LAW 3966 (GG 118 A’, 24.05.2011) 
“Institutional framework of Model Pilot Schools, Establishment of 
an Institute of Educational Policy, Organisation of the Institute of 
Computer Technology and Publications ‘DIOFANTOS’ and other 
provisions”  
THE PRESIDENT OF THE HELLENIC REPUBLIC  
Hereby issues the following law that was adopted by the Hellenic 
Parliament:  
CHAPTER D’ 
MATTERS RELATING TO INDUSTRIAL PROPERTY  
Article 53 
Harmonisation of the national law with Directive 2004/48/EC of the 
European Parliament and of the Council of 29 April 2004 on the 
enforcement of 
intellectual property rights  
1. Paragraph 1 of article 17 of Hellenic Law 1733/1987 (published in 
Hellenic Government Gazette A’ 171) is replaced as follows: 
“1. In any case of an infringement or threatened infringement of a 
copyright, the holder of such copyright (rightholder) may request the 
lifting of the infringement and its omission in the future. The lifting of the 
infringement may include, on application by the rightholder, indicatively 
and not restrictively, (a) the recall of the goods that were found to be 
infringing a right provided for under the present law and, as in 
appropriate cases, materials principally used in the creation or 
manufacture of these goods from the channels of commerce, (b) the 
definitive removal of these goods and materials from the channels of 
commerce or (c) the destruction of these goods and materials in 
accordance with paragraph 5. In considering the application of the 
previous clause, the need for proportionality between the seriousness of 
the infringement and the remedies ordered, as well as the interests of 
third parties, shall be taken into account. The measures provided for 
under the second clause are carried out at the expense of the infringer, 
unless particular reasons are invoked for not doing so. The rightholder 
may also exercise the rights provided for under the first clause of the 
present paragraph against intermediaries whose services are used by a 
third party to infringe the rights provided for under the present law 
(articles 10 and 11 of Directive 2004/48/EC). For each act of omission 
contributing to an infringement, the court may impose a monetary 
penalty of up to ten thousand (10,000.00) Euros in favour of the 
rightholder, while in all other cases article 947 of the Hellenic Code of Civil 
Procedure shall apply. In establishing the infringement of the obligation 
not to act provided for under the preceding clause, the procedure 
provided for under articles 686 et seq. of the Hellenic Code of Civil Procedure is applied.” 
2. Articles 17A, 17B, 7C, 17D, 17E, 17F, and 17G are added after article 
17 of Hellenic Law 1733/1987 (published in Hellenic Government Gazette 
A’ 171) as follows:  
“Article 17A 
(Articles 6 and 8 of Directive 2004/48/EC) 
Evidence and right of information  
1. When a party has presented reasonably available evidence sufficient to 
support its claims of infringement or threat of infringement of the rights 
provided for under this law, and has, in substantiating those claims, 
specified evidence which lies in the control of the opposing party, the 
court may order, on application by the party, that such evidence be 
presented by the opposing party. The existence of a substantial number 
of copies, the other circumstances of the case having been considered, 
shall be considered to constitute reasonable evidence. If a party is 
summoned to produce the evidence provided for under the first clause 
and unjustifiably fails to produce such evidence, the claims of the party 
that sought the production or communication of such evidence shall be 
considered as confessed. 
2. Under the conditions provided for under the first clause of the previous 
paragraph, in the case of infringement committed on a commercial scale, 
the court may also order, on application by a party, the notification of 
banking, financial or commercial documents in the control of the opposing 
party. The existence of a substantial number of copies, the other 
circumstances of the case having been considered, shall be considered to 
constitute reasonable evidence of an infringement on a commercial scale. 
If a party is summoned to produce the documents provided for under the 
first clause and unjustifiably fails to produce such evidence, the claims of 
the party that sought the production or communication of such evidence 
shall be considered as confessed. 
3. In any case, the court shall ensure the protection of confidential 
information. 
4. In response to a justified request of the party, considered by the court 
as to its proportionality, which is filed with the action or and on its own 
within the context of a case concerning an infringement of rights provided 
for under the present law, the president of the multi-member court or the 
judge of the single-member court, trying pursuant to the proceedings 
provided for under articles 686 et seq. of the Hellenic Code of Civil 
Procedure, may, prior to the hearing of the case, order that information 
on the origin and distribution networks of the goods or services which 
infringe a right provided for under this law be provided by the infringer. 
