. 206/2007 “Ap- zette A 171/22.9.1987). pointment of Ministers and Deputy Minis- ters” (Government Gazette Α 4. The provisions of the second Article 232/19.9.2007). of Law 2077/1992 'Ratification of the Treaty on the European Union and the 10. Regulation (EEC) 1768/92 of the respective protocols and declarations Council of 18 June 1992 (EU No. L 182/1 included in the final act” (Government of 2 July 1992). Gazette A 136).

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).

Article 1 d. “Directive 2001/83/EC”: Directive Purpose 2001/83/EC of the European Parliament and of the Council of 6 November 2001 The purpose of this decision is to de- on the Community code relating to medic- termine the procedure for the granting inal products for human use (EU no. of a six-month extension of the dura- L311, 28.11.2001) as amended lately with tion of the supplementary protection Directive 2004/27/EC (EU L 136, certificate referred to in Article 13 par- 30.4.2004).

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.

Article 6 4. As to the submission and drafting of Application content documents before the OBI, Articles 2, 3, 4 and 9 of Ministerial Decision 1. The application referred to in Article 15928/ΕFΑ/1253 (Government Gazette 5 above of the present decision is 778 B) and 19 of Presidential Decree submitted in two copies and contains: 77/88 (Government Gazette 33 A) shall be implemented. a. the particulars cited in Article 8 of Regulation (EEC) 1768/92. Article 7 Additional information b. a copy of the statement indicating compliance with an agreed completed 1. Within four months from regular sub- paediatric investigation plan as re- mission and after written notice from the ferred to in Article 36(1) of Regulation OBI, the applicant must submit to the OBI (EC) 1901/2006. any missing information and supporting documents in accordance with Article 6, c. proof that the pharmaceutical in paragraphs 1 and 2 of the present Joint question has authorisations to place Ministerial Decision. In this event, the ap- the product on the market of all other plication shall be deemed complete. Member States, as referred to in Article 36(3) of Regulation (EC) 1901/2006. 2. If after the lapse of the time-limit of (Article 52 para 3(a) Regulation (EC) paragraph 1 above of this article, the OBI 1901/2006) establishes that the data of the applica- tion have not been completed, the appli- d. if a certificate is pending before the cation shall be rejected. OBI, reference on the application that (Article 52 para 5 Regulation (EC) has already been submitted. 1901/2006)

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.

Article 8 In the event of the application is rejected Granting of a certificate by the OBI in accordance with Article 7, para. 2 of the present Ministerial Deci- 1. If the application is complete and sion, the act of rejection and the particu- regular in accordance with Articles 6 lars of Article 9, para. 2 of Regulation and 7 of this decision and if the prod- (EEC) 1768/92 shall be published in the uct, which it concerns, fulfils the terms Industrial Property Bulletin with an indica- of Regulation (EEC) 1768/92, the OBI tion that the application concerns the ex- shall grant the extension of duration of tension of the duration of the certificate. the certificate. (Article 52 para 6 Regulation (EC) (Article 52 para 5 Regulation (EC) 1901/2006) 1901/2006)

2. In the event where the application PART FOUR for extension has been submitted to- gether with the application for a sup- RIGHTS FROM THE EXTENSION OF plementary protection certificate for THE CERTIFICATE – pharmaceuticals or where an applica- DURATION - DUTIES tion for a certificate is pending before the OBI, the certificate granted by the Article 10 OBI shall contain an indication of the Right of content application for an extended duration of the certificate. The certificate for the The extension of the certificate shall give extension of the duration of the certifi- its holder, being a natural or legal person, cate is granted separately. the exclusive rights of Article 10 of Law (Article 52 para 4 (c) Regulation (EC) 1733/87, which shall be implemented mu- 1901/2006) tatis mutandis.

3. After the granting of the certificate, Article 11 third parties may seek information and Extension period copies of the application and of the ad- ditional information, which have been On implementation of Article 36 of Regu- submitted. lation (EC) 1901/2006, the duration of the certificate shall be extended by six 4. The OBI shall, without fail, notify the months after the expiry of the scheduled National Pharmaceuticals Organisation time-frame of the certificate in accord- of the granting of the certificate. ance with Article 13 of the Regulation (EC) 1768/1992. Article 9 (Article 52 para 7 Regulation (EC) Publication 1901/2006)

The extension of the duration of the certificate shall be published in the In- dustrial Property Bulletin.

