Industrial Property Organization (OBI)
Greece

  • Section 1 General
  • Section 2  Private and/or non-commercial use
  • Section 3  Experimental use and/or scientific research
  • Section 4  Preparation of medicines
  • Section 5  Prior use
  • Section 6  Use of articles on foreign vessels, aircrafts and land vehicles
  • Section 7  Acts for obtaining regulatory approval from authorities
  • Section 8  Exhaustion of patent rights
  • Section 9  Compulsory licensing and/or government use
  • Section 10  Exceptions and limitations related to farmers' and/or breeders' use of patented inventions
  • Section 11  Other exceptions and limitations

 

Section 1: General

1. As background for the exceptions and limitations to patents investigated in this questionnaire, what is the legal standard used to determine whether an invention is patentable? If the standard for patentability includes provisions that vary according to the technology involved, please include examples of how the standard has been interpreted, if available. Please indicate the source of law (statutory and-or case law) by providing the relevant provisions and/or a brief summary of the relevant decisions.

The legal standard used is that an invention:
(a) has to be new,
(b) involve an inventive step and
(c) is susceptible of industrial application.

Article 5 of Law No 1733/1987 on technology transfer, inventions and technological innovation is the applicable law.


Correspondingly, please list exclusions from patentability that exist in your law. Furthermore, please provide the source of those exclusions from patentability if different from the source of the standard of patentability, and provide any available case law or interpretive decisions specific to the exclusions.

According to article 5 par. 2 of Law No 1733/1987 the following are not regarded as inventions:
(a) discoveries, scientific theories, and mathematical methods;
(b) aesthetic creations;
(c) schemes, rules, and methods for performing mental acts, playing games or doing business, and programs for computers;
(d) presentation of information.

According to article 5 par. 6 of Law No 1733/1987:
(a) Methods for treatment of the human or animal body by surgery or therapy;
(b) Diagnostic methods practiced on the human or animal body
(c) are not considered as inventions susceptible of industrial application.

According to article 5 par. 8 of Law No 1733/1987 patents are not granted in respect of:
(a) inventions the publication or exploitation of which would be contrary to public order (“ordre publique”) or morality;
(b) plant or animal varieties or biological processes for the production of plants or animals except microbiological processes or the products thereof.


2. As background for the exceptions and limitations to patents investigated in this questionnaire, what exclusive rights are granted with a patent? Please provide the relevant provision in the statutory or case law. In addition, if publication of a patent application accords exclusive rights to the patent applicant, what are those rights?

According to article 10 par. 1 of Law No. 1733/1987 the right to exploit the invention such as in particular:
(a) To produce, offer or make available in the market, to use and to possess for said purpose the products protected by the patent;
(b) To apply, offer or make available in the market the process protected by the patent;
(c) To produce, offer or make available in the market, to use and to possess for said purpose the product whose production results from the process protected by the patent;
(d) To forbid each and every third party from productively exploiting the invention, within the meaning of the above passages, or to import, without prior consent of the owner, the products protected by the patent.


3. Which exceptions and limitations does the applicable law provide in respect to patent rights (please indicate the applicable exceptions/limitations):

Private and/or non-commercial use;
Experimental use and/or scientific research;
Preparation of medicines;
Prior use;
Use of articles on foreign vessels, aircrafts and land vehicles;
Acts for obtaining regulatory approval from authorities;
Exhaustion of patent rights;
Compulsory licensing and/or government use;
Exceptions and limitations related to farmers’ and/or breeders’ use of patented inventions.

 

Section 2: Private and/or non-commercial use

4. If the exception is contained in statutory law, please provide the relevant provision(s):

Article 10 par. 2 a of Law No. 1733/1987


5.-10.

[Note from the Secretariat: response was not provided.]

 

Section 3: Experimental use and/or scientific research

11. If the exception is contained in statutory law, please provide the relevant provision(s):

Article 10 par 2 a of Law No. 1733/1987.


12.-22.

[Note from the Secretariat: response was not provided.]

 

Section 4: Preparation of medicines

23. If the exception is contained in statutory law, please provide the relevant provision(s):

Article 10 par 2 c of Law No. 1733/1987.


24.-25.

[Note from the Secretariat: response was not provided.]


26. Who is entitled to use the exception (for example, pharmacists, doctors, physicians, others)? Please describe:

Pharmacists preparing the medicine in a pharmacy in execution of a medical prescription.


27. Does the applicable law provide for any limitations on the amount of medicines that can be prepared under the exception?

No.


28.-30.

[Note from the Secretariat: response was not provided.]

