RESTRICTEDWORLD TRADE
ORGANIZATIONIP/Q4/GRC/1
17 August 1998
(98-3203)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION ON ENFORCEMENT
GREECE1
The present document reproduces the introductory statement of the delegation of Greece, the
questions put to it and the responses given in the re view of legislation on enforcement at the Council's
meeting of 17-21 November 1997.2
_______________
I. INTRODUCTORY STATEMENT
Copyright and related rights
The main law dedicated to copyright in Greece is Law No. 2121/1993 on copyright and related
rights (Official Journal A'25/1993) that came into force on 4 March 1993.  Greece ratified the TRIPS
Agreement by Law No. 2290/1995 (Official Journa l A'28/1995).  Greece notified the laws and
regulations in the area of copyright and related rights under Article 63.2 of the TRIPS Agreement.3
A special judicial system was recently created in order to enforce copyright and related rights
according to the provisions of Article 3, paragraph 26 of Law No. 2479/1997 (Official Journal A'67/6-
5-1997) notified by Greece under Article 63.2 of the TRIPS Agreement by a communication dated
23 May 1997.4
The following statutes are also applicable to the general question of implementation of the law:
- Greek Civil Code
- Greek Criminal Code
- Greek Code of Civil Procedure
- Greek Code of Criminal Procedure- Greek Competition Law
Administrative procedures are provided under the new Broadcast Law (Law No. 2328/1995
Official Journal A'159/3-8-1995).  According to this law any act of infringement by private television
stations of Law No. 2121/1993 entails the imposition of administrative sanctions of Article 4,paragraph l c) of the new Broadcast Law (fines, prov isional supervision of the operation of the station,
revocation of the licence).  Moreover, Article 1, paragraph 24 of the new Broadcast Law provides that
                                                     
1 As regards laws and regulations relevant to the area under review and notified by Greece under
Article 63.2 of the Agreement, reference is made to documents IP/N/GRC/E/1, IP/N/6/GRC/1,IP/N/6/GRC/1/Add. 1 and Add. 2
2 The minutes of this meeting have been circulated as IP/C/M/16.
3 This notification has been circulated in document IP/N/1/GRC/C/1, dated 29 April 1996.
4 This notification has been circulated in document IP/N/GRC/E/1, dated 3 July 1997.IP/Q4/GRC/1
Page 2
all private television channels must, prior to any broadcasting, submit to the Ministry of Press and
Mass Media a declaration of the author or the right holder of the respective collecting society stating
that the television channel has undertaken to pay the television rights for the  broadcasting of each
program.  The television channel instead of the declaration may deposit contract of television rights'
assignment.  In the case the television channel fails to comply within thirty days with this request it is
subject to all penalties of Article 4 of the new Broadcast Law.  These penalties are additional to andindependent from any other civil or penal liability of the television channel for any act of copyright
infringement.
II. REPLIES TO QUESTIONS POSED BY JAPAN
1. Please indicate the "competent authorities" stipulated in Article 51 of the TRIPS
Agreement.
Industrial Property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement5 in
reference to patents, utility models and registered topographies of semiconductor products.
Customs
There are ten customs districts, as mentioned in the Annex.
2. Please explain whether "proceedings leading to a decision on the merits of the case"
stipulated in Article 55 of the TRIPS Agreement, are judicial or administrative.
Industrial property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement5 in
reference to patents, utility models and registered topographies of semiconductor products.
Customs
These proceedings are judicial.
3. Are there any ways other than the application stipulated in Articles 51 and 52 of the
TRIPS Agreement (hereafter referred to as "the Application") which enable a right holder torequest the competent authorities to suspend the release of the goods which infringeintellectual property rights or which are suspected to infringe intellectual property rights?
Industrial Property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement5 in
reference to patents, utility models and registered topographies of semiconductor products.
Customs
Following the Community Regulation there are no other ways which enable a right holder to
request the competent authorities to suspend the release of the goods which infringe intellectual
property rights or which are suspected to infringe intellectual property rights.
                                                     
5 Document IP/N/6/GRC/1/Add. 1.IP/Q4/GRC/1
Page 3
4. Please explain what term your country regards as "a reasonable period within which
the competent authorities shall inform the applicant whether or not they have accepted theApplication" stipulated in Article 52 of the TRIPS Agreement.
Industrial Property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement6 in
reference to patents, utility models and registered topographies of semiconductor products.
Customs
Council Regulation No. 3295/94 does not provide for any precise period.  The maximum
period within which the competent authorities shall inform the applicant is three days.
5. Please explain the term during which the Application is effective.
Industrial Property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement6 in
reference to patents, utility models and registered topographies of semiconductor products.
Customs
The application is effective within a maximum period of three months and it is renewable.
6. Please explain whether a right holder is obliged to pay any fees to lodge the
Application.
Industrial Property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement6 in
reference to patents, utility models and registered topographies of semiconductor products.
Customs
The applicant has to pay a fee of Dr 10 000 (administrative cost) for each customs office of
the district.
7. Please indicate provisions of laws and ordinances which prescribe the "proceedings
leading to a decision on the merits of the case" stipulated in Article 55 of the TRIPSAgreement. And please summarize their contents.
Industrial Property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement6 in
reference to patents, utility models and registered topographies of semiconductor products.
Customs
The provisions of the Civil Code concerning damages are applied.
                                                     
6 Document IP/N/1/GRC/1/Add.1.IP/Q4/GRC/1
Page 4
8. Please explain the specific procedure, if any, to be applied to the goods which are not
evident whether or not they infringe intellectual property rights, in Article 55 of the TRIPSAgreement.
Industrial Property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement7 in
reference to patents, utility models and registered topographies of semiconductor products.
Customs
There is no specific procedure.  If the applicant has not initiated a proceeding on the merits in
the appropriate judicial forum within the period of ten days the goods will be released.
9. Please explain the responsibility that the competent authorities and other related
authorities take to the right holders when they fail to suspend the release into free circulationof goods which infringe intellectual property rights with regard to the suspension based on theApplication or the Ex Officio Action stipulated in Article 58 of the TRIPS Agreement.
Industrial Property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement7 in
reference to patents, utility models and registered topographies of semiconductor products.
Customs
The competent (customs) authorities do not take any responsibility to the right holders when
they fail to suspend the release into free circulation of goods which infringe intellectual property
rights.
10. Please explain the responsibility that the competent authorities and other related
authorities take to the right holders when they examine goods which infringe intellectualproperty rights and nevertheless release them into free circulation with regard to thesuspension based on the Application or the Ex Officio Action stipulated in Article 58 of theTRIPS Agreement.
Industrial Property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement7 in
reference to patents, utility models and registered topographies of semiconductor products.
Customs
Please see the answer to question 9 above.
11. Please explain the responsibility that the competent authorities and other related
authorities take to the importers when they suspend the release into free circulation of goodswhich do not infringe intellectual property rights with regard to the suspension based on theApplication or the Ex Officio Action stipulated in Article 58 of the TRIPS Agreement.
                                                     