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)”

THE MINISTER OF DEVELOPMENT and Deputy Ministers (Government Ga- zette A 2/8.1.2009). With regard to: 1. Presidential Decree no 27/1996 6. The cooperation agreement between (Government Gazette Α 19/1.2.1996) the European Patent Organization and “Merger of the Ministries of Tourism, In- the Greek Industrial Property Organiza- dustry, Energy and Technology and tion signed in Munich, on 22 October Commerce into the Ministry of Devel- 2008, along with the implementing pro- opment" and Presidential Decree no. visions supplementing it. 122/2004 “Re-establishment of the Min- istry of Tourism” (Government Gazette Α 7. The fact that from the provisions 85/17.3.2004). hereof no burden is generated on the state budget. 2. Presidential Decree no. 248/89 “Or- ganization of General Secretariat for Research and Technology” (Govern- 8. The minutes of the meeting no. ment Gazette Α 116/10.5.1989), as 13/31.10.2008 of OBI’s Administrative amended by Presidential Decree no. Council regarding the “Final cooperation 179/92 (Government Gazette Α agreement between OBI and EPO". 81/26.5.1992), Presidential Decree no. 147/94 (Government Gazette Α WE HEREBY DECIDE: 99/4.7.1994) and Presidential Decree no. 128/97 (Government Gazette Α 115/9.6.1997). CHAPTER ONE GENERAL PROVISIONS 3. The provisions of article 90 of the Code ratified by the first article of Presi- dential Decree no. 63/2005 “Codification Article 1 of Law on Government and Government Purpose Bodies” (Government Gazette A 98/ 22.4.2005). The purpose of this decision is to define the process for search report or final search report drawing by the OBI, as 4. The provisions of article 8 par. 3, 9 well as to draw remarks or brief explana- and 10 of Law no. 1733/1987 "Transfer tory comments accompanying them. of technology, inventions, technological innovations and establishment of the Greek Atomic Energy Commission" Article 2 (Government Gazette Α 171/22.9.1987). Application scope

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).

Article 3 h. “Cooperation Agreement” shall be the Definitions Cooperation Agreement between the European Patent Organization and the For the implementation of this decision, Greek Industrial Property Organization the following phrases shall have the fol- signed in Munich, on 22 October 2008. lowing meanings: i. “Implementing provisions” shall be the implementing provisions for the exami- a. Law 1733/1987 shall be the Law nation instructions of EPO, as well as 1733/1987 "Transfer of technology, in- the international research and prelimi- ventions, technological innovation and nary examination instructions for the establishment of Greek Atomic Energy drawing of search reports and written Commission" (Government Gazette 171, opinions on the Greek applications for A), as applicable. patents' granting by the European Pa- tent Office signed in Munich on 22 Oc- b. “OBI” shall be the Industrial Property tober 2008, which supplement the "Co- Organization having its registered office operation Agreement". in Athens (article 1 of Law 1733/1987). c. “Ministerial Decision 15928/ EFΑ/ CHAPTER TWO 1253”, shall be the Ministerial Decision SEARCH REPORT DRAWING no. 15928/EFA/ 1253 “Filing of applica- PROCESS tion for the grant of patents or utility model certificates with OBI and keeping of record books” (Government Gazette Article 4 778 Β dated 31.12.1987). Competent Authority

d. “Patent” shall be the certificate grant- ed by OBI in accordance with article 8 of 1. In application of article 8 of Law Law 173/87 (Government Gazette 171, no.1733/1987, the authority that is com- A). petent to draw any type of search re- ports or final search reports shall be

OBI. e. “Revision Act” shall be the Revision Act of the Convention on European Pa- tents (European Patent Convention of 5 2. During elaboration of these types of October 1973, amended on 17 Decem- search reports, OBI may request the ber 1991) of 29 November 2000 which EPO, on its account, to conduct search- was ratified by Greece with the Law no. es that are necessary for drawing the 3396/2005 (Government Gazette 246, search reports in application of the Co- Α). operation Agreement. f. “EPO” shall be the European Patent

Office as defined in the Convention and the Revision Act.

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).

2. In application of article 8 para. 6 of 1. For patent granting applications filed Law no. 1733/1987, OBI, based on the with OBI and accepted for filing until applicant’s remarks, shall draw, follow- 31.08.2009, OBI shall draw simple ing the search report with a written opin- search reports (SSR). ion of the aforementioned paragraph, a final search report with a written opinion. 2. Search reports with a written opinion (SRWO) shall be drawn in case of pa- tent granting applications filed with OBI and accepted for filing as of 1 Septem- ber 2009 and afterwards, if stated by the applicant, in accordance with article 8 of this Ministerial Decision.