The same may be ordered against any other person who (a) was found in 
possession of the infringing goods on a commercial scale, (b) was found 
to be using the infringing services on a commercial scale, (c) was found to 
be providing on a commercial scale services used in infringing a right or (d) was indicated by the person referred to in point (a), (b) or (c) as 
being involved in the production, manufacture or distribution of the goods 
or the provision of the services. Any party that unjustifiably violates an 
order of the court as provided for under the present paragraph shall be 
sentenced to pay, in addition to the legal costs, a monetary penalty of up 
to one hundred thousand (100,000.00) Euros, which shall be deposited in 
a public fund. 
5. The information referred to in paragraph 4 shall, as appropriate, 
comprise (a) the names and addresses of the producers, manufacturers, 
distributors, suppliers and other previous holders of the goods or services, 
as well as the intended wholesalers and retailers, (b) information on the 
quantities produced, manufactured, delivered, received or ordered, as 
well as the price obtained for the goods or services in question. 
6. Paragraphs 4 and 5 shall apply without prejudice to other provisions 
which (a) grant the rightholder rights to receive fuller information, (b) 
govern the use in civil or criminal proceedings of the information 
communicated pursuant to paragraphs 2 and 3 of this article, (c) govern 
responsibility for misuse of the right of information, or (d) afford an 
opportunity for refusing to provide information which would force the 
person referred to in paragraph 4 to admit to his/her own participation or 
that of his/her close relatives in an infringement of rights provided for 
under this law or (e) govern the protection of confidentiality of 
information sources or the processing of personal data. 
7. If the party responsible to provide information provides inaccurate 
information intentionally or with negligence, he/she is liable for damages 
that were caused for this reason.  
Article 17B 
(Articles 7 and 9 of Directive 2004/48/EC) 
Precautionary evidence and other injunction measures  
1. In case of alleged infringement of a right protected under this law, the 
Single-Member Court of First Instance shall order, as an injunction 
measure, the precautionary seizure of items in the possession of the 
alleged infringer that constitute means of commitment or product or 
evidence of the infringement. Instead of precautionary seizure, the court 
may order the detailed description of such items, including the taking of 
photographs. In cases provided for under the present paragraph, 
paragraph 1 of article 687 of the Hellenic Code of Civil Procedure shall be 
applied and, as appropriate, a provisional order shall be issued pursuant 
to paragraph 2 of article 691 of the Hellenic Code of Civil Procedure. 
2. The court may issue against the alleged infringer injunction measures 
intended to prevent any imminent infringement of the rights provided for 
under this law or to forbid, on a provisional basis and subject, where 
appropriate, to a penalty payment provided for under article 947 of the 
Hellenic Code of Civil Procedure the continuation of the infringement, for 
each infringement or continuation of the infringements of such rights. In ascertaining that the conditions for the activation of the obligation to pay 
a monetary penalty have been met, pursuant to the injunction measure 
ordered or the relative provision of paragraph 2 of article 691 of the 
Hellenic Code of Civil Procedure, the procedure provided for by articles 
686 et seq. of the Hellenic Code of Civil Procedure shall apply. The court 
may make such continuation subject to the lodging of guarantees 
intended to ensure the compensation of the rightholder. The court may 
also order the precautionary seizure or judicial sequestration of the goods 
suspected of infringing rights provided for under this law so as to prevent 
their entry into or movement within the channels of commerce. 
3. In the case of an infringement committed on a commercial scale, the 
court may order, as an injunction measure, the precautionary seizure of 
the property of the alleged infringer, including the blocking of his bank 
accounts. To that end, the court may order any holder of such relevant 
information to communicate bank, financial or commercial documents, or 
ensure appropriate access to the relevant information. 
4. The decision on the injunction measures referred to in paragraphs 2 
and 3 may, in appropriate cases, be taken without the defendant having 
been heard as provided for under paragraph 1 of article 687 of the 
Hellenic Code of Civil Procedure, in particular where any delay would 
cause irreparable harm to the rightholder. In that event, the decision or 
the order of the court is not notified to the defendant before or during its 
enforcement, it shall be notified on the first business day following the 
enforcement, otherwise, any relevant procedural acts shall be null and 
void. 
5. In the cases of paragraphs 1, 2 and 3, the court may make the 
measures subject to the lodging by the applicant of a security determined 
in the decision or provisional order or/and without a security and shall 
specify a time limit for the lodging of the action for the main case as 
provided for under paragraph 1 of article 693 of the Hellenic Code of Civil 
Procedure, which cannot exceed thirty (30) days. If no action is lodged 
within said time limit, the injunction measure shall be lifted ipso jure. 
6. The court shall order injunction measures or precautionary evidence 
without needing to specify the evidence proving the infringement or 
threat of infringement, only to determine such evidence on a category 
basis. 