7 Document IP/N/1/GRC/1/Add.1.IP/Q4/GRC/1
Page 5
Industrial Property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement8 in
reference to patents, utility models and registered topographies of semiconductor products.
Customs
Please see the answer to question 9 above.
12. Is the right holder informed of identities of the importers and consignors when the
competent authorities "suspend" the goods which infringe on intellectual property rights orwhich are suspected to infringe intellectual property rights, as well as the case where the rightholder is informed of identities of the importers and consignors stipulated in Article 57 of theTRIPS Agreement?
Industrial Property
Please see answer to question 15 the Checklist of Issues on Enforcement8 in reference to
patents, utility models and registered topographies of semiconductor products.
Customs
Yes, when he wants to initiate the proceedings leading to a decision on the merits.
13. Please explain the measures to protect confidential information in the course of the
inspection stipulated in Article 57 of the TRIPS Agreement.  And please indicate provisions oflaws and ordinances which prescribe such measures.
Industrial Property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement8 in
reference to patents, utility models and registered topographies of semiconductor products.
Customs
Without prejudice to the protection of commercial and fiscal secrets, the information
concerning the identities of the importers and consignors can be given (Law No. 1839/51).
14. Please explain the procedures of detentions and seizures to be ordered by the
competent authorities based on Articles 51 and 55 of the TRIPS Agreement.
Industrial Property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement8 in
reference to patents, utility models and registered topographies of semiconductor products.
                                                     
8 Document IP/N/6/GRC/1/Add.1.IP/Q4/GRC/1
Page 6
Customs
The national dispositions of the Customs Code concerning contraband (Article 111) are
applied.
15. Please explain the procedures to appeal against any decisions ordered by the competent
authorities based on Articles 51 and 55 of the TRIPS Agreement.
Industrial Property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement9 in
reference to patents, utility models and registered topographies of semiconductor products.
Customs
An appeal to the judicial authorities.
16. Please explain the basis for calculating the security or equivalent assurance stipulated
in Article 53 of the TRIPS Agreement that the competent authorities may require an applicantwhen they suspend the release into free circulation.
Industrial Property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement9 in
reference to patents, utility models and registered topographies of semiconductor products.
Customs
The competent authorities have the authority to require from the applicant to provide a
security or equivalent assurance sufficient to protect themselves (to ensure the payment of freight for
the maintenance of goods under customs control).
17. Please explain who shall pay the cost of detentions based on Article 51 of the TRIPS
Agreement or destruction stipulated in Article 59 of the TRIPS Agreement.
Industrial Property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement9 in
reference to patents, utility models and registered topographies of semiconductor products.
Customs
The right holder (generally the applicant) has to pay the cost of detention or destruction of
goods.
18. Please explain what kind of cases are regarded as "the exceptional circumstances" in
which the competent authorities may allow re-exportation of counterfeit trademark goodsstipulated in Article 59 of the TRIPS Agreement.
                                                     
9 Document IP/N/1/GRC/1/Add.1.IP/Q4/GRC/1
Page 7
Customs
According to EC Regulation No. 3295/94, which we apply, the re-exportation of counterfeit
or pirated goods does not result in the diminution of injury of the right holder
19. Please indicate which intellectual property rights are protected based on the
Application by a right holder.
Industrial Property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement10 in
reference to patents, utility models and registered topographies of semiconductor products.  The
release into free circulation of goods suspected of infringing an industrial design can be suspended by
the customs authorities pursuant to EC Regulation No. 3295/94 of 22 December 1994 as incorporated
in Greek legislation by circular letter No. T.10231/1781/A.0019 of 12 December 1995 of the Ministry
of Finance.
Customs
Under Regulation No.  3295/94 trademarks, copyright and related rights, designs and models
are protected.
20. Please explain kinds and contents of documents which shall be provided by the
applicant to lodge the Application.
Customs
The required documents are those mentioned in Article 3, paragraph 2 of Regulation No. 3295/94 and
Articles 2 and 3 of Regulation No. 1367/95.
21. Please explain the remedies which the judicial authorities orders regarding patents,
industrial designs, trademarks and layout-designs (topographies) of integrated circuits,including injunctions, damages, expenses, destruction or other disposal of infringing goods andmaterials/implements for their production.
11
Industrial Property
Please see Greece's answer to question 5 of the Checklist of Issues on Enforcement10 in
reference to patents, utility models and registered topographies of semiconductor products.  The same
remedies are available in case of infringement of an  industrial design (Article 28, paragraphs 1 and 2
of Presidential Decree No. 259/1997).
22. Please explain whether the amount of damages which judicial authorities order the
person who infringes intellectual property rights to pay the right holder is adequatecompensation for the injury the right holder has suffered, and what criteria and the way forcalculation to decide the amount for compensation. Does the expenses include appropriateattorney's fees?
11
                                                     
10 Document IP/N/1/GRC/1/Add.1.
11Reference is made to Greece's replies to the Checklist of Issues on Enforcement (document
IP/N/6/GRC/1)IP/Q4/GRC/1
Page 8
Copyright and related rights
Under Article 65, paragraph 2 of Greek Law No. 2121/1993, the author or the holder of
related rights is entitled to recover damages in an amount not less than twice the legally required or
normally payable remuneration for the form of exploitation which the infringing party has effected
without licence.  Instead of seeking damages the right holder may claim the profit the infringer madefrom the unauthorized use (Article 65, paragraph 3 of Greek Law No. 2121/1993).
Provisions of the Greek Civil Code are also applicable.  Article 914 provides:"A person who through his fault has caused in a manner contrary to the law prejudice to
another shall be liable to compensation".
Court costs and attorney's fees are separate issues.  Articles 173-193 of the Greek Code of
Civil Procedure contain specific provisions concerning court costs.  The costs of a proceeding vary
accordingly to the level of jurisdiction and the value in dispute.  The general rule is that the losing
party has to bear all trial costs (Article 176 of the Gr eek Code of Civil Procedure).  In cases of partial
success or loss, the costs are compensated between the parties (Article 178 of the Code of Civil
procedure).  Legal aid is provided for by Articl es 194-204 of the Code of Civil Procedure.  Its
availability depends on proven need.
The Code on Attorneys provides for the minimum level of fees depending on the amount of
civil litigation and the type of procedure involved.
Industrial property
Please see Greece's answer to question 5(b) of the Checklist of Issues on Enforcement12 in
reference to patents, utility models and registered topographies of semiconductor products.  The sameanswer applies to industrial designs.  It should be noted however, that design legislation (Presidential
Decree No. 259/1997) has recently been enacted (19 September 1997).  Thus, no decisions have been
reported yet.
23. Please explain in what circumstances may the provisional judiciary measures be
ordered inaudita altera parte . Please explain whether the Greek civil procedure is consistent
with Article 50 of the TRIPS Agreement.
13
Copyright and related rights
Provisional measures provided by Articles 682-738 of the Code of Civil Procedure have an
increasingly practical importance in Greece.  They are administered by the one-member district court.
They provide for the possibility of provisional relief on each claim under the condition of an urgent
need or in order to avoid an imminent danger (Article 682 of the Code of Civil Procedure).
Provisional measures may even be granted on an application without prior summoning of the alleged
infringer (Article 687, paragraph 1 of the Code of  Civil Procedure) and. allow the court to issue
immediately a provisional order upon the filing of the request (Article 691, paragraph 2 of the Code of
Civil Procedure).
                                                     