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

“Concerning the supplementary protection certificate for medicinal products” (Codified version) (Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND 3. Medicinal products, especially those THE COUNCIL OF THE EUROPEAN that are the result of long, costly research UNION, will not continue to be developed in the Community and in Europe unless they are covered by favourable rules that pro- Having regard to the Treaty establish- vide for sufficient protection to encourage ing the European Community, and in such research. particular Article 95 thereof,

Having regard to the proposal from the Commission, 4. At the moment, the period that elapses between the filing of an application for a Having regard to the opinion of the Eu- patent for a new medicinal product and ropean Economic and Social Commit- authorisation to place the medicinal tee [1], product on the market makes the period Acting in accordance with the proce- of effective protection under the patent dure laid down in Article 251 of the 2 insufficient to cover the investment put Treaty [ ], into the research.

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. mentary protection certificate granted, 3 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 2 use [ ] 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 disease in human beings or animals OJ L 378, 27.12.2006, p. 1. 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. 1 products [ ] 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

a. the product is protected by a basic patent in force; The certificate shall be granted to the holder of the basic patent or his succes-

sor in title. b. a valid authorization to place the product on the market as a medicinal product has been granted in accord- Article 7 ance with Directive 2001/83/ EC or Di- Application for a certificate rective 2001/82/EC, as appropriate; 1. The application for a certificate shall be c. the product has not already been lodged within six months of the date on the subject of a certificate; which the authorization referred to in Arti- cle 3(b) to place the product on the mar-

ket as a medicinal product was granted. d. the authorization referred to in point

(b) is the first authorization to place the 2. Notwithstanding paragraph 1, where product on the market as a medicinal the authorization to place the product on product. the market is granted before the basic patent is granted, the application for a Article 4 certificate shall be lodged within six Subject matter of protection months of the date on which the patent is granted.

Within the limits of the protection con- 3. The application for an extension of the ferred by the basic patent, the protec- duration may be made when lodging the tion conferred by a certificate shall ex- application for a certificate or when the tend only to the product covered by the application for the certificate is pending authorization to place the correspond- and the appropriate requirements of Arti- ing medicinal product on the market cle 8(1)(d) or Article 8(2), respectively, and for any use of the product as a are fulfilled. medicinal product that has been au-

4. The application for an extension of the duration of a certificate already granted 1 OJ L 311, 28.11.2001, p. 1.

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.

f. where applicable, an indication that 6. Paragraphs 1 to 4 shall apply mutatis the application includes an application mutandis to the application for an exten- for an extension of the duration. sion of the duration.

3. Paragraph 2 shall apply to the notifi-

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.

The certificate shall lapse: Article 16 a. at the end of the period provided for Revocation of an extension in Article 13; of the duration 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; b. any medicinal product protected by e. any medicinal product protected by a a valid basic patent in the Czech Re- valid basic patent and for which the first public and for which the first authoriza- authorization to place it on the market as tion to place it on the market as a me- a medicinal product was obtained in Lat- dicinal product was obtained: via prior to 1 May 2004 may be granted a (i) in the after 10 No- certificate. In cases where the period vember 1999 may be granted a certifi- provided for in Article 7(1) has expired, cate, provided that the application for a the possibility of applying for a certificate certificate was lodged within six shall be open for a period of six months months of the date on which the first starting no later than 1 May 2004; market authorisation was obtained; (ii) in the Community not earlier than f. any medicinal product protected by a six months prior to 1 May 2004 may be valid basic patent applied for after 1 Feb- granted a certificate, provided that the

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 , 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 , 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 , 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, and 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

“Restoring tax justice, addressing tax evasion and other provisions”

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)

“Determination of terms, prerequisites and procedures regarding the implementation of the provisions of article 71 ‘Patent tax incentives’ of Law No 3842/2010 (GG A/58/23.4.2010)”

THE MINISTERS OF ECONOMY - A/99/4.7.1994) and PD 128/97 (GG EDUCATION, LIFELONG A/115/9.6.1997). LEARNING & RELIGIOUS AFFAIRS 6. PD 185/09 “Re-establishment of the With regard to: Ministry of Economy, merger of the Min- istry of Economy and Finance with the 1. The provisions: Ministry of Development and the Minis- a) Of article 52 “Establishment of gen- try of Mercantile Marine, Aegean and eral secretariats” and b) of article 90 Island Policy and its renaming to “Minis- “Examination of the expenses incurred try of Economy, Competitiveness and by the regulative administrative acts” of Shipping”, conversion of the Ministry of the “Legislative Code on Government Macedonia-Thrace to the General Sec- and Government Bodies” as ratified by retariat of Macedonia-Thrace under the the first article of PD 63/05 “Codification administration of the Ministry of Interior of the legislation on the Government of the General Secretariat –Thrace and and Government Bodies” (GG the General Secretariat of Aegean and A/98/22.4.2005). Island Policy” (GG A/213/ 7.10.2009).

