In case of infringement of a trademark, 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.

According to Article 26 of Law No 2239/94, the owner of a trademark or any rightholder has standing 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 practice 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 a 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 court's decision can be enforced according to Articles 452 paragraphs 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 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).

Pursuant to Article 25 paragraphs 1 and 2 of Law No 2239/94, the lawsuit may be brought against anyone using or imitating a trademark which belongs to some body else for omission or damage or both. The same applies to anyone using a trademark which is identical or similar to another but not used in connection with similar goods or services to those for which the trademark has been registered, provided the latter has acquired reputation in Greece and that use of such a sign would, without due cause, take unfair advantage of, or be detrimental to, distinctive character or to repute of the earlier trademark. The lawsuit is brought before the competent court of first instance, regardless of the amount claimed and is judged according to the usual procedure. The statute of the limitation for the lawsuit for damages is three years starting from the end of the year during which, the first illegal use, alternation or imitation has taken place. Upon interruption of the statute of limitation period, a new one commences from the end of the year during which the interruption is completed. The procedure to be followed is the one provided in Article 682 et seq. of the Code of Civil Procedure. Pursuant to Article 27 of Law No 2239/94, anyone having the right to bring a lawsuit against omission which is contrary to the present Law, can seek provisional measures. Where the claim is brought against a third party, the owner of the undertaking the products or services or which bear the infringed trademark must be summoned, if it is established from the aforementioned products or services that he is the owner. The application for registration of the trademark filed by the person against whom the petition for interlocutory injunctions has been made, does not affect the above petition. The court of first instance of the district where the products or the rendering of services takes place, as well as the district where the undertaking has its registered office the products or services of which bear the trademark, is competent for granting the provisional measures. Since the injunctions are provisional, measures cannot be appealed. 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). Pursuant to Article 31 of Law No 2239/94, the civil or criminal court orders in the case of alteration, the destruction of the products or goods which bear the altered trademark; in the case of imitation, the removal an destruction of the trademark or the destruction of the product. The removal or destruction of the trademark can be ordered by the court even in the case of acquittal of the accused, if it takes the view that there exists a likelihood of confusion.

There are no specific provision in the trademark law granting such an authority.

Please see the response to question 7 in the Checklist of Issues on Enforcement.

[Answer 7:

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.]

Please see the response to question 8 in the Checklist of Issues on Enforcement.

[Answer 8: 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 trademark is a matter to be decided only by judicial authorities.

According to Article 27 of Law 2239/94, anyone having the right to bring a lawsuit against omission which is contrary to the present Law, can seek a provisional measure where the claim is brought against a third party, the owner of the undertaking the products or services of which bear the infringed trademark must be summoned, if it is established from the aforementioned products or services that he is the owner. The application for registration of the trademark filed by the person against whom the petition for interlocutory injunctions has been made, does not affect the above petition. The court of first instance of the district where the products or the rendering of services takes place, as well as the district where the undertaking has its registered office the products or services of which bear the trademark, is competent for granting the provisional measures. The procedure to be followed is the one provided in Article 682 et seq. of the Code of Civil Procedure.

Please see the response to question 11 of the Checklist of Issues on Enforcement.

[Answer 11: 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.]

Please see the response to question 12 of the Checklist of Issues on Enforcement.

[Answer 12:

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 the response to question 13 of the Checklist of Issues on Enforcement.

[Answer 13:

Please see answer to question 8 above.]

Provisional measures can only be issued by the courts.

Please see the response to question 15 of the Checklist of Issues on Enforcement.

[Answer 15:

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 the response to question 16 of the Checklist of Issues on Enforcement.

[Answer 16:  Please see answer to question 15 above.]

Please see the response to question 17 of the Checklist of Issues on Enforcement.

[Answer 17:  Please see answer to question 15 above.]

Please see the response to question 18 of the Checklist of Issues on Enforcement.

[Answer 18:  Please see answer to question 15 above.]

Please see reply to question 15 above.

[Answer 19:  Please see answer to question 15 above.]

Please see the response to question 20 in the Checklist of Issues on Enforcement

[Answer 20:  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.]

According to Article 28 of Law No 2239/94; with at least three (3) months in prison and a penalty amounting to Dr 200,000 or with one of these is punished: (a) anyone altering a trademark or knowingly using an altered trademark; (b) anyone knowingly affixing to products of the undertaking or to objects of the latter's trade, a trademark not owned by him; (c) anyone imitating a trade mark, wholly or in part, without altering it with a view to mislead buyers or knowingly to use a mark; (d) anyone knowingly selling or exposing for sale or distribution products or goods bearing the trademark which constitutes an alteration or imitation of another trademark; (e) anyone using as a trademark in violation of the provisions in Article 19; (f) anyone using as a trademark, the emblems and symbols of the Greek State and of every authority as well as the religious symbols. The provisions of paragraph 1 of the present Article also apply to service marks.

According to Article 29 of Law No 2239/94, as regards laws provided in Article 28 paragraph (1) (a) (b) (c) (d) and (e) and laws committed after registration of the prosecutor's trademark, prosecution commences with the filing of the complaint; as regards paragraph 1 (f) prosecution is made ex officio.

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

Please see reply to question 21 above.

[Answer 21: According to Article 28 of Law No 2239/94; with at least three (3) months in prison and a penalty amounting to Dr 200,000 or with one of these is punished: (a) anyone altering a trademark or knowingly using an altered trademark; (b) anyone knowingly affixing to products of the undertaking or to objects of the latter's trade, a trademark not owned by him; (c) anyone imitating a trade mark, wholly or in part, without altering it with a view to mislead buyers or knowingly to use a mark; (d) anyone knowingly selling or exposing for sale or distribution products or goods bearing the trademark which constitutes an alteration or imitation of another trademark; (e) anyone using as a trademark in violation of the provisions in Article 19; (f) anyone using as a trademark, the emblems and symbols of the Greek State and of every authority as well as the religious symbols. The provisions of paragraph 1 of the present Article also apply to service marks.]

Please see the response to question 25 in the Checklist of Issues on Enforcement

[Answer 25: 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.]