12  Document IP/N/6/GRC/1/Add. 1.
13 Reference is made to Greece's replies to the Checklist of Issues on Enforcement (document
IP/N/6/GRC/1).IP/Q4/GRC/1
Page 9
Moreover, according to the specific provisions of Article 64 of the Greek Law No. 2121/1993
combined with the abovementioned Articles 687, paragraph 1 and 692, paragraph 2 of the Code of
Civil Procedure.  Provisional measures inaudita altera parte  shall be ordered by the one-member
district court.
Industrial property
Please see Greece's answer to question 11 of the Checklist of Issues on Enforcement14 in
reference to patents, utility models and registered topographies of semiconductor products.  The same
answer applies to industrial designs.
Customs
The provisional judiciary measures may be ordered after a right holder's application to the
competent authority.
24. Please explain the criminal penalties including imprisonment and fines regarding
patents, industrial designs, trademarks and layout-designs (topographies) of integratedcircuits.
Industrial property
Please see Greece's answers to questions 21 and 24 of the Checklist of Issues on
Enforcement14 in reference to patents, utility models and registered topographies of semiconductor
products.  No criminal penalties are provided for the infringement of industrial designs.
III. REPLIES TO QUESTIONS POSED BY THE UNITED STATES
General obligations
1. Articles 41.1 and 42 of the TRIPS Agreement require that procedures be available for
the effective enforcement of the intellectual property rights covered by the Agreement.IP/N/6/GRC/1 provides appears to address primarily copyright law.  Please describe thestructure of the judicial and administrative
15 procedures in Greece in which parties can
enforce other forms of intellectual property rights included in Part II of the TRIPSAgreement, at local, provincial and national levels, indicating the jurisdiction of each type ofcourt or administrative body and explaining the interrelationships, if any, of the various typesof courts and administrative bodies.  Cite the laws or other authorities establishing thestructure, including each type of court and administrative body.
Industrial property
Please see Greece's answers to questions l and 9 of the Checklist of Issues on Enforcement14
in reference to patents, utility models and registered topographies of semiconductor products.  The
same answers apply to industrial designs.
                                                     
14 Document IP/N/6/GRC/1/Add. 1.
15 These questions apply to both judicial and administrative enforcement of intellectual property rights
because of Article 49 of the TRIPS Agreement.IP/Q4/GRC/1
Page 10
Trademarks
Please see Greece's answers to question 1 and 9 of the Checklist of Issues on Enforcement.16
2. Please describe briefly the procedure that must be followed by a foreign party to
initiate an enforcement procedure in each of the courts and administrative bodies identified in
response to question 1 and cite the legal authorities establishing those procedures.
Industrial property
Foreign parties are entitled to the same rights as nationals of Greece.  The procedure to be
followed by a foreign party in case of infringement of a patent, utility model, registered topography of
a semiconductor product or an industrial design, is the same as the one to be followed by a national ofGreece having standing to assert the relevant right.  Upon filing of an action for infringement or of a
petition for an injunction before the Secretary of the competent Court, a date is set for the trial.
Previous notice to the adverse party is a prerequisite (Article 229 of the Code of Civil Procedure).  For
a detailed description of the procedure provided regarding provisional measures please see Greece's
answer to question 12 of the Checklist of Issues on Enforcement.
16
Trademarks
Foreign parties are entitled to the same rights as nationals of Greece.  The procedure to be
followed by a foreign party in case of infringement  of a trademark is the same to be followed by a
national of Greece having standing to assert the relevant right.  Upon filing of an action for
infringement or a petition for an injunction before the Secretary of the competent Court , a date is set
for the trial.  Previous notice to the adverse party is a prerequisite (Article 229 of the Code of Civil
Procedure ). Regarding provisional measures please see Greece's answer to question 12 of the
Checklist of Issues on Enforcement.16
3. Please identify any requirement that a foreign party must meet to initiate a proceeding
in the courts and administrative bodies identified in answer to question 1 that is not requiredof a national or resident of Greece and cite the legal authorities providing for those
differences.
Industrial property
There are no extra requirements provided for foreign parties having standing to assert a right
on a patent, utility model, registered topography of a semiconductor product or an industrial design.
Trademarks
There are no extra requirements provided for foreign parties having standing to assert a right
on a trademark.
4. Articles 41.1 and 48 of the TRIPS Agreement require establishment of safeguards
against abuse of judicial and administrative enforcement procedures, including provision foradequate compensation for injury suffered because of such abuse.  Please describe the meansavailable under the law of Greece to prevent abuse of judicial and administrative proceduresor to remedy damages suffered as a result of such abuse and cite the legal authorities for thosemeans.
                                                     
16 Document IP/N/6/GRC/1/Add. 1.IP/Q4/GRC/1
Page 11
Copyright and related rights
The Greek Civil Code contains a wide scale of general clauses based on the principle of equity.
There are explicit provisions for the prohibition of the abuse of right.  Article 281 of the Greek Civil
Code provides that:
"The exercise of a right shall be prohibited if such exercise obviously exceeds the limits
imposed by good faith or morality or by the social or economic purpose of the right".
Moreover, under Article 914 of the Greek Civil Code:
"A person who through his fault has caused in a manner contrary to the law prejudice to
another shall be liable to compensation".
In addition, Article 57 of the Greek Civil Code grants a general action for the protection of personality
against any illegal infringement.
Industrial Property
Please see Greece's answer to question 7 of the Checklist of Issues on Enforcement17 in
reference to patents, utility models and registered topographies of semiconductor products.  The same
answer applies to industrial designs.
Trademarks
Please see Greece's answer to question 7 of the Checklist of Issues on Enforcement.17
5. Article 41.2 addresses, among other things, the cost of judicial and administrative
enforcement proceedings.  Please describe any fees charged by judicial or administrativeofficials for filing legal actions involving intellectual property or for pursuing such actions onceinitiated, cite the legal authorities for such fees, and provide copies of the documents used toinform the public of such fees.
Copyright and related rights
Articles 173-193 of the Greek Code of Civil Procedure contain specific provisions concerning
court costs.  The costs of a proceeding vary according to the level of jurisdiction and the value in
dispute.  The general rule is that the loosing party has to bear all trial costs (Article 176 of the Code of
Civil Procedure).  In case of partial success or loss, the costs are compensated between the parties(Article 178 of the Code of Civil Procedure).  Legal aid is provided for by Articles 194-204 of the
Code of Civil Procedure.  Its availability depends on proven need.  The Code on Attorneys provides
for the minimum level of fees depending on the amount of civil litigation and the type of procedure
involved.  (Please see Greece's answer to question 8 of the Checklist of Issues on Enforcement.
17
                                                     
17 Document IP/N/6/GRC/1/Add. 1.IP/Q4/GRC/1
Page 12
Industrial property
Please see Greece's answer to question 8 of the Checklist of Issues on Enforcement18 in
reference to patents, utility models and registered topographies of semiconductor products.  The same
answer applies to industrial designs.
Trademarks
Please see Greece's answer to question 8 of the Checklist of Issues on Enforcement.18
6. Article 41.2 also addresses the timeliness of judicial and administrative enforcement
proceedings.  Please cite to the legal authorities establishing any time limits for judicial andadministrative proceedings and, if it has not already been done, provide copies of the laws orregulations in question.
Copyright and related rights
Hearings before the court of first instance  are concluded in one session (Article 270,
paragraph 4 of the Code of Civil Procedure) unless the trial has to be continued in another day or there
are specific issues to be determined by preliminary decisions.
Industrial property
Please see Greece's answer to question 8 of the Checklist of Issues on Enforcement18 in
reference to patents, utility models and registered topographies of semiconductor products.  The same
answer applies to industrial designs.
Trademarks
Please see Greece's answer to question 8 of the Checklist of Issues on Enforcement.18
7. There have been reports of unwarranted delays in civil and criminal actions for the
enforcement of intellectual property rights in Greece.  Please explain any provisions in the
enforcement system that ensure expeditious remedies.  In addition, please explain whatprovisions are available to prevent deliberate delays by the parties to a proceeding and indicatethe circumstances in which such provisions will be applied.
Copyright and related rights
It depends on the procedure followed by the parties.  Provisional measures may be ordered
without delay according to Articles 682 et seq . of the Code of Civil Procedure.
Under Article 64 of Greek Law No. 2121/1993 on copyright and related matters if there is a
possibility that an infringement of copyright or related rights is occurring or may occur, the single-member court of the first can order as an interim measure the conservatory seizure of any item in the
possession of the defendant which is manifestly a means to the effecting of the infringement or a
product or evidence of the infringement.  Alternatively, the court can order the drawing up of an
inventory and the photographic record of these items.  In these cases the court is alleged to give a
provisional order pursuant to Articles 687, paragraph 1 and 691, paragraph 2 of the Code of Civil
                                                     