2. The provisions of the article 71 “Pa- 7. PD 187/09 “Appointment of Ministers tent tax incentives” of Law No. and Deputy Ministers” (GG 3842/2010 (GG A/58/23.4.2010). A/214/7.10.2009)

3. Law No. 1733/87 “Transfer of Tech- 8. PD 189/09 “Determination and reallo- nology, inventions, technological innova- cation of competencies of the Ministries” tions and establishment of the Greek (GG A/221/5.11.2009) as amended by Atomic Energy Commission” (GG PD 24/10 “Redetermination of the com- A/171/22.9.1987) through which a pri- petencies of the Ministries and amend- vate law legal entity is established oper- ments of PD No. 189/2009” (GG A ating under the name “Industrial Proper- 56/15.4.2010). ty Organization (OBI)”, as amended, complemented and in force. 9. Mutual Decision No. D6A1142500 EX2010/26-10-2010 (GG B/1725/3-11- 4. PD No. 77/88 “Provisions of the im- 2010) by the Prime Minister and Minister plementation of the Convention on of Economy regarding the reallocation of Grant of European Patents as ratified by competencies to the Deputy Minister of Law No. 1607/1986” (GG Economy, Dimitrios Kouselas, we de- A/33/25.2.1988). cide:

5. PD No. 248/89 “Organization of the APPROVAL OF ENTERPRISE General Secretariat for Research and FALLING UNDER ARTICLE 71 OF THE Technology” (GG A/116/10.5.1989) as LAW 3842/2010. amended by PD No. 179/92 (GG A/81/ 26.5.1992), PD 147/94 (GG

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)

“Institutional framework of Model Pilot Schools, Establishment of an Institute of Educational Policy, Organisation of the Institute of Computer Technology and Publications ‘DIOFANTOS’ and other provisions”

THE PRESIDENT tion of the previous clause, the need for OF THE HELLENIC REPUBLIC proportionality between the seriousness of the infringement and the remedies Hereby issues the following law that was ordered, as well as the interests of adopted by the Hellenic Parliament: third parties, shall be taken into account. The measures provided for under the CHAPTER D’ second clause are carried out at the ex- MATTERS RELATING TO pense of the infringer, unless particular INDUSTRIAL PROPERTY reasons are invoked for not doing so. The rightholder may also exercise the Article 53 rights provided for under the first clause Harmonisation of the national law with of the present paragraph against inter- Directive 2004/48/EC of the European mediaries whose services are used by a Parliament and of the Council of 29 April third party to infringe the rights provided 2004 on for under the present law (articles 10 the enforcement of and 11 of Directive 2004/ 48/EC). For intellectual property rights each act of omission contributing to an infringement, the court may impose a monetary penalty of up to ten thousand 1. Paragraph 1 of article 17 of Hellenic (10,000.00) Euros in favour of the Law 1733/1987 (published in Hellenic rightholder, while in all other cases arti- Government Gazette A’ 171) is replaced cle 947 of the Hellenic Code of Civil as follows: Procedure shall apply. In establishing “1. In any case of an infringement or the infringement of the obligation not to threatened infringement of a copyright, act provided for under the preceding the holder of such copyright (rightholder) clause, the procedure provided for un- may request the lifting of the infringe- der articles 686 et seq. of the Hellenic ment and its omission in the future. The Code of Civil Procedure is applied.” lifting of the infringement may include, on application by the rightholder, indica- 2. Articles 17A, 17B, 7C, 17D, 17E, 17F, tively and not restrictively, (a) the recall and 17G are added after article 17 of of the goods that were found to be in- Hellenic Law 1733/1987 (published in fringing a right provided for under the Hellenic Government Gazette A’ 171) as present law and, as in appropriate cas- follows: es, materials principally used in the cre- Article 17A ation or manufacture of these goods (Articles 6 and 8 of Directive from the channels of commerce, (b) the 2004/48/EC) definitive removal of these goods and Evidence and right of information materials from the channels of com- merce or (c) the destruction of these goods and materials in accordance with 1. When a party has presented reason- paragraph 5. In considering the applica- ably available evidence sufficient to

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.

4. In response to a justified request of 6. Paragraphs 4 and 5 shall apply with- the party, considered by the court as to out prejudice to other provisions which

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

5. In the cases of paragraphs 1, 2 and On application by the person liable to be 3, the court may make the measures subject to the measures provided for subject to the lodging by the applicant of under articles 17A and 17B, the court a security determined in the decision or may order pecuniary compensation to provisional order or/and without a secu- be paid to the injured party instead of rity and shall specify a time limit for the applying the aforementioned measures lodging of the action for the main case if that person acted unintentionally or as provided for under paragraph 1 of ar- without negligence, if execution of the ticle 693 of the Hellenic Code of Civil measures in question would cause him Procedure, which cannot exceed thirty disproportionate harm and if pecuniary (30) days. If no action is lodged within compensation to the injured party ap- said time limit, the injunction measure pears reasonably satisfactory. shall be lifted ipso jure.