 

Section 5: Prior use

31. If the exception is contained in statutory law, please provide the relevant provision(s):

Article 10 par 3 of Law No. 1733/1987.


32.-33.

[Note from the Secretariat: response was not provided.]


34. How does the applicable law define the scope of “use”? Does the applicable law provide for any quantitative or qualitative limitations on the application of the “use” by prior user? Please explain your answer by citing legal provision(s) and/or decision(s):

There is no definition nor any limitation.


35. Does the applicable law provide for a remuneration to be paid to the patentee for the exercise of the exception? Please explain:

No.


36. According to the applicable law, can a prior user license or assign his prior user’s right to a third party?

Yes.


37. In case of affirmative answer to question 36, does the applicable law establish conditions on such licensing or assignment for the continued application of the prior use exception?

Yes.

If yes, please explain what those conditions are:

The right can only be assigned together with the business entity, which exploits the invention.


38. Does this exception apply in situations where a third party has been using the patented invention or has made serious preparations for such use after the invalidation or refusal of the patent, but before the restoration or grant of the patent?

Yes.


39.-41.

[Note from the Secretariat: response was not provided.]

 

Section 6: Use of articles on foreign vessels, aircrafts and land vehicles

42. If the exception is contained in statutory law, please provide the relevant provision(s):

Article 10 par 2 b of Law No. 1733/1987.


43.-44.

[Note from the Secretariat: response was not provided.]


45. The exception applies in relation to:

Vessels;
Aircrafts;
Land Vehicles.


46. In determining the scope of the exception, does the applicable law apply such terms as ”temporarily” and/or “accidentally” or any other equivalent term in relation to the entry of foreign transportation means into the national territory? Please provide the definitions of those terms by citing legal provision(s) and/or decision(s):

The term “temporarily” is used. There is no definition of the term.


47. Does the applicable law provide for any restrictions on the use of the patented product on the body of the foreign vessels, aircrafts, land vehicles and spacecraft for the exception to apply (for example, the devices to be used exclusively for the needs of the vessel, aircraft, land vehicle and/or spacecraft)? Please explain your answer by citing legal provision(s) and/or decision(s):

The invention has to be built in the vessel, aircraft or vehicle.


48.-50.

[Note from the Secretariat: response was not provided.]

 

Section 7: Acts for obtaining regulatory approval from authorities

51. If the exception is contained in statutory law, please provide the relevant provision(s):

Article 11 par. 6 of Ministerial Decision DYC 3 (a) 83657/2006.


52.-53.

[Note from the Secretariat: response was not provided.]


54. Who is entitled to use the exception? Please explain:

Anyone performing studies and trials.


55. The exception covers the regulatory approval of:

Medicinal products.


56. Please indicate which acts are allowed in relation to the patented invention under the exception?

Studies and trials necessary for obtaining a marketing authorization.


57.-59.

[Note from the Secretariat: response was not provided.]

 

Section 8: Exhaustion of patent rights

60. Please indicate what type of exhaustion doctrine is applicable in your country in relation to patents:

National;
Regional: EU/EEA.

If the exception is contained in statutory law, please provide the relevant provision(s):

[Note from the Secretariat: response was not provided.]

If the exception is provided through case law, please cite the relevant decision(s) and provide its(their) brief summary:

[Note from the Secretariat: response was not provided.]


61.(a) What are the public policy objectives for adopting the exhaustion regime specified above? Please explain:

(b) Where possible, please explain with references to the legislative history, parliamentary debates and judicial decisions:

[Note from the Secretariat: response was not provided.]


62. Does the applicable law permit the patentee to introduce restrictions on importation or other distribution of the patented product by means of express notice on the product that can override the exhaustion doctrine adopted in the country?

No.

Please explain your answer by citing legal provision(s) and/or decision(s):

[Note from the Secretariat: response was not provided.]


63.-64.

[Note from the Secretariat: response was not provided.]

 

Section 9: Compulsory licensing and/or government use

Compulsory licenses

65. If the exception is contained in statutory law, please provide the relevant provision(s):

Articles 13 and 14 of Law No. 1733/1987.


66. If the exception is provided through case law, please cite the relevant decision(s) and provide its(their) brief summary:

[Note from the Secretariat: response was not provided.]


67. What grounds for the grant of a compulsory license does the applicable law provide in respect to patents (please indicate the applicable grounds):

Non-working or insufficient working of the patented invention;
Refusal to grant licenses on reasonable terms;
Public health;
National security;
Dependent patents.


68.(a) What are the public policy objectives for providing compulsory licenses in your country? Please explain:

(b) Where possible, please explain with references to the legislative history, parliamentary debates and judicial decisions:

[Note from the Secretariat: response was not provided.]