18 Document IP/N/6/GRC/1/Add. 1.IP/Q4/GRC/1
Page 13
Procedure until the hearing of the application in orde r to preserve the rights at risk.  A provisional
order is given in very short period.
Moreover, under Article 63, paragraph 1 of  Greek Law No. 2121/1993, where a potential
infringement of copyright is identified, such as where there is a clear intention to offer an unlawful
public performance of a theatrical or cinematographic or a musical work, the competent local policeauthority shall prohibit the infringing act when requested to do so by the author or right holder.  When
requested, the prosecuting authorities shall grant the police authority any necessary mandate.  The
same shall apply when the public presentation of a work has been in progress for more than two days
without payment of due remuneration.
This paragraph shall apply mutatis mutandis  to infringements of the related rights referred to in
Articles 46, 47 and 48 of Law No. 2121/1993.
The application of the flagrant procedure is also recommended according to the circulars of
the Public Prosecutor of the Supreme Court (C ircular 10/1365/15-4-97 concerning the criminal
protection of copyright).
Please see also Greece's answers concerning civil and administrative procedures and remedies
below.
Industrial property
Please see Greece's answer to question 8 of the Checklist of Issues on Enforcement19 in
reference to patents, utility models and registered topographies of semiconductor products.  The same
answer applies to industrial designs.
Trademarks
Please see Greece's answer to question 8 of the Checklist of Issues on Enforcement.19
8. Article 41.3 of the TRIPS Agreement requires that decisions on the merits of a case
preferably be in writing, the better to determine the reasoning on which the decision is based.Please state, with regard to each type of court and administrative body identified inquestion 1, whether judges or administrative officials must render their decisions in writingand cite the legal authorities requiring such written opinions.
Copyright and related rights
Decisions are always in writing and reasoned and they are available to parties or to any third
person without undue delay (Articles 300 et seqq.  of the Greek Code of Civil Procedure).  This is a
basic rule of the Greek judicial system (see also Article 559-19 of the Code of Civil Procedure
concerning proceedings on causation).
Industrial property and trademarks
Decisions of civil courts are always in writing and have to be reasoned pursuant to
Article 304 paragraph 1 of the Code of Civil Procedure.
                                                     
19 Document IP/N/6/GRC/1/Add. 1.IP/Q4/GRC/1
Page 14
9. Article 41.3 also requires that decisions on the merits of a case be based only on
evidence in respect of which parties had an opportunity to be heard.  Please state, with regardto each type of court and administrative body identified in question 1, what factors may beconsidered by a judge or administrative official in rendering a decision and cite the legalauthorities establishing the basis on which judges and administrative officials may reachdecisions.
Copyright and related rights
The law of evidence for civil proceedings is provided by Articles 335-465 of the Code of
Civil Procedure.  Only those facts contested by one party and relevant to the outcome of the litigation
make-up the subject-matter of proof (Article 335 of the Code of Civil Procedure).  The court takes
judicial notice of the general teachings of human experience as well as of facts practically known toeveryone (Article 336 of the Code of Civil Procedure).  Matters of proof are extensively regulated in
the Code of Civil Procedure in 130 articles (Articles 335-465).  Each party has to prove the facts
which are necessarily required to support his claim (Article 338 of the Code of Civil Procedure).
Under Article 339 of the Code of Civil Procedure there are eight means of proof: confession, direct
proof, expert reports, testimony, examination of parties, party-oath, documentary evidence andpresumptions.
Industrial property and trademarks
Decisions of civil courts are based on evidence pr ovided to the Court by the parties before the
initiation of the trial as well as on evidence produced during the trial pursuant to Article 270,
paragraph 6 of the Code of Civil Procedure.  When rendering a decision, the Court is free to assess
any evidence produced and to decide the truth of claims (Article 340 of the Code of Civil Procedure).
10. Article 41.4 obligates WTO Members to provide for judicial review of certain judicial
and administrative decisions in intellectual property enforcement proceedings.  Please describe
what legal limitations, if any, are placed upon the ability of a party to an intellectual propertyenforcement proceeding to have both procedural rulings and final decisions reviewed by aseparate judicial authority, and cite the legal authorities providing for such reviews.
Copyright and related rights
It is a general rule in Greek law that a party to litigation aggrieved by a judicial decision seeks
to have the case reconsidered (Articles 495-590 of the Code of Civil Procedure).  The same rule is
available for criminal procedure (Articles 486-530 of the Code of Criminal Procedure).
Industrial property
As mentioned in Greece's answer to question 9 of the Checklist of Issues on Enforcement,20
infringement of a patent or a utility model or a registered topography or an industrial design is a
matter to be decided only by judicial authorities.  Thus, administrative decisions cannot be issued,
Trademarks
Infringements of a trademark is a matter to be decided only by judicial authorities.  Thus,
administrative decisions cannot be issued.
                                                     
20 Document IP/N/6/GRC/1/Add. 1.IP/Q4/GRC/1
Page 15
Civil and administrative procedures and remedies
11. Article 42 requires that defendants be notified of judicial and administrative
intellectual property enforcement proceedings brought against them.  Please describe theprocedures followed by each type of court and administrative body identified in question 1 fornotifying defending parties regarding proceedings that have been initiated against them,indicate the information provided regarding the proceeding and cite the legal authoritiesestablishing these procedures.
Copyright and related rights
A copy of a civil action is served to the defendant on plaintiff's initiative (Article 229 of the
Code of Civil Procedure).  As it concerns provisional measures, the petition must be notified to the
adverse party within a certain period determined by the judge (Article 686 of the Code of Civil
Procedure).
Industrial property and trademarks
As mentioned in answer to question 2 above, notice to the adverse party of a filed law suit or
of a petition for an injunction is a prerequisite for the case to be heard by the Court (Articles 229 and
686 of the Code of Civil Procedure), the only exception being, in the case of provisional measures
ordered inaudita altera parte .  The plaintiff or the petitioner is responsible for serving a copy of the
law suit or of the petition for an injunction to the adverse party.
12. Article 42 also requires that parties to intellectual property enforcement proceedings
must be able to be represented by counsel and must not be subject to overly burdensomerequirements to appear personally.  Please describe any limitations under Greece’s laws on theability of a party in such a proceeding to be represented by independent legal counsel and anyrequirements imposed on the party to appear personally in a proceeding.  Please cite the legalauthorities providing such limitations and imposing such requirements.
Copyright and related rights
Please see Greece's answer to question 2 of the Checklist of Issues on Enforcement.21
Industrial property
Please see Greece's answer to question 2 of the Checklist of Issues on Enforcement21 in
reference to patents, utility models and registered topographies of semiconductor products.  The same
answer applies to industrial designs.
Trademarks
Please see Greece's answer to question 2 of the Checklist of Issues on Enforcement.21  The
same applies to trademarks.
13. Under Article 42, parties are to be entitled to substantiate claims and present relevant
evidence.  Please describe any limitations under the law of Greece on a party’s ability to
substantiate a claim or to present relevant evidence and cite the legal authority providing suchlimitations.
                                                     