Article 17D 6. The court shall order injunction (Articles 13, 14 and 15 of Directive measures or precautionary evidence 2004/48/EC) without needing to specify the evidence Damages, legal costs and proving the infringement or threat of in- publication of judicial decisions fringement, only to determine such evi- dence on a category basis. 1. On application by the injured party, the court may order the infringer who 7. In respect of paragraphs 1 to 6, the knowingly, or with reasonable grounds court shall have the authority to require to know, engaged in an infringing activi- the applicant to provide any reasonably ty, to pay the rightholder damages ap- available evidence in order to conclude, propriate to the actual prejudice suffered on the basis of sufficient information, by him as a result of the infringement of that the applicant is the rightholder and his right. In setting the compensation the that the applicant's right is being in- court (a) shall take into account all ap- fringed, or that such infringement is im- propriate aspects, such as the negative minent. economic consequences, including lost profits, which the injured party has suf-

fered, any unfair profits made by the in- 8. Where the injunction measures pro- fringer and, in appropriate cases, ele- vided for under this article are revoked ments other than economic factors, due to any act or omission by the appli- such as the moral prejudice caused to

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 6. Paragraph 2 of article 28 of Hellenic paragraph 33 of article 20. 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.

I hereby order the publication of the pre- sent law in the Hellenic Government Gazette and its enforcement as a law of the State.

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 “Article 5 the results of the multilateral commercial Documents of the application negotiations carried out in the frame- 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:

Article 5 “Article 12a Filing of a translation of a text for Paragraph 3 of article 9 of Presidential limitation or revocation of a Decree 77/1988 is replaced as follows: European patent “3. The translation and the documents 10. Within three (3) months of the that are attached thereto shall be ac- date of publication of the announcement cepted by the OBI provided they meet of the decision on the limitation or revo- the typical conditions of presentation of cation of a European patent in the Euro- designs and documents of articles 8 and pean Patent Bulletin, the proprietor of 9 of decision No. 15928/ΕΦΑ/ 1253/ the European patent is required to file 24.12.1987 of the Minister of Industry, the certified translation of the text on the Energy and Technology on the ‘Filing of basis of which the EPO limited or re- applications for the grant of a patent or voked the European patent designating utility model certificates with the OBI and Greece with the OBI. keeping of record books’ (Government Gazette A’ 778).” 11. If the deadline set out in para- graph 1 of the present article lapses without effect, the European patent is Article 6 deemed to be void ab initio within the Article 10a is inserted after article 10 of territory of Greece. Presidential Decree 77/1988 as follows: 12. The translation provided for un- der paragraph 1 of the present article is “Article 10a Limitation or revocation of the filed with the OBI only if the European provisional protection patent has effect in Greece, in applica- tion of paragraph 4 of article 23 of Law The provisional protection that is provid- 1733/1987 and article 11 of the present ed for under article 10 of the present Presidential Decree, and an act for for- Presidential Decree does not produce feiture has not been published, pursuant results if the European patent has been to article 16 of Law 1733/1987. revoked or limited in accordance with opposition, limitation or revocation pro- 13. For the filing of the translation ceedings before the EPO.” provided for under paragraph 1 of the present article with the OBI, as well as for the publication of said translation in Article 7 the Bulletin, the provisions of articles 12 Paragraph 2 of article 12 of Presidential and 13 of the present Presidential De- Decree 77/1988 is replaced as follows: cree, respectively, shall apply. “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 Paragraph 1 of article 23 of Hellenic publications in the Bulletin. Presidential Decree 77/1988 is replaced 2. The ratified copy provided for under as follows: paragraph 1 of the present article, which “1. The OBI shall record in the Register bears the title ‘Confirmation of registra- of Patents, Volume B’, with the indica- tion in the Registers of the OBI, is pro- tion ‘European’, the particulars that con- vided on the same day for use before cern European patents and that are rec- the EPO within the framework of the orded in the Register of European Pa- proceedings for the limitation or revoca- tents, pursuant to article 127 of the tion of a European patent. 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 23a is inserted after article 23 of Article 14 Presidential Decree 77/1988 as follows: Entry into force

“Article 23a Without prejudice to the transitional pro- Confirmation of registration in the visions of article 7 of the Revision Act, Register the present Presidential Decree is valid 1. The OBI shall grant the proprietor of from the date the Revision Act enters the certificate of filing of a translation of into force, in other words from 13 De- a European patent a ratified copy of the cember 2007. filing and of all possible changes in the We hereby assign the publication of the ownership status of the certificate from present Presidential Decree in the Gov- the Register of Patents, Volume B’, with ernment Gazette and its execution to the indication ‘European’, that the Or- the Minister of Education, Lifelong ganisation keeps. The ratified copy shall Learning and Religious Affairs.

