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Legislative Implementation of Flexibilities - Greece

Title:Articles 21 and 22 of the Law on "Technology transfer, inventions, and technological innovation" No. 1733/1987 (FEK 171, A' of 22/9/1987) as last amended by Law No. 2359 of 15/11/1995
Field of IP:Patents
Type of flexibility:Ex-officio IP office control of anti-competitive clauses in licensing agreements
Summary table:PDF

Provisions of Law

Article 21

Meaning - Nullity of terms of the contract

1. By the contract on technology transfer the supplier of technology is called upon to supply technology to the recipient of technology, and the recipient is called upon to pay the value agreed upon. In particular, the following are conceived within the meaning of this article as technology supply:

a. The licence for exploitation of patents and utility model certificates;

b. The assignment of patents and of utility model certificates;

c. The supplying of technical constructing instructions, drawings or services;

d. The supplying of organisational and management services, as well as of specialised consulting services or services for follow-up and control;

e. The disclosure of industrial secrets with drawings, diagrams, specimens, models, instructions, proportions, conditions, processes, prescriptions and methods of production of products referring to the productive exploitation. Such industrial secrets are mainly technical information, data or knowledge which relate to processes, expertise or skills, that have practical application particularly to the production of goods and the rendering of services, provided that they have not become widely known;

f. The joint research or development of new technology, demonstrative or experimental programs or works;

g. Providing technical assistance in the form of briefing, instruction, and formation of personnel.

2. The following terms shall be null and void:

a. Terms in patent licences that include dispositions which are contrary to those of article 3 of Regulation number 2349/1984 of the Commission of European Communities (Official Journal No. L 219/15) concerning the implementation of article 85 par. 3 of the EEC Convention, to classes of agreements relating to the licence for exploitation of patents;

b. Terms in contracts on technology transfer including ban of exportation. The Minister of Industry, Energy, and Technology may, by his decision, permit the conclusion of a contract containing a clause banning exportation, if this is imposed by serious reasons of economic development and public interest and provided that the ban is not contrary to international obligations of the country.

Article 22

Registration of the contract on technology transfer

1. The contract on technology transfer shall be submitted to O.B.I. by the contracting parties which have their domicile or seat in Greece, within one month from its conclusion and at the same time the dispositions of law No 1360/83 (Official Journal No. 65) apply.

2. The contract shall be registered in the register of technology transfer. The registered contracts on technology transfer or the information contained in the form provided in paragraph 5 of the present article shall be kept secret. Whoever shall violate the present disposition shall be punished according to article 17 of Law No 146/1914 on Unfair Competition.

3. Contracts with the following subject shall not be subject to the obligation of being registered:

a. Isolated use of foreign engineers and technicians for installation and repair of factories or machinery;

b. Advice, drawings or similar provisions usually accompanying machinery or equipment, provided that they do not entail any special surcharge for the one whom they are destined to;

c. Urgent technical assistance or repair, provided that they are carried out by reason of an earlier registered agreement.

d. Technical training given by educational organisations or enterprises to their personnel;

e. Defense systems.

4. The party responsible for registering the contract on technology transfer may either submit a copy of the contract or complete the special form in accordance with paragraph 5. Suit or petition to the Court which concerns any difference between the contracting parties and which relates to a contract on technology transfer cannot be discussed before the court without a written confirmation of O.B.I. indicating that the parties have complied with the requirements of this paragraph.

5. The process of compiling, drafting, and granting of the special form regarding contracts on technology transfer and the relevant prerequisites to be completed for statistical use are determined by decision of the Minister of Industry, Energy, and Technology.

6. The registration of the contract on technology transfer with O.B.I. may entail for the contracting party(-ies) submitting the agreement a deduction from the sum of the fees due to O.B.I.. The percentage of the deduction shall be determined by decision of the Administrative Council of O.B.I.

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