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Copyright and related rights
According to Greek law each party has to support his claim (Article 338 of the Code of Civil
Procedure).
Industrial property and trademarks.
No limitations exist to the substantiation of claims.  The presentation of evidence is subject to
the rules of evidence provided in Articles 335-465 of the Code of Civil Procedure.
14. Article 42 requires, with one narrow exception, that there be a means to identify and
protect confidential information during judicial and administrative intellectual propertyenforcement proceedings.  Please describe the means provided under the law of Greece forparties to identify and have protected confidential information required to be presented inorder to prove their claims and cite the legal authorities providing for such identification andprotection.
Industrial property
Please see Greece's answer to question 4 of the Checklist of Issues on Enforcement22 in
reference to patents, utility models and registered topographies of semiconductor products.  The same
answer applies to industrial designs.
Trademarks
Please see Greece's answer to question 4 of the Checklist of Issues on Enforcement.22
15. Article 43.1 of the TRIPS Agreement requires that judicial and administrative officials
be able to order a party to an intellectual property enforcement proceeding to producerelevant evidence in that party’s control identified by the opposing party when the latter partyhas presented reasonably available evidence in support of its claims.  Please describe how andin what circumstances judges and administrative officials may order production of relevantevidence in intellectual property enforcement proceedings and cite the legal authoritiesproviding for such orders.
Copyright and related rights
Rules concerning the production of evidence are provided in Articles 335-465 of the Code of
Civil Procedure.  The examination of documents within the control of the defendant may also be
allowed when criminal procedures are pending.
Industrial property
Please see Greece's answer to question 3 of the Checklist of Issues on Enforcement22 in
reference to patents, utility models and registered topographies of semiconductor products.  The same
answer applies to industrial designs.
                                                     
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Trademarks
Please see Greece's answer to question 3 of the Checklist of Issues on Enforcement.23
16. It has been reported that it is not possible in Greece for a right holder to obtain
through such judicial or administrative order certain business records indicating the scope of acopyright pirate’s profits, necessary to substantiate the right holder’s claims with respect todamages.  Please state whether that is the case and, if so, explain the manner in which Greeklaw conforms to the obligations of Article 43.1 of the TRIPS Agreement.
Copyright and related rights
A person who by intent or negligence infringes copyright or a related right of another person
shall be liable for the payment of damages of not less than twice the legally required or normallypayable remuneration for the form of exploitation which the infringing party has affected without
licence (Article 65, paragraph 2 of Greek Law No. 2121/1993).
17. Information ordered to be produced, referred to in question 15, must be protected if it
is confidential.  Please describe the means provided under the law of Greece for protectingsuch information and cite the legal authority providing for such protection, if those meansdiffer from those described in answer to question 14.
Industrial property
Please see Greece's answer to question 4 of the Checklist of Issues on Enforcement23 in
reference to patents, utility models and registered topographies of semiconductor products.  The sameanswer applies to industrial designs.
Trademarks
Please see Greece's answer to question 4 of the Checklist of Issues on Enforcement.23
18. Article 43.2 provides that, in the event a party refuses to provide information ordered
by the judicial or administrative officials, those officials may be authorized to makepreliminary and final determinations adverse to that party.  Please describe what sanctionsmay be imposed on a party that refused to provide ordered information and under whatcircumstances those sanctions are imposed, citing the legal authority for those sanctions.
Copyright and related rights
Articles 904-1054 of the Code of Civil Procedure include methods and means of enforcement
of judgments.  Obligations based on the law, on juridicial acts, or on court decisions, which, according
to the provisions of substantive law, consist of the declaration of will - are enforced by execution.
Industrial property
Please see Greece's answer to question 3 of the Checklist of Issues on Enforcement23 in
reference to patents, utility models and registered topographies of semiconductor products.  The same
answer applies to industrial designs.
                                                     
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Trademarks
Please see Greece's answer to question 3 of the Checklist of Issues on Enforcement.24
19. Article 44.1 requires that judicial and administrative officials be able to enjoin or
otherwise prevent infringing activity by a party, including by preventing the entry ofinfringing goods into the channels of commerce in their jurisdiction.  Please describe authorityof the judges and administrative officials identified in question 1 to order parties to stopinfringements and to prevent infringing goods from entering the channels of commerce in theirjurisdiction immediately after clearance of such goods through customs.  In addition, pleasecite the legal authorities authorizing such actions.
Copyright and related rights
Under Article 3, paragraph 1(h) of Greek Law No. 2121/1993 the author has the right to
prohibit the import of copies of the work produced abroad without the creator's consent.  Producers of
sound or visual or sound and visual recordings shall also have the right to prohibit the import ofrecordings produced in a foreign country without their consent.
Industrial property
Please see Greece's answer to question 5 (a) and (c) of the Checklist of Issues on
Enforcement24 in reference to patents, utility models and registered topographies of semiconductor
products.  The same answer applies to industrial designs (Article 28, paragraphs 1 and 2 ofPresidential Decree No. 259/1997).
Trademarks
Please see Greece's answer to question 5 of the Checklist of Issues on Enforcement.24
20. Article 44.2 provides an exception to the requirement in paragraph 1 for government
use or use by third parties authorized by the government, limiting the remedy forinfringement to payment of adequate remuneration as provided in Article 31(h).  Pleasedescribe any such limitations on remedies in the laws of Greece and cite the legal authoritiesproviding for those limitations.
Industrial property
The payment of remuneration to the patent holder is the only remedy available in case of use
of an invention by the government without the authorization of the right holder (Article 14 of Law
No. 1733/1987).
21. Article 45.1 requires that judicial and administrative officials be able to order an
infringer to pay the right holder damages adequate to compensate for the injury caused by theinfringement.  Please describe the authority of the judges and administrative officialsidentified in question 1 to order a party found to be infringing to pay the right holder damagesadequate to compensate for the injury caused by the infringement.  Please explain the factorsconsidered in establishing the amount of the compensation and cite the legal authoritiesauthorizing such compensation orders.
                                                     
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Copyright and related rights
Greek law is very progressive on damages.  Under Article 65, paragraph 2 of Greek Law
No. 2121/1993, the author or the right holder of the related rights are entitled to recover damages in
an amount not less than twice the legally required or normally payable remuneration for the forms of
exploitation which the infringing party has effected without licence.  Instead of seeking damages theright holder may claim the profit the infringer made from the an unauthorized use (Article 65,
paragraph 3 of Greek Law No. 2121/1993)
For each act of omission contributing to an infringement, the court may impose a fine of from
Dr 300 000 to Dr 1 000 000 payable to the author or to the right holder of the related rights
(Article 65, paragraph 4 of Greek Law No. 2121/1993).
Industrial property
Please see answer to question 5 point (b) of the Checklist of Issues on Enforcement25 in
reference to patents, utility models and registered topographies of semiconductor products.  The same
answer applies to industrial designs (Article 28, paragraph 2 of Presidential Decree No. 259/1997).  Itshould be noted however, that design legislation (Presidential Decree No. 259/1997) has recently been
enacted (19 September 1997).  Thus, no decisions have been reported yet.
Trademarks
Please see Greece's answer to question 5 of the Checklist of Issues on Enforcement.25
22. Article 45.2 requires that judges and administrative officials be authorized to order
payment of a right holder's expenses, including legal fees.  Please describe the authority of thejudges and administrative officials identified in question 1 to order payment of right holders’
expenses, the circumstances under which such an order will be given, the factors considered in
establishing the expenses, and cite the legal authorities authorizing such payments.
Copyright and related rights
Judicial authorities are entitled to order the infringer to pay the right holder's expenses, which
may include attorney's fees. (Please see the answer to question 5).
Industrial property
Please see Greece's answer to question 5 (b) of the Checklist of Issues on Enforcement25 in
reference to patents, utility models and registered topographies of semiconductor products.  The same
answer applies to industrial designs.
Trademarks
Please see Greece's answer to question 5 of the Checklist of Issues on Enforcement.25
23. Article 46 requires that judges and administrative officials be authorized to order, in
certain circumstances, other remedies, including disposal of goods outside commercialchannels or destruction of goods and destruction of materials and implements the predominantuse of which is the creation of infringing goods.  Please describe the additional remedies
                                                     