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)

“Assignment of competences to the Deputy Minister of Development, Competitiveness, Infrastructures, Transport and Networks, Mr. Athanasios Skordas”

Commerce in the Ministry of Develop- ment” (Α΄ 19); THE PRIME MINISTER AND THE MINISTER OF DEVELOPMENT, 8. Presidential Decree 197/1997 on the COMPETITIVENESS, “Establishment of the General Secretar- INFRASTRUCTURES, TRANSPORT iat for the Consumer” (Α΄ 156); AND NETWORKS 9. Presidential Decree 248/1989 on the Having regard to: “Organisation of the General Secretariat for Research and Technology” (Α΄ 116); 1. Article 83, paragraph 2, of the Consti- tution; 10. Law 2860/2000 “Management, monitoring and control of the Communi- 2. Articles 41, paragraph 5, and 90 of ty Support Framework” (Α΄ 251); the Legislation Code for the Govern- ment and Governmental Bodies, vali- 11. Law 3614/2007 on the “Manage- dated with article 1, presidential decree ment, control and implementation of de- 63/2005 (Α΄ 98), on the “Codification of velopment interventions for the the legislation for the Government and 2007−2013 programming period” (Α΄ governmental bodies”; 267);

3. Presidential Decree 381/1989 on the 12. Law 3297/2004 on the “Consumer’s “Organisation of the Ministry of Industry, Ombudsman, regulation of matters of Energy and Technology” (Α΄ 168); the Ministry of Development and other provisions” (Α΄ 259); 4. Presidential Decree 229/1986 on the “Establishment and organisation of the 13. Law 3728/2008 on the “Market Su- General Secretariat of Industry” (Α΄ 96); pervision Service and other services” (Α΄ 258); 5. Presidential Decree 397/1988 on the “Organisation of the Ministry of Com- 14. Law 3959/2011 on the “Protection of merce” (Α΄ 185); free competition” (Α΄ 93);

6. Presidential Decree 59/1996 on the 15. Presidential Decree 189/2009 on the “Establishment of the General Secretar- “Determination and redistribution of iat of Commerce and determination of its competencies of the Ministries” (Α΄ 221); competences” (Α΄ 51); 16. Presidential Decree 85/2012 on the 7. Presidential Decree 27/1996 on the “Establishment and change of name of “Merging of the Ministries of Tourism, the Ministries, transport and abolition of Industry, Energy and Technology and services” (Α΄ 141);

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: b. has the competence of legislative ini- a. the competencies of parliamentary tiative; control; 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; b. General Secretariat of Commerce; g. the submission of questions to the Legal Council of the State and the ac- c. General Secretariat of Consumers ceptance of the relevant opinions. d. Market Supervision Service 2. The competences of paragraph 1, cases e and f, of this article, are also Β. the supervision of: exercised by the Minister of Develop- ment, Competitiveness, Infrastructure, Transport and Networks.

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)

“Fight against delinquency in Social Security System, in labour market and other dispositions falling under the competence of the Ministry of Labour, Social Insurance and Welfare”

Article 79 2. Electronic filing shall not be permitted Regulatory issues of the Hellenic for inventions of Law no. 4325/1963 (A' Industrial Property Organisation 156)

1. All applications submitted to the Hel- 3. All terms, conditions, procedures, lenic Industrial Property Organisation technical requirements and any matter (OBI) for granting any type of industrial related to the implementation of para- property title and certificate may be filed graph 1 shall be laid down by Order of via internet, pursuant to the applicable the Minister of Development, Competi- legislation in force and namely in ac- tiveness, Infrastructure, Transport and cordance with the Law no. 1733/1987 Networks. (A' 171), the Presidential Decrees no. 77/1988 (A' 33), no. 16/1991 (A' 6), no. 4. The Hellenic Industrial Property Or- 45/1991 (A' 24), no. 415/1995 (A'24), ganisation is supervised by the General no. 259/1997 (A' 185), and no. 46/2012 Secretariat for Industry, which comes (A' 950). Regarding certification of elec- under the auspices of the Ministry of tronic signatures, the provisions of the Development, Competitiveness, Infra- Presidential Decree no. 150/2001 (A' structure, Transport and Networks. Any 125) on electronic signature certification general of specific provision contrary to shall apply mutatis mutandis. the present section is hereby repealed.

