In case of infringement of a patent or a utility model or a protected topography of a semiconductor product, civil courts have jurisdiction to hear relevant claims. The action may be brought before the court of first instance, the decision of which can be appealed before the Court of Appeals. The Civil Division of the Supreme Court is the court of last resort for the reversal of any judgement. Injunctions are issued by the one member court of first instance in most cases. The rules of civil procedure (Article 22 et seq. of the Code of Civil Procedure) determine the venue. In most cases, the competent court is the one where the defendant has its domicile.

Pursuant to Article 17 paragraphs 1 and 3 of Law No. 1733/1987, the owner of a patent or the exclusive licensee or any rightholder or the patent applicant has standing to bring an action for infringement. The same provision is applicable in case of infringement of a utility model (Article 19 paragraph 6 of Law No. 1733/1987). Article 17 paragraphs 1 and 3 of Presidential Decree No. 45/1991 allows the owner of a registered topography or the exclusive licensee or any rightholder to bring an action for infringement. All parties must be represented in court proceedings by a lawyer acting as their counsel (Article 94 paragraph 1 of the Code of Civil Procedure) admitted to practise before the specific court. The only exception provided where a party can represent himself, is in the case of provisional measures or of an imminent danger. However, it is within the discretion of the judge to order a party to be represented by a lawyer. No party is required to appear in person. Upon petition of an interested party, the judge has the authority to order a party to appear before the court, should he consider it necessary for clarification purposes of the facts of a case (Article 245 paragraph 1(a) of the Code of Civil Procedure).

Following a petition of an interested party or ex officio, a court may order a litigant in possession of a document assumed to have evidentiary value, to produce such document on the date set for the trial (Article 232 paragraph 1(c) of the Code of Civil Procedure). Should the litigant fail to comply with the court order, the court may take this fact into account in the assessment of the case and impose a fine as well as the trial expenses. In case of non-compliance, Article 451 paragraph 1 of the Code of Civil Procedure further provides to any interested party, the possibility to file a petition during the course of a trial to have specific documents produced. Unless there are specific grounds for exemption, the documents have to be delivered to the interested party. The courts's decision can be enforced according to Articles 452 paragraph 1, 941 and 946 of the Code of Civil Procedure.

Pursuant to Article 402 paragraph 2 of the Code of Civil Procedure, a witness can deny to testify regarding any information related to a trade or artistic secret. Any third person or any party is exempted from the obligation to provide to the court any document having an evidentiary value, if this document contains information related to a trade or artistic secret (Article 450 paragraph 2 of the Code of Civil Procedure).

(a) Injunctions In case of present or potential infringement, an injured party is entitled to claim cessation of the infringing activity and the omission of any infringement in the future (Article 17 paragraph 1 of Law No. 1733/1987, Article 19 paragraph 6 of Law No. 1733/1987, Article 17 paragraph 1 of Presidential Decree No. 45/1991). The procedure to be followed is the one provided in Article 682 et seq. of the Code of Civil Procedure. At the time of filing of a petition, a judge may grant a temporary order, which remains in force until judgement on the injunction has been reached, if it is necessary to secure or preserve a right (Article 691 paragraph 2 of the Code of Civil Procedure). Since the injunction is only a provisional measure in order to prevent an imminent danger, an action has to be filed consequently before the competent civil court. Injunctions cannot be appealed. (b) Damages, including recovery of profits, and expenses, including attorney's fees Pursuant to Article 17 paragraph 2 of Law No. 1733/1987 the injured party may claim: -Restitution of any damages sustained. Compensation includes any loss of profits (Article 298 of the Civil Code); or -return of any profits gained from the unauthorized exploitation of the invention; or -payment of an amount equal to a licence fee. The plaintiff has to prove the amount of the licence fee which is paid in the market for the specific invention or under similar circumstances. Conditions such as the economic value of the invention, the remaining period until the lapse of the patent and the extent of the exploitation of the invention, are to be taken into account, when determining the amount of the licence fee. The above-mentioned remedies are conditional on the injuring party having acted intentionally. In case of unintentional behaviour, any benefit obtained from the infringement can be claimed as unjust enrichment according to Article 904 et seq. of the Civil Code. The same remedies are available in case of infringement of a utility model (Article 19 paragraph 6 of Law No. 1733/1987) or of a registered topography (Article 17 paragraph 2 of Presidential Decree No. 45/1991). Award of court expenses to the winning party is a standard practice of the Greek courts. Attorney's fees or expert's fees may be awarded (Article 189 of the Code of Civil Procedure). However, they are restricted to a certain schedule of costs, which does not correspond to the amounts actually incurred by the parties. (c) Destruction or other disposal of infringing goods and materials/implements for their production The court may order the destruction of any products manufactured in violation of the right. Upon petition, the court may instead order the defendant to render to the plaintiff any infringing products or parts thereof (Article 17 paragraph 5 of Law No. 1733/1987, Article 19 paragraph 6 of Law No. 1733/1987, Article 17 paragraph 3 of Presidential Decree No. 45/1991). The seizure of any infringing products may be ordered as an injunction, according to the procedure laid down in Article 707 et seq. of the Code of Civil Procedure, so as to secure any products to be destroyed.