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available under the laws of Greece, the circumstances in which such authority will be
exercised, the factors considered in determining the nature of the remedies provided, and citethe legal authorities providing for such remedies.
Copyright and related rights
Provisional measures shall be ordered according to the provisions of Articles 682-738 of the
Code of Civil Procedure.  Moreover, under Articl e 64 of Greek Law No. 2121/1993 if there is a
possibility that an infringement of copyright or related rights is occurring or may occur, the single-
member court of the first instance can order the conservatory seizure of any item in the possession of
the defendant which is manifestly a means to the effecting of the infringement or a product orevidence of the infringement.  Alternatively, the court can order the drawing up of an inventory and
the photographic record of these items.  Destruction of materials can be ordered by judicial
authorities.
Industrial property
Please see Greece's answer to question 5 point (c) of the Checklist of Issues on Enforcement26
in reference to patents, utility models and registered topographies of semiconductor products.  The
same answer applies to industrial designs (Art icle 28, paragraph 2 of Presidential Decree No.
259/1997).
Trademarks
Please see Greece's answer to question 5 of the Checklist of Issues on Enforcement.26
24. Article 47 provides that WTO Members may authorize judges and administrative
officials to order infringers to identify for right holders third parties involved in theproduction and distribution of infringing goods or services and their channels of distribution.Please describe any authority judges and administrative officials have under the laws ofGreece to order infringers to identify for right holders third parties involved in the productionand distribution of infringing goods or services and their channels of distribution and describethe circumstances in which this authority would be exercised.  Please cite the legal authoritiesproviding for such remedies.
Copyright and related rights
In Greece judicial authorities have this power provided by procedural rules, in particular by
Code of Penal Procedure (Articles 251-304 of the Code of Penal Procedure).
Industrial property
Please see Greece's answer to question 6 of the Checklist of Issues on Enforcement26 in
reference to patents, utility models and registered topographies of semiconductor products.  The same
answer applies to industrial designs.
Trademarks
Please see Greece's answer to question 6 of the Checklist of Issues on Enforcement.26
                                                     
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25. Article 48.2 permits WTO Members to exempt public authorities and officials from
liability from remedies only where their actions were taken or intended in good faith incarrying out their responsibilities under the law.  Please explain any exemption providedpublic authorities and officials from liability for abuse of enforcement procedures, describe thecircumstances in which such limitations would not apply, and cite the legal authoritiesgranting such exemptions.
Copyright and related rights
It is noted that this question expresses the me ntality of the American legal system.  The Greek
Civil Code follows as a rule the principle of liability for compensation in all cases that a person
unlawfully causes damages to another.  As an exception the Civil Code raises the element of
unlawfulness in the cases of defence (Article 284) and private justice (Article 282).
Industrial property
Please see Greece's answer to question 7 of the Checklist of Issues on Enforcement27 in
reference to patents, utility models and registered topographies of semiconductor products.  The same
answer applies to industrial designs.
Trademarks
Please see Greece's answer to question 7 of the Checklist of Issues on Enforcement.27
Provisional measures
26. Articles 50.1 and 50.8 require that judicial and administrative authorities have the
authority to order prompt and effective provisional remedies to prevent an infringement ofany intellectual property right.  With respect to each intellectual property right identified inArticle 1.2 of the TRIPS Agreement, please identify the provisional measures available toprotect intellectual property rights.  Please cite the relevant legal authority establishing thoseprovisional remedies.
Copyright and related rights
Provisional measures are ordered under the provisions of the Code of Civil Procedure
(Articles 682 -738) and the specific provisions of Greek Law No. 2121/1993.
In all cases of infringement the right holder is entitled to demand recognition of his right,
suppression of the infringement and omission of the infringement in the future (Article 65,
paragraph 1 of Law No. 2121/1993).  For each act of  omission contributing to an infringement, the
court may impose a fine of from Dr 300 000 to Dr 1 000 000.
Moreover Article 63 of Greek Law No. 2121/1993 provides measures stopping an
infringement of copyright or related rights.
                                                     
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Industrial property
Please see Greece's answer to question 10 of the Checklist of Issues on Enforcement28 in
reference to patents, utility models and registered topographies of semiconductor products.  The same
answer applies to industrial designs (Article 28, paragraphs 1 and 2 of Presidential Decree
No. 259/1997).
Trademarks
Please see Greece's answer to question 10 of the Checklist of Issues on Enforcement.28
27. Articles 50.1 and 50.8 require that judicial and administrative authorities have the
authority to order prompt and effective provisional remedies to preserve relevant evidence inregard to an alleged infringement.  Please identify the provisional measures available topreserve relevant evidence in regard to an alleged infringement.  Please cite the relevant legalauthority establishing those provisional remedies.
Copyright and related rights
Provisional measures available to preserve relevant evidence in regard of an alleged
infringement are provided by Greek Law No. 2121/1993 and by the Code of Civil Procedure.
According to the above mentioned Article 64 of Greek Law No. 2121/1993 the single member court
shall order the conservatory seizure of any item in the possession of the defendant.  Instead of
conservatory seizure, the court may order that a detailed inventory and photographic record be made
of the items.
Conservatory seizure can be ordered according to Articles 707-724 of the Code of Civil
Procedure.  Custody is another conservatory m easure provided by Articles 725-727 of the Code of
Civil Procedure.  Provisional measures are ordered by judicial authorities (one-member district court).
Please see also the answers to questions 28 and 30.
Industrial property
The possibility to seize or take under custody of the Court of relevant evidence pertinent to an
alleged infringement exists in reference to patents, utility models, registered topographies of
semiconductor products and industrial designs (Article 17, paragraph 5 of Law No. 1733/1987,
Article 19, paragraph 6 of Law No. 1733/1987, Artic le 17, paragraph 3 of Presidential Decree
No. 45/1991, Article 28, paragraph 2 of Presidential Decree No. 259/1997, Articles 707-724 and 725-
727 of the Code of Civil Procedure).
Trademarks
The possibility to seize or take under custody of the Court of relevant evidence pertinent to an
alleged infringement exists in reference to trademarks (Article 27 of Law No. 2239/1994).  See also
Greece's answer to question 10 of the Checklist of Issues on Enforcement.28
28. Articles 50.2 and 50.8 require Members to authorize judicial and administrative
authorities to adopt provisional measures inaudita altera parte .  With respect to each
intellectual property right identified in Article 1.2 of the TRIPS Agreement, please describebriefly the circumstances in which the judicial and administrative authorities are empowered
                                                     