176 MINISTERIAL DECISION 12625/1/2014

“Electronic distribution of documents to and from the Industrial Property Organisation (OBI) and electronic filing of industrial design or model registration”

7. Presidential Decree 259/1997 "Im- THE MINISTER plementing Provisions of the Hague OF DEVELOPMENT AND Agreement Concerning the International COMPETITIVENESS Deposit of Industrial Designs and Mod-

Having regard to the following: els as ratified by Law 2417/1996 and provisions regarding the national protec- tion title» [GG 185/Α/19.09.1997). 1. Articles 1 (2), 2 (13), 4 (2) and 7 (11) of L. 1733/1987, «Technology 8. Presidential Decree No. 150/2001 transfer, inventions, and technological "Adaptation to Directive 99/93/EC of the innovation », as amended by Art. 18, of European Parliament and of the Council Law No 1733/1987 (GG 201, A’ of on a Community framework for electron- 20.11.1987) ic signatures» [GG 125/Α/ 25.06.2001].

2. provisions of PD 232/92 "Exit of the 9. Presidential Decree No 63/2005 Industrial Property Organization from the "Codification of the legislation on Gov- Public Sector» [GG 120/Α/14.7.1992]. ernment and Governmental Bodies» [GG 98/Α/22.04.2005]. 3. L. 3429/2005 «State Owned Organi- zations (SOE/DEKO)» [GG 10. provisions of PD 116/2014, Article 314/Α/27.12.2005], as amended and in 45 "Organization of the Ministry for De- force. velopment and Competitiveness» (GG 185/Α/3.9.2014) 4. L. 3979/2011 «On Electronic Gov- ernment and other provisions» [GG 11. Presidential Decree No. 85/2012 138/Α/16.06.2011]. [GG 141/Α/21.06.2012] «Establishment and renaming of Ministries, transference 5. provisions of article 79 in L. 4144 / and elimination of services». 2013 "Tackling delinquency in the sector of Social Security and the labor market 12. Presidential Decree No. and other provisions of the Ministry of 118/2013 [GG 152/Α/25.06.2013] re- Labor, Social Security and Welfare» garding amendment of PD 85/2012 [GG [GG 88/Α/18.04.2013],. 141/Α/21.06.2012] « Establishment and renaming of Ministries » 6. provisions of article 41 on "National time" in L. 4155/2013 "National Electron- 13. Presidential Decree no D ic Public Procurement System and other 158/2014 [GG 240/Α/3.11.2014 «Ap- provisions» [GG 120/Α/29.05.2013]. pointment of Ministers» and the Presi- dential Decree no 89/2014 (GG 134/Α/10.06.2014) « Appointment of

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

Article 4 1. For any communication or transaction Access to the website with the Organisation, which concerns the process of filing or granting industrial The access to the website of the Organ- property titles or certificates, the regis- isation is free in case of information ac- tration process related to any ownership

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.

1. For the issuance of electronic signa- ture certificates to employees of OBI or Article 14 to parties transacting with OBI, Regula- Electronic document copies tion No. 248/71 on Electronic Signature Certification Service (B 603) dated May 1. Electronic copies produced by the 16, 2002 by the National Telecommuni- system are considered to be valid as cations and Post Commission (EETT) exact copies if the original electronic or applies, as in force. paper document is held by the Organi- sation and if after the process of regis- 2. OBI informs the contracting parties on tration, digitization, reproduction and the electronic signature certificates of printing the resulting document is identi- paragraph 1 above, which the central cal to the electronic copy and the copy electronic system of the Organisation bears an advanced electronic signature recognizes and accepts. by an authorized OBI officer of and safe Time Stamp. 3. Qualified certificates shall be granted only to natural persons with legal capac- 2. If printed material contained in regis- ity. ters or industrial property titles' records held by OBI is digitized in accordance 4. If a document or an act has to be with the applicable law, certification of signed by more persons, the procedure the identity of the original with the exact of certification of the electronic signature electronic copy is accompanied by a applies to each of them, sequentially. certificate of integrity and authenticity of the copy. Article 13 3. Destruction of any original paper Validity of electronic documents documents after production of digitized and evidence value equivalent copy is not permitted without 1. All kinds of electronic documents observance of the process described in drawn up by the OBI bear an advanced PD 162/1979 "On liquidation of the files electronic signature authorized by the of the Public Services" (A'42), as valid Director General of OBI, employee of today. the Organisation, based on a qualified certificate and created by a secure sig- nature device.

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

Article 15 1. The graphic illustrations or photo- Electronic application filing graphs of the designs or models that accompany any electronic filing in ac- 1. An application for a design registra- cordance with Article 21 of Presidential tion with the OBI may be filed electroni- Decree No. 259/1997 may be transmit- cally via the Internet. ted electronically to OBI only in a file in 2. Electronic design or model submis- the format set in the system require- sion means transmission over the Inter- ments. net to the OBI of a request to register a 2. The maximum permissible limit of design or model with the details of Arti- layouts per design is set to twenty (20). cle 20 (2) of PD 259/1997. 3. Any other supporting documents are 3. Electronic filing may be accompanied attached to the electronic filing only in by the documents of Article 20 (3) of PD the file format that meets the system re- 259/1997 attached therein. quirements.