There are no specific provisions in the patent law granting such an authority. Upon petition of an interested party, during the course of a trial, the court may order the other party to appear in person before it in order to answer specific questions e.g. as to the identity of distributors of infringing products, and provide any clarification related to the case (Article 245 paragraph 1(a) of the Code of Civil Procedure). If the party fails to appear, the court may take this fact into account in the assessment of the case.

Should the plaintiff fail to prove his case, he has to bear all trial expenses (Article 176 of the Code of Civil Procedure). Furthermore, the law provides, that a judge before the issue of an injunction e.g. for the seizure of infringing products, may order the petitioner to lodge a security (Article 694 paragraph 1 of the Code of Civil Procedure). Unless the security is lodged, the injunction cannot be enforced (Article 701 of the Code of Civil Procedure). If the plaintiff fails to comply with the court order, the injunction is no longer valid (Article 694 paragraph 2 of the Code of Civil Procedure). The petitioner has to cover any damages sustained by the enjoined party from the execution of an injunction, if his main law suit is finally dismissed (Article 703 of the Code of Civil Procedure). This obligation is conditional on the plaintiff having acted in knowledge or ignorance by gross negligence of the absence of any right. Judges are liable for any damage caused by an incorrect judgement, if they have intentionally or negligently acted (Article 6 of Law No. 693/1997). Only gross negligence can justify such a claim. The injured party does not have any claim, if he has omitted to avert damage sustained by use of any legal means or failed to appeal the initial decision. Pursuant to Article 105 of the Introductory Law to the Civil Code, the State is liable for any damage caused to a third party by an unlawful act or omission of an official during the performance of his duties. The official who caused the damage, is also liable for compensation.

Hearings before the court of first instance are concluded in one session (Article 270 paragraph 4 of the Code of Civil Procedure), unless the trial has to be continued or there are evidentiary issues to be determined by a preliminary decision. Parties have to file all documents at the latest before the initiation of the proceeding. Hearings for obtaining an injunction are always concluded in one session. The length of a proceeding depends on the nature of the case and on whether an injunction is sought or in case of a law suit, whether the case concluded at first or second instance. The rules governing the cost of proceedings can be found in Articles 173-193 of the Code of Civil Procedure. The cost of a proceeding varies according to the level of jurisdiction and the value in dispute. As a general rule, the losing party has to bear all trial expenses (Article 176 of the Code of Civil Procedure). In case of partial success or loss, the costs are divided between the parties (Article 178 of the Code of Civil Procedure). Expenses are awarded only if the court considers them necessary for the proceeding (Article 189 paragraph 1 of the Code of Civil Procedure). Attorney's or expert's fees may be awarded according to a certain schedule of costs. There are no statistics available on the actual duration and cost of proceedings.

Infringement of a patent or a utility model or a registered topography is a matter to be decided only by judicial authorities.

As stated in question 5 above, in case of present or potential infringement, an injured party can claim: -Cessation of the infringing activity (Article 17 paragraph 1 of Law No. 1733/1987, Article 19 paragraph 6 of Law No. 1733/1987, Article 17 paragraph 1 of Presidential Decree No. 45/1991); -omission of any infringement in the future (Article 17 paragraph 1 of Law No. 1733/1987, Article 19 paragraph 6 of Law No. 1733/1987, Article 17 paragraph 1 of Presidential Decree No. 45/1991. -seizure of any infringing products in order to secure the right of destruction of such products (Article 17 paragraph 5 of Law No. 1733/1987, Article 19 paragraph 6 of Law No. 1733/1987, Article 17 paragraph 3 of Presidential Decree No. 45/1991). The procedure to be followed is the one provided in Article 682 et seq. of the Code of Civil Procedure.