28 Document IP/N/6/GRC/1/Add. 1.IP/Q4/GRC/1
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to adopt provisional measures inaudita altera parte .  Please cite the relevant legal authority
granting authorities this power.
Copyright and related rights
According to Article 64 of Greek Law No. 2121/1993 combined with Articles 687,
paragraph 1 and 691, paragraph 2 of the Code of Civil Procedure provisional measures inaudita altera
parte  can be ordered under the conditions prescribed in the above mentioned Article 64 of Greek Law
No. 2121/1993.  They are administered by the one-member district court.
Industrial property
Please see Greece's answer to question 11 of the Checklist of Issues on Enforcement29 in
reference to patents, utility models and registered topographies of semiconductor products.  The same
answer applies to industrial designs.
Trademarks
Please see Greece's answer to question 11 of the Checklist of Issues on Enforcement.29
29. Articles 50.2 and 50.8 require that judicial authorities and administrative bodies be
authorized to grant provisional remedies when a delay is likely to cause "irreparable harm" tothe right holder.  Please describe briefly what is required by the authorities identified inanswers to questions 25, 26 and 27 to establish "irreparable harm" to the right holder.
Copyright and related rights
Provisional measures are ordered under the condition of urgent need in order to avoid an
imminent danger (Article 682, paragraph 1 of the Code of Civil Procedure).
Industrial property and trademarks
According to the Greek Code of Civil Proc edure (Article 687, paragraph 1) the extreme
urgency of a situation or the existence of an imminent danger to be avoided, is a prerequisite for a
provisional measure to be ordered inaudita altera parte , to be decided on a case by case basis.  Should
notice to the adverse party prevent the execution of the provisional measure requested, the Court
would find the situation to be extremely urgent.  An imminent danger would be found present, if
notice to the adverse party would prevent the petitioner from securing the execution of a provisional
measure (e.g. if seized infringing goods were to be hidden or sold by the adverse party).
30. Articles 50.2 and 50.8 also require that judicial authorities and administrative bodies
be authorized to grant provisional remedies when there is a "demonstrable risk of evidencebeing destroyed".  Please describe briefly what factors are considered by the competentauthorities in determining when there is a "demonstrable risk of evidence being destroyed".
Copyright and related rights
According to Article 64 of Greek Law No. 2121/1993, where there is reason to believe that an
infringement of copyright or of the related rights referred to in Articles 46 to 48 and 51 of the present
law is occurring or may occur, a single-member court of first instance shall order, as a cautionary
                                                     
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measure, the conservatory seizure of any item in the possession of the defendant which is manifestly a
means to the effecting of the infringement, or a product of or evidence of the infringement.  Instead of
conservatory seizure, the court may order that a detailed inventory and photographic record to be
made of items.  Each of the aforementioned actions shall be effected in accordance with Articles 687,
paragraph 1 of the Code of Civil Procedure and a provisional order shall be obligatorily issued
pursuant to Article 691, paragraph 2 of the Code of Civil Procedure.
Provisional measures provided by Articles 682-738 of the Code of Civil Procedure are very
important.  As a rule, they are administered by the one-member district court.  Their scope is broad
and they provide for the possibility of provisional relief on each claim under the condition of an
urgent need or. in order to avoid an imminent  danger, as risk of evidence being destroyed.
Provisional remedies may be granted on an application ex parte  (Article 687 of the Code of
Civil Procedure) and allow the court to issue immediately a provisional order upon the filing of the
request (Article 691 of the Code of Civil Procedure).
They are generally available: whereas there is an urgent case and a substantive right needing
provisional protection.  These requirements need only to be shown as probable.
In Greece provisional relief has been enjoying increasing practical importance.
Industrial property and trademarks
Please see the answer to question 29 above.
31. Articles 50.1, 50.2, and 50.8 require that competent authorities be authorized to order
prompt and effective measures to prevent an infringement of any intellectual property rightand to preserve relevant evidence in regard to the alleged infringement.  Is the authority to
order prompt and effective remedies enforced without discrimination based on the nationality
of the right holder.  If not, please identify the differences pertaining to foreign parties seekingprovisional remedies and cite accompanying legal authority.
Copyright and related rights
 Foreign parties share the same rights as nationals of Greece.  Thus, no discrimination is being
exercised in the award of justice.
Industrial property and trademarks
As mentioned in the answer to question 2 above.
32. Articles 50.3 and 50.8 require that judicial and administrative authorities be
authorized to require applicant to provide evidence to establish with a sufficient degree ofcertainty that the applicant is the right holder and that infringement has occurred or isimminent.  With respect to each intellectual property right defined in Article 1.2 of the TRIPSAgreement, please describe the evidence required by right holders to establish ownership.
Copyright and related rights
According to Greek copyright law both individual copyright owners or right holders of related
rights and collecting societies are allowed to initiate judicial procedures.IP/Q4/GRC/1
Page 25
Greek Law No. 2121/1993 is favorable towards the copyright owners in relation to the
evidence required to prove their ownership over the work.  Article 10 introduces a presumption
providing that the person whose name appears on a copy of a work in the manner usually used to
indicate authorship shall be presumed to be the author of that work, In the cases of computer
programs and audiovisual works, the natural or legal person whose name or title appears on a copy of
the work in the manner usually used to indicate the right holder is presumed to be the right holder ofthe copyright.
Collecting societies established exclusively to engage in the functions of administering or/and
protecting the economic right (Articles 54 to 58 of La w No. 2121/1993) are entitled to initiate judicial
or extrajudicial action in their own name and to exercise in full legitimacy all rights transferred to
them or for which they hold power of attorney.  Greek law introduces a presumption providing that a
collecting society is entitled to have the competence for the administration and/or protection of theright in respect of all the works or in respect of all the right holders concerning which or whom a
declaration of transfer to the society has been effected in writing or for which it has been granted
power of attorney (Article 55, paragraph 2 of Law N o. 2121/1993).  It is to be noted that in Greece a
collecting society can be established exclusively to engage in the exclusive functions of protecting the
economic rights of a right holder (Articles 54-58 of Greek Law No. 2121/1993).  The  operation ofsuch a collecting society is approved by the Ministry of Culture for the protection of producers of
audiovisual works.
Industrial property and trademarks
The Court may require any evidence related to  the proof of ownership of a right holder.
33. Articles 50.3 and 50.8 require that judicial and administrative authorities be
authorized to provide a security or equivalent assurance to protect the defendant.  Withrespect to each intellectual property right identified in Article 1.2 of the TRIPS Agreement,
please cite the legal authority establishing a security or equivalent assurance.
Copyright and related rights
Greek Code of Civil Procedure contains specific provisions concerning judicial security
issued by the judge (Articles 704-705, 162-168 of the Code of Civil Procedure).
Industrial property
Please see Greece's answer to question 12 of the Checklist of Issues on Enforcement30 in
reference to patents, utility models and registered topographies of semiconductor products.  The same
answer applies to industrial designs.
Trademarks
Please see Greece's answer to question 12 of the Checklist of Issues on Enforcement.30
34. Article 50.4 requires that parties be notified when provisional measures have been
adopted inaudita altera parte .  Please describe briefly the procedures followed by each
authority able to adopt such measures for notifying affected parties and state the time withinwhich such notice must take place.
                                                     