7. In respect of paragraphs 1 to 6, the court shall have the authority to 
require the applicant to provide any reasonably available evidence in 
order to conclude, on the basis of sufficient information, that the applicant 
is the rightholder and that the applicant’s right is being infringed, or that 
such infringement is imminent. 
8. Where the injunction measures provided for under this article are 
revoked due to any act or omission by the applicant or where it is 
subsequently found that there has been no infringement or threat of 
infringement of the rights provided for under this law, the court may 
order the applicant, if he acted abusively, upon request of the defendant, 
to provide the defendant appropriate compensation for any injury caused by those measures. 
A 
rticle 17C 
(Article 12 of Directive 2004/48/EC) 
Alternative measures  
On application by the person liable to be subject to the measures 
provided for under articles 17A and 17B, the court may order pecuniary 
compensation to be paid to the injured party instead of applying the 
aforementioned measures if that person acted unintentionally or without 
negligence, if execution of the measures in question would cause him 
disproportionate harm and if pecuniary compensation to the injured party 
appears reasonably satisfactory.  
Article 17D 
(Articles 13, 14 and 15 of Directive 2004/48/EC) 
Damages, legal costs and publication of judicial decisions  
1. On application by the injured party, the court may order the infringer 
who knowingly, or with reasonable grounds to know, engaged in an 
infringing activity, to pay the rightholder damages appropriate to the 
actual prejudice suffered by him as a result of the infringement of his 
right. In setting the compensation the court (a) shall take into account all 
appropriate aspects, such as the negative economic consequences, 
including lost profits, which the injured party has suffered, any unfair 
profits made by the infringer and, in appropriate cases, elements other 
than economic factors, such as the moral prejudice caused to the 
rightholder by the infringement, or (b) as an alternative to clause (a), 
may, in appropriate cases, set the compensation as a lump sum on the 
basis of elements such as at least the amount of royalties or fees which 
would have been due if the infringer had requested authorisation to use 
the infringed right. 
2. In the cases provided for under the present law, the general legal costs 
and expenses shall mandatorily include any other relative expenditure 
reasonably incurred by the successful party, such as witness costs, 
attorney fees, fees of the experts and technical consultants of the parties 
and expenses for finding the infringers. In all other cases, the provisions 
set forth in articles 173 et seq. of the Hellenic Code of Civil Procedure 
shall apply. 
3.  The court, on application by the party, may allow it to publish all or 
part of the decision concerning rights protected under the present law in 
the media or on the internet at the expense of the unsuccessful party.  
Article 17E 
(Articles 17 and 19 of Directive 2004/48/EC) 
Codes of conduct and Exchange of information  1. The interested trade or professional associations develop codes of 
conduct aimed at contributing on a national, Community or international 
level towards the enforcement of the rights provided for under the 
present law. The codes of conduct and any evaluations of the application 
of these codes of conduct are submitted to the Commission of the 
European Union. 
2. The Industrial Property Organisation is designated the national 
correspondent for any question relating to the rights provided for under 
the present law.  
Article 17F 
(Article 4 of Directive 2004/48/EC) 
Persons entitled to apply for the application of measures  
The application of the measures provided for under paragraph 1 of article 
17 and articles 17A, 17B, 17C, 17D and 17E may also be sought by: 
(a) all other persons authorised to use those rights, in particular 
licensees, in accordance with the provisions in force. 
(b) professional defence bodies that are regularly recognised as having a 
right to represent holders of intellectual property rights, in accordance 
with the provisions in force.  
Article 17G 
Application on other industrial property rights  
Paragraph 1 of article 17 and articles 17A, 17B, 17C, 17D, 17E and 17F 
also apply to the protection of holders of an entitlement to a 
supplementary protection certificate for medicinal products and 
supplementary protection certificate for plant protection products, holders 
of statements of extension of the force of a supplementary protection 
certificate for paediatric medicines and holders of entitlements to plant 
varieties, designations of origin and geographical indications.” 
