IP/N/1/GRC/8, IP/N/1/GRC/P/6

Greece

LAW 4605/2019, Articles 4-7 - Harmonization of Greek legislation to Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure

Articles 4 and 5 amend provisions of Law 1733/1987 on Patents as regards contractual and non-contractual licences, as well as Article 12, paragraph 3 and Articles 13 and 14 of Law No. 1733/1987. Articles 6 and 7 amend provisions of Law 1733/1987 on compulsory licensing. The amendments introduce: 1. the possibility of public offering of a contractual non-exclusive licence by a patent holder (Article 4); 2. changes to the granting authority of a non-contractual licence by authorizing the national IP authority i.e. the Hellenic Industrial Property Organisation (OBI) instead of civil courts, to review the conditions for the grant of a non-contractual licence and to issue a decision, facilitating a shorter procedure than the previous regime (Article 5); 3. compulsory licensing for public interest reasons is permitted to third parties authorized by the government, which were not entitled pursuant to the previous regime, where only use by public authorities was permitted (Article 6); 4. a definition of "public interest reasons" (Article 6); 5. authorization of the national IP authority (i.e. OBI) as the competent authority for receiving applications for the compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems pursuant to EC Regulation 816/2006 (Article 7).

See also: IP/N/1/EU/6 (Directive (EU) 2016/943) IP/N/1/EEC/P/5 (EC Regulation 816/2006 (Article 7))

Hellenic Industrial Property Organisation (OBI)

https://ip-documents.info/2023/IP/GRC/23_10497_00_e.pdf