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Notice to the adverse party of the decision granting a provisional measure is not a prerequisite
for the decision to be executed.  However, in the case of a decision ordering the adverse party to take
or omit or tolerate a specific action, notice should take place before any execution of the decision,
which cannot be enforced unless 24 hours have lapsed (Article 700, paragraph 2 of the Code of Civil
Procedure).
35. Article 50.4 also requires that defendants be afforded a review process to determine
whether provisional measures should be modified, confirmed, or revoked.  Please describebriefly the procedures a defendant must follow to initiate review proceedings in each of theauthorities able to adopt such measures and identify the period within which such proceedingsmust be initiated.
Copyright and related rights
A review of provisional measures may take place upon request of the defendant according to
Article 696 of the Code of Civil Procedure.
Industrial property and trademarks
Pursuant to Article 696, paragraph 1 of the Code of Civil Procedure, an injunction issued in
the absence or without previous notice to the adverse party, can be revoked or modified upon petition
of the party enjoined.  There is no limitation provided regarding the period within which review
proceedings can take place.
36. Article 50.5 requires that competent authorities be authorized to require applicants to
supply other information necessary for the identification of goods concerned by the authoritythat will execute the provisional measures.  Please describe briefly what other information maybe required by the authorities and cite the legal authority establishing the basis for thissupplemental information.
Copyright and related rights
Within the scope of provisional measures the judge has a discretionary power to select the
proper measure for each case without being bound to the requests of the parties (Article 692 of the
Code of Civil Procedure).
Industrial property and trademarks
The Court may require any information related to  the identification of goods.  However, there
is no provision in the Code of Civil Procedure determining the kind of information that may be
requested.
37. Articles 50.6 and 50.8 provide that if proceedings leading to a decision on the merits
are not initiated within a reasonable time, provisional remedies granted by competentauthorities shall be revoked or otherwise cease to have effect, at the request of the defendant.Please identify the relevant provisions in Greek law authorizing the revocation or cessation ofprovisional measures if review proceedings are not initiated within a reasonable time andspecify what constitutes a "reasonable time period" to initiate proceedings.IP/Q4/GRC/1
Page 27
Copyright and related rights
The granting of provisional measures may be combined with an order specifying a time limit
within which plaintiff must bring the principal action.  In case of non-compliance, the provisional
remedy expires automatically (Article 693 of Code of Civil Procedure).
The court before which the main litigation is pending always has the power to modify or to
revoke provisional remedies (Article 697 of Code of Civil Procedure).
Industrial property
Please see Greece's answer to question 12 of the Checklist of Issues on Enforcement31 in
reference to patents, utility models and registered topographies of semiconductor products.  The sameanswer applies to industrial designs.
Trademarks
Please see Greece's answer to question 12 of the Checklist of Issues on Enforcement.31
38. Articles 50.7 and 50.8 provide that judicial and administrative authorities shall have
the authority to order the applicant to provide the defendant appropriate compensation forany injury caused by the adoption of provisional measures when said measures are revoked,have lapsed, or when it has been determined that there has been no infringement or threat ofinfringement.  Please describe how the competent authorities determine "appropriatecompensation".
Copyright and related rights
Compensation is determined according to the provisions of Civil Code (Articles 914 et seq. ).
Compensation covers also reparation in money for the moral harm (Articles 299 and 932 of the Civil
Code).
Industrial property
Please see Greece's answer to question 12 of the Checklist of Issues on Enforcement31 in
reference to patents, utility models and registered topographies of semiconductor products.  The same
answer applies to industrial designs.
Trademarks
Please see Greece's answer to question 12 of the Checklist of Issues on Enforcement.31
Special requirements related to border measures
39. Article 51 of the TRIPS Agreement requires that countries adopt procedures that
enable right holders to request suspension of the importation of counterfeit trademarked goodsand pirated copyrighted works.  IP/N/6/GRC/1 states that EC Regulations Nos. 3295/94 and1367/95 have been implemented in Greece.  Please identify the competent authority in Greeceauthorized to accept applications for a request to suspend release of suspected infringing goodsand cite the relevant law or regulation governing such authority.
                                                     
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Customs
There are ten customs districts, as mentioned in the Annex.
Industrial property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement32 in
reference to patents, utility models and registered topographies of semiconductor products.
Trademarks
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement.32
40. Please describe the procedures a right holder must follow to obtain border protection
by the competent authorities, e.g., if there is a formal application that must be submitted tothe competent authority, judicial or administrative, and the information required in therequest for suspension and cite the law or regulations providing such procedures.
Customs
A simple form application to the competent administrative authority is needed (see the answer
to question 39).  Each competent authority communicates the application to the customs offices
concerned and fixes the period of intervention.
The required information is mentioned in Article 3, paragraph 2 of Regulation No. 3295/94
and in Articles 2 and 3 of Regulation No. 1367/95.
Industrial property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement32 in
reference to patents, utility models and registered topographies of semiconductor products.
Trademarks
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement.32
41. Please explain whether procedures, permissible under Article 51 of the TRIPS
Agreement, are available to stop the export of goods suspected of infringing copyrights and/ortrademarks, even if they are not considered counterfeit trademarked goods or piraticalcopyrighted works.
Customs
Yes, in application of Regulation No. 3295/94, but an application by the right holder is
always needed.
Trademarks
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement.32
                                                     
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42. Article 52 of the TRIPS Agreement requires that rights holders wishing to stop
importation of counterfeit trademarked goods or pirated copyrighted works present evidenceto the competent authorities that there is prima facie  infringement of their trademark or
copyright.  Please explain what evidence will constitute prima facie  infringement in Greece.
Customs
Prima facie  evidence is not required.  The only requirement (in accordance also with
Regulations Nos. 3295/94 and 1367/95) is a proof that the applicant or his representative is the right
holder of a registered or unregistered trademark copyright and related rights.
Trademarks
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement.33
43. Article 52 also requires that the right holder provide a "sufficiently detailed description
of the goods" to be stopped.  Please explain what is required of the right holder in Greece for adescription to be "sufficiently detailed".
Customs
What is required is indicated in Article 3, paragraph 2 of Regulation No. 3295/94.
Industrial property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement33 in
reference to patents, utility models and registered topographies of semiconductor products.
Trademarks
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement.33
44. Article 52 requires that the competent authorities notify the right holder that his
application is accepted within a reasonable time.  Please explain within what period of time thecompetent authority responds to a request for suspension of release of goods and, if theapplication is accepted, the length of time during which enforcement action will be taken.
Customs
The Council Regulation does not provide for any precise period.  The maximum period within
which the competent authorities shall inform the applicant is three days.
Industrial property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement33 in
reference to patents, utility models and registered topographies of semiconductor products.
                                                     
33 Document IP/N/6/GRC/1/Add. 1.IP/Q4/GRC/1
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Trademarks
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement.34
45. Article 53.1 requires that the competent authorities have the authority to secure from
an applicant a security or equivalent assurance sufficient to protect a defendant and to preventabuse.  Please verify that the competent authorities identified above are empowered to requiresecurity or equivalent assurance and provide citations to the provisions of law or regulationthat grant them that authority.
Customs
The competent authorities have the authority to require from an applicant to provide a
security or equivalent assurance sufficient to protect themselves (to ensure the payment of freight for
the maintenance of goods under customs control).
Industrial property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement34 in
reference to patents, utility models and registered topographies of semiconductor products.
Trademarks
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement.34
46. Article 53.2 provides that the owner, importer, or consignee of goods involving
industrial designs, patents, layout-designs or undisclosed information that have beensuspended by customs authorities should be able, in certain circumstances, to have such goodsreleased on payment of security sufficient to protect the right holder from infringement.Please identify forms of intellectual property other than trademarks and copyrights that aresubject to provisions of Article 53.2 and cite to the relevant provisions of law or regulations.
Customs
Under Regulation No. 3295/94, Article 7, paragraph 2, the release for free circulation, on
payment of security sufficient to protect the righ t holder from infringement, is provided only for
industrial designs.  For the other cases this procedure is not applied.
Industrial property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement34 in