In very urgent situations or in order to avoid an imminent danger, a judge may issue an injunction without hearing and without previous notice to the adverse party (Article 687 paragraph 1 of the Code of Civil Procedure). Should notice to the defendant prevent the right being realized e.g. by disposing of the items to be seized, the court may grant the injunction. However, if the urgency situation or the danger could have been avoided by the grant of a temporary order pursuant to Article 691 paragraph 2 of the CCP, the court should reject the claim.

Provisional measures may be ordered upon written petition of an interested party. The petition may be filed before or during the course of a trial. Previous notice to the adverse party within a certain period determined by the judge is a prerequisite (Article 686 of the Code of Civil Procedure), the only exception being, the one provided in Article 687 of the CCP. The petition should contain the provisional measure requested, the facts establishing the right and the urgency of the situation or the imminent danger to be avoided (Article 688 paragraph 1 of the Code of Civil Procedure). Upon hearing both parties, the court determines the content of the injunction at its discretion (Article 692 paragraph 1 of the Code of Civil Procedure). If the injunction was granted prior to filing an action on the merits, the latter must be filed within a time-limit determined by the court, which cannot be less than 30 days (Article 693 of the Code of Civil Procedure). If no action was taken within the time-limit, the provisional measure is no longer valid. Upon compliance with the above-mentioned provisions, the injunction remains in force, until a final decision on the merits is reached. The injunction remains valid, until otherwise decided. The injunction cannot be appealed. However, if the injunction was issued in the absence or without previous notice to the adverse party, it can be revoked or modified upon petition of the party enjoined (Article 696 of the Code of Civil Procedure). A judge may order a petitioner to lodge a security, before issuing the injunction sought (Article 694 paragraph 1 of the Code of Civil Procedure). Upon request of an injured party, an injunction - whether granted prior to filing an action or during the course of a trial - may be revoked or modified, provided that the existing circumstances have changed (Article 696 paragraph 3 and 697 of the Code of Civil Procedure). If a compromise is reached, the measure is cancelled. The same applies following the lapse of a period of 30 days, if the action is cancelled (Article 698 of the Code of Civil Procedure). The injunction is executed according to the provisions on execution of the Code of Civil Procedure (Article 904 et seq.). The party who obtained an unjustified injunction must cover any damages sustained by it, should the main action be dismissed, provided he acted in knowledge or ignorance by gross negligence of the absence of any right (Article 703 of the Code of Civil Procedure).

Please see answer to question 8 above.

Provisional measures can only be issued by the courts.

The suspension of the release for free circulation or retaining of products suspected of infringing a patent, a utility model or a registered topography by the customs authorities, is not provided in Law No. 1733/1987 nor in Presidential Decree No. 45/1991. The customs authorities can only enforce injunctions related to the protection of such intellectual property rights, that are issued by a court.

Please see answer to question 15 above.

Please see answer to question 15 above.

Please see answer to question 15 above.

Please see answer to question 15 above.

According to Article 114 of the Code of Criminal Procedure the one member criminal court of first instance of the place where the crime was committed, has jurisdiction over criminal acts referred in question 21. An appeal of the above decision can be filed before the Court of Appeals.

The infringement of a patent, a utility model or a registered topography is not considered as a criminal act. The only act penalized, is the placing of a false statement on an article that it is patented, provided in Article 17 paragraph 7 of Law No. 1733/1987.

The Public Prosecutor is responsible for initiating criminal procedures either ex officio (Articles 27 and 43 of the Code of Criminal Procedure) or in response to a complaint.

No. A person may only report a crime or file a complaint with a police officer or a public prosecutor.

-Imprisonment; -monetary fines; -seizure, forfeiture and destruction of infringing goods and materials and implements for their production; -other. Patents A term of imprisonment not to exceed one year and/or minimum fine of Dr 50,000 is provided against acts constituting the offence of Article 17 paragraph 7 of Law No. 1733/1987.

The length of proceedings depends on various factors such as the nature of the crime, or if a preliminary investigation is required etc. As a general rule the convict bears the cost of the procedure. There are no statistics available on the actual duration and cost of criminal proceedings.