3. Paragraph 1 of article 17 of Hellenic Presidential Decree 45/1991 
(published in Hellenic Government Gazette A’ 24) is replaced as follows: 
“1. In any case of an infringement or threatened infringement of exclusive 
rights that emanate from a protected topography, the holder of such 
topography (rightholder) may request the lifting of the infringement and 
its omission in the future. The lifting of the infringement may include, on 
application by the rightholder, indicatively and not restrictively, (a) the 
recall of the goods that were found to be infringing a right provided for 
under the present decree and, as in appropriate cases, materials 
principally used in the creation or manufacture of these goods from the 
channels of commerce, (b) the definitive removal of these goods and 
materials from the channels of commerce or (c) the destruction of these 
goods and materials. In considering the application of the previous clause, 
the need for proportionality between the seriousness of the infringement 
and the remedies ordered, as well as the interests of third parties, shall 
be taken into account. The measures provided for under the second clause are carried out at the expense of the infringer, unless particular 
reasons are invoked for not doing so. The rightholder may also exercise 
the rights provided for under the first clause of the present paragraph 
against intermediaries whose services are used by a third party to infringe 
the rights provided for under the present law (articles 10 and 11 of 
Directive 2004/48/EC). For each act of omission contributing to an 
infringement, the court may impose a monetary penalty of up to ten 
thousand (10,000.00) Euros in favour of the rightholder, while in all other 
cases article 947 of the Hellenic Code of Civil Procedure shall apply. In 
establishing the infringement of the obligation not to act provided for 
under the preceding clause, the procedure provided for under articles 686 
et seq. of the Hellenic Code of Civil Procedure is applied.” 
4. Paragraph 3 of article 17 of Hellenic Presidential Decree 45/1991 
(published in Hellenic Government Gazette A’ 24) is replaced as follows: 
“The provisions set forth in paragraphs 3, 4, 5, 6 and 7 of article 17 of 
Hellenic Law 1733/1987, as well as those set forth in articles 17A to 17F 
of the same law, are accordingly applied.” 
5. Paragraph 1 of article 28 of Hellenic Presidential Decree 259/1997 
(published in Hellenic Government Gazette A’ 185) is replaced as follows: 
“1. In any case of an infringement or threatened infringement of a 
registered design or specimen, the holder of such design or specimen 
(rightholder) may request the lifting of the infringement and its omission 
in the future. The lifting of the infringement may include, on application 
by the rightholder, indicatively and not restrictively, (a) the recall of the 
goods that were found to be infringing a right provided for under the 
present law and, as in appropriate cases, materials principally used in the 
creation or manufacture of these goods from the channels of commerce, 
(b) the definitive removal of these goods and materials from the channels 
of commerce or (c) the destruction of these goods and materials. In 
considering the application of the previous clause, the need for 
proportionality between the seriousness of the infringement and the 
remedies ordered, as well as the interests of third parties, shall be taken 
into account. The measures provided for under the second clause are 
carried out at the expense of the infringer, unless particular reasons are 
invoked for not doing so. The rightholder may also exercise the rights 
provided for under the first clause of the present paragraph against 
intermediaries whose services are used by a third party to infringe the 
rights provided for under the present law (articles 10 and 11 of Directive 
2004/48/EC). For each act of omission contributing to an infringement, 
the court may impose a monetary penalty of up to ten thousand 
(10,000.00) Euros in favour of the rightholder, while in all other cases 
article 947 of the Hellenic Code of Civil Procedure shall apply. In 
establishing the infringement of the obligation not to act provided for 
under the preceding clause, the procedure provided for under articles 686 
et seq. of the Hellenic Code of Civil Procedure is applied.” 
6. Paragraph 2 of article 28 of Hellenic Presidential Decree 259/1997 
(published in Hellenic Government Gazette A’ 185) is replaced as follows: “The provisions set forth in paragraphs 2, 3, 4, 5, 6 and 7 of article 17 of 
Hellenic Law 1733/1987, as well as those set forth in articles 17A to 17F 
of the same law, are accordingly applied.” 
7. a) In cases pending at the time the present law enters into force, the 
procedural acts that have not been carried out are carried out in 
accordance with the provisions of that law. 
b) The duration of the deadlines that had begun prior to the entry into 
force of this law is estimated in accordance with the provisions set forth in 
that law only if the stipulated duration of those deadlines is greater than 
that provided for under the provisions that were in force.  
Article 61 
Entry into force  
1. Article 21 and paragraph 1 of article 60 shall enter into force on the 
date of start-up of the Industrial Property Organisation, which is 
determined pursuant to paragraph 33 of article 20. 
2. Sub-paragraph (h) of paragraph 2 of article 56 and paragraph 1 of 
article 59 shall enter into force on 1 September 2010. 
3. Paragraph 2 of article 60 shall enter into force from the date of 
winding-up of the Hellenic Organisation for the Publication of Text Books 
(ΟΕΔΒ), namely 31 December 2011, pursuant to paragraph 1 of article 
33. 
4. Paragraph 15 of article 59 and paragraph 3 of article 60 shall enter into 
force on 1 January 2011. 
5. All other provisions set forth in the present law shall enter into force on 
the date of its publication in the Hellenic Government Gazette, unless it is 
otherwise provided for in the distinct provisions thereof.  
I hereby order the publication of the present law in the Hellenic 
Government Gazette and its enforcement as a law of the State.