69. If the applicable law provides for the grant of compulsory licenses on the ground of “non-working” or “insufficient working”, please provide the definitions of those terms by citing legal provision(s) and/or decision(s):

Only “insufficient working” is defined as production insufficient to cover local demand.


70. Does the importation of a patented product or a product manufactured by a patented process constitute “working” of the patent? Please explain your answer by citing legal provision(s) and/or decision(s):

The law does not contain such a definition.


71. In case of the grant of compulsory licenses on the grounds of non-working or insufficient working, does the applicable law provide for a certain time period to be respected before a compulsory license can be requested?

Yes

If yes, what is the time period?

Four years from the filing date or three years from the grant of a patent.


72. In case of the grant of compulsory licenses on the grounds of non-working or insufficient working, does the applicable law provide that a compulsory license shall be refused if the patentee justifies his inaction by legitimate reasons?

Yes

If yes, what are “legitimate reasons”?

There is no definition in the applicable law.


73. If the applicable law provides for the grant of compulsory licenses on the ground of refusal by the patentee to grant licenses on “reasonable terms and conditions” and within a “reasonable period of time”, please provide the definitions given to those terms by citing legal provision(s) and/or decision(s):

There are no such requirements provided.


74. If the applicable law provides for the grant of compulsory licenses on the ground of anti-competitive practices, please indicate which anti-competitive practices relating to patents may lead to the grant of compulsory licenses by citing legal provision(s) and/or decision(s):

[Note from the Secretariat: response was not provided.]


75. If the applicable law provides for the grant of compulsory licenses on the ground of dependent patents, please indicate the conditions that dependent patents must meet for a compulsory license to be granted:

(1) The invention relates to the invention of the earlier patent;
(2) The exploitation of the invention is not possible without infringing the rights of the earlier patent;
(3) The invention constitutes a significant progress in comparison to the previous invention.


76. Does the applicable law provide a general policy to be followed in relation to the remuneration to be paid by the beneficiary of the compulsory license to the patentee? Please explain:

The amount of remuneration is determined by a court decision according to the extent of the industrial exploitation of the invention.


77. If the applicable law provides for the grant of compulsory licenses on the ground of “national emergency” or “circumstances of extreme urgency”, please explain how the applicable law defines those two concepts and their scope of application, and provide examples:

There is no definition.


78. Please indicate how many times and in which technological areas compulsory licenses have been issued in your country:

No non-contractual or compulsory license has been granted since the enactment of the new patent law in 1987.


79.-80.

[Note from the Secretariat: response was not provided.]


Government use

81. If the exception is contained in statutory law, please provide the relevant provision(s):

Article 14 of Law No. 1733/1987.


82. If the exception is provided through case law, please cite the relevant decision(s) and provide its(their) brief summary:

[Note from the Secretariat: response was not provided.]


83. What grounds for the grant of government use does the applicable law provide in respect to patents (please indicate the applicable grounds):

Public health;
National security.


84.-88.

[Note from the Secretariat: response was not provided.]

 

Section 10: Exceptions and limitations related to farmers' and/or breeders' use of patented inventions

89. If the exception is contained in statutory law, please provide the relevant provision(s):

Article 9 par. 1 of Presidential Decree 321/2001.
 

90.-91.

[Note from the Secretariat: response was not provided.]


92. Please explain the scope of the exception by citing legal provision(s) and/or decision(s) (for example, interpretation(s) of statutory provision(s) on activities allowed by users of the exception, limitations on their use, as well as other criteria, if any, applied in the determination of the scope of the exception):

Use of the harvested product is allowed for propagation of multiplication by a farmer for the purposes of pursuing his own agricultural activity.


93.-94.

[Note from the Secretariat: response was not provided.]


Breeders’ use of patented inventions

95. If the exception is contained in statutory law, please provide the relevant provision(s):

Article 9 par. 2 of Presidential Decree 321/2001.


96.-97.

[Note from the Secretariat: response was not provided.]


98. Please explain the scope of the exception by citing legal provision(s) and/or decision(s) (for example, interpretation(s) of statutory provision(s) on activities allowed by users of the exception, limitations on their use, as well as other criteria, if any, applied in the determination of the scope of the exception):

Use of breeding stock or protected animal reproductive material is allowed for propagation of multiplication by a farmer for the purposes of pursuing his own agricultural activity.


99.-100.

[Note from the Secretariat: response was not provided.]

 

Section 11: Other exceptions and limitations

101.-103.

[Note from the Secretariat: the applicable law of Greece does not provide exceptions related to other exceptions and limitations.]

 

[End of questionnaire]

October 2011