4. In order to proceed to online applica- 4. For any other matter, the provisions tion for design registration it is required of Ministerial Decision 15928 /EFA/ that the transacting party is registered in 1253/13.12.1987 and PD 259/1997 ap- the corresponding application on the ply accordingly. website of the Organization, pursuant to Article 9 herein. 5. OBI is obliged to inform the transact- ing parties, in a timely manner and in every possible way, about the require- Article 16 ments of the System, pursuant to the Filing date provisions of this Decision.

1. The date of transmission of the elec- tronic application online is the Article 18 timestamp on the receipt of the docu- Commencement of force ments issued by the OBI, which is ac- companied by a copy of the completed 1. This Decision shall come into force online application file complying to the three (3) months after its publication in system requirements. the Government Gazette.

2. Electronic filing is considered normal 2. This decision shall be published in and acceptable if it satisfies the condi- the Government Gazette. tions of paragraphs 2 and 6 of Article 20

182 ANNEX

LEGISLATION GOVERNING INVENTIONS, TECHNOLOGY TRANSFER, DESIGNS AND TOPOGRAPHIES OF SEMICONDUCTOR PRODUCTS [*]

1. Law 5562/1932 on the “Ratification 8. Law 1607/1986 on the “Ratification of the Convention on International of the Convention on the Grant of Exhibitions signed by Greece and European Patents, signed in Munich other countries in Paris on 22 No- on 5 October 1973” (GG 85, Α’ of vember 1928” (GG 221, Α’ of 30.06.1986). 11.07.1932). 9. Law 1733/1987 “Transfer of technol- 2. Articles 39, par. 1 and 40 of Legisla- ogy, inventions, technological inno- tive Decree 3026/1954 (GG Α’, 235 vation and setting up of Greek Atom- "On the Code for Lawyers"). ic Energy Commission” (GG 171, Α’ of 22.09.1987), as in force. 3. Law 4307/1963 on the “Ratification of the multilateral agreement signed 10. Article 18, paragraphs a and b of the in Paris on 21 September 1960 for Law 1739/1987 “Management of wa- the mutual safeguarding of secrecy ter resources and other provisions” of inventions relating to defence and (GG 201, Α’ of 20.11.1987). for which applications for patents have been made” (GG 79, Α’ of 11. Ministerial decision 15928/EFA/ 1253 30.05.1963). of 24.12.1987 “Filing an application with OBI for the granting of a patent 4. Law 4325/1963 on “Inventions relat- or utility model certificate and book ing to national defence” (GG 156, Α’ keeping” (GG 778, Β’ of 31.12.1987). of 27.09.1963). 12. Presidential Decree 77/1988 “Provi- 5. Ministerial decision ΟΙΚ 56200 of sions implementing the convention 19.10.1963 on “Inventions relating to on the grant of European patents rat- national defence” (GG 493, Β’ of ified by law 1607/1986” (GG 33, Α’ of 04.11.1964). 25.02.1988).

6. Law 213/1975 on the “Ratification of 13. Ministerial decision 5326/EFA/ 485 of the 1883 Paris International Conven- 31.03.1988 “Special form for tech- tion on the Protection of Industrial nology transfer contracts” (GG 247, Property, as amended in Stockholm Β’ of 27.04.1988). on 14 July 1967 (GG 258, Α’ of 20.11.1975). 14. Law 1883/1990, “Ratification of the Convention on the Patent Coopera- 7. Law 472/1976 on the “Ratification of tion Treaty executed in Washington the Protocol signed in Paris on 30 D.C. on 19 June 1970 and amended November 1972 amending the Con- on 2 October 1979 and 3 February vention on International Exhibitions 1984 (together with the Implementing signed in Paris on 22 November Regulation” (GG 45, Α’ of 1928" (GG 305, Α’ of 16.11.1976). 29.03.1990).

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 intern a- 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 Se p- 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 prote c- 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”.

54. Presidential Decree 46/23.04.2012 57. Ministerial Decision 12625/1/ 2014 (GG A’ 95), “Amendment of “Electronic distribution of documents Presidential Decree 77/1988 (GG A’ to and from the Industrial Property 33) in application of the Act revising Organisation (OBI) and electronic the Convention on the Grant of filing of industrial design or model European Patents of 29 November registration”. 2000 that was ratified with Law 3396/2005 (GG A’ 246)”.

* 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

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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:

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