TMCnet News
Licensing: Registering property(Country Commerce Via Thomson Dialog NewsEdge)An applicant for a patent has the right to file for a Greek national patent, applicable only in Greece; a European patent, applicable in any designated country of the 31 states party to the European Patent Convention; or an international patent, applicable in any of the 128 nations that are signatories to the Patent Co-operation Treaty. Patents are awarded by the Industrial Property Organisation (OBI), a legal entity in private law that is under the supervision of the Ministry of Development. Filing for a European patent costs far more than for a national patent, so there are a limited number of Greek applicants for European patents. Moreover there is a significant backlog in processing at the European Patent Office (EPO), based in Munich, because of the complexity of searching in so many countries. The EPO pledged in 2004 to cut the average processing time, but only to a lengthy three years. The EU Competitiveness Council in 2003 established terms of reference for a Community Patent (Compat) that would be valid throughout the European Union. It also called for the establishment of a Community Patent Court (CPC), to be in place by 2010, in which patent attorneys established in all member states would have rights of representation. A working paper for the Competitiveness Council argued that the Compat system would reduce the present cost of registering a European patent by 19% from the present level of 28,500 and ensure uniformity of judgments in rulings on infringements. A diplomatic convention to amend the European Patent Convention was proposed for 2005 but did not materialise because of disputes among member states that want to sustain the provision that the patents terms and conductions should be translated into all the languages of the EU. The OBI also grants utility-model certificates, registers the topography of semiconductors and industrial designs, provides technical information and maintains a secret register of technology-transfer contracts. To secure a patent or a utility-model certificate, an application must be filed in duplicate with the OBI. This should include the name, nationality and address of the registrant; a description of the invention; an abstract of how it works; drawings necessary for a full understanding of the invention; and a declaration of claims relating to it. Theapplicant must also provide proof of registration- fee payments. Foreign patent applicants in Greece must appoint a local representative (usually a lawyer). Applications and specifications must be submitted in Greek, in duplicate. Drawings also must be submitted in duplicate. European patent applications must be submitted in Greek and eventually translated into English, French or German at the applicants expense. If the patent has already been registered in another country and the registrant wants its priority to be acknowledged, a copy of the registration must be attached. The first party to file a declaration is entitled to the patent; there is no internal procedure implemented to determine if the filer is the actual inventor. There is no provision for opposition in the Greek application procedure, though there is for the European one. With the national patent application, a company that believes its property rights have been infringed has recourse only through legal proceedings. Before a patent is granted, application documents remain secret for 18 months from the day of filing to allow the applicant to prepare the product for the market. If an application is refused, the application is not published. There is no appeal against refusal. Patents are transferable by contract or by inheritance. The transfer agreement or certificate of inheritance must be registered for the transfer to be valid. To register semiconductor products, the applicant must provide information similar to that for a patent. Certain details about the invention may remain confidential for products associated with arms, munitions or war materials. Industrial designs must be accompanied by a list of applications, how they can be reproduced, and black and white photographs (colour where applicable) or graphical representations. The OBI publishes guides in Greek and English on how to apply for all forms of protection (www.obi.gr). Trademarks. The General Secretariat of Commerce of the Ministry of Development catalogues Greek and EU trademarks by category; hence, an applicant can check before applying if the name chosen is already taken. Toregister a new trademark, a declaration (in five copies) is submitted to the Directorate of Industrial and Commercial Property at the Ministry of Development along with 20 (ten in black and white and ten in colour if the trademark is coloured) copies of the mark, a list of the products to which the mark is to apply, a declaration of appointment of a resident agent and a lawyer, and proof of payment of registration fees and minimum Athens Bar dues. The Administrative Commission of Trademarks at the Ministry of Development must acknowledge the trademark before it is registered, and applicants can appeal against its decisions. As an alternative to the national system, companies may seek trademark protection under the EU system through OHIM (EU Trademark Regulation, Official Journal L11/1 1994). Trade names are covered by Law 2081/92 (on chambers of commerce) and Law 146/14 (on unfair competition). Trade names are protected by the penal code (fraud and forgery) and the civil code, under which the rightful holder may sue for cessation of unlawful use and, in certain circumstances, press for damages. Copyrights are not registered since it is considered easy to prove creative rights through the courts. Administrative registration is possible by depositing an original work with the National Library. It takes an average of two years for a case to come to court, but it is relatively easy to secure an injunction through a single member court of first instance pending a hearing. |