Greece: New law amends rules concerning patent licences

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Greece: New law amends rules concerning patent licences

Law 4605/19, enacted last week, introduced important amendments to Greek patent law and more specifically to the provisions relating to licences.

According to the new provisions, a licence agreement concerning a patent will only take effect once it is recorded in the patent register.

Furthermore, the new law includes amendments and new provisions regarding compulsory licences in an effort to make these more practical and attractive. According to the new provisions, competence for the grant of compulsory licences at the request of a third party, in case the invention has not been worked by the patentee, is transferred from the civil courts to the patent office. The latter is also responsible for determining the terms of the compulsory licence, including the scope, duration and royalties.

The provisions relating to compulsory licences granted in the public interest by the state are also amended. According to the new provisions, the Ministries of Finance and Development together with any competent ministry may decide to subject a patent to the regime of compulsory licences for reasons of public interest. Such reasons are (i) that the products or processes under the patent are provided to the public in insufficient quantities, quality or that their price is unusually high compared to the price of similar products in other markets, (ii) public health reasons, (iii) the exploitation of the patent is considered an act of unfair competition, (iv) the exploitation of the patent is necessary to comply with a standard for reasons of public interest or (v) the lack of exploitation of the patent harms the economic and technological development of the country.

Once a patent is subjected to the above regime, any interested third party may file a request for the grant of a licence from the minister of finance and development. The duration and scope of the licence are established by the decision.

Under the former legal regime no compulsory licence was ever granted. According to the explanatory memorandum of the new law, the amendments aim to change that and provide a flexible and reliable legal framework that would allow optimum use of inventions for the overall benefit of the public.

kilimiris.jpg

Constantinos Kilimiris


Patrinos & Kilimiris7, Hatziyianni Mexi Str.GR-11528 AthensGreeceTel: +30210 7222906, 7222050Fax: +30210 7222889info@patrinoskilimiris.comwww.patrinoskilimiris.com

more from across site and ros bottom lb

More from across our site

Firms that advise generics businesses reflect on whether they’re seeing more aggressive tactics from innovators and how they’re managing their practices
Suspicions concerning AI in the legal space, and another copyright win for Ed Sheeran were among the biggest IP developments this week
Michael Sitzman, a life sciences litigator, explains how McDermott’s busy schedule at the UPC convinced him to join
The UK’s top court will hand down the decision next week, 17 months after hearing arguments in the crucial trademark dispute
Ceyda Maisami explains why HP is becoming more vocal in its SEP arguments and reveals why the company has transformed the way it engages with outside counsel
In the latest UPC update, we examine a ruling on director liability, another on the Gillette defence, and look ahead to cases concerning medical devices
Burak Yüceel outlines six characteristics that make a successful IP practitioner and explains why Alan Turing is an inspiration
Lawyers at Dentons unpick the findings of a survey that revealed that businesses tend to focus on reactive rather than proactive use of AI when performing IP evaluations
Peng Lei and David Webb of Herbert Smith Freehills assess what battery innovators need to know to protect their investments
Little to no policies from either candidate suggest we may be waiting a while before we see major changes to the US’s IP framework
Gift this article