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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
FRIDAY, 13 MAY 2011
Shortly -A new TM law for Greece

As it so often happens, threat of a pecuniary penalty moves things along. For Greece, the pressure to implement EC Directive 2004/48 with regard to trade marks (copyright implementation was achieved through Law No. 3524/2007), pushed things forward enough for a brand new Greek TM law. Indeed, the draft law, which has recently passed from the Greek Cabinet and is en route for adoption by the Parliament, brings about several changes to the existing TM normative framework. To name a few:

  • The option of division of products/services designated by a TM application is introduced
  • The opposition deadline is reduced to 3 months from 4  ½
  • A new legal remedy, the so called “revocation action” before the Administrative Committee for Trade Marks is introduced
  • A method of calculating damages on the basis of hypothetical royalties is introduced
  • Criminal sanctions for violation of famous trade marks are introduced, while existing civil & criminal protection becomes stricter
  • Existing rules on international & Community trade mark applications/registrations designating Greece are consolidated into the new law

A good deal of things we knew about Greek TM law will change within the next few months. The law is to come into force 6 months after it is adopted and published in the Official Gazette, which means there will be plenty of time for adjustment.

 

 

As a general comment, this blogger is not very  happy with the enforcement part of the new law. Not really innovative, the provisions regarding civil procedure could more or less be accomodated by existing rules of the Code of Civil Procedure. The increased severity of criminal sanctions, on the other hand, is more than welcome and will certainly play a deterrent role.

Also, there is a notable attempt to amend shortcomings of the registration procedure and, in this regard, the prospect ofthe new provisions looks good. 

More comments and insights, as this blogger explores the details of the new law to be adopted!


 

 

 

 
Posted by: Nikos Prentoulis @ 14.23
Tags: Greece, trade marks, new law, Enforcement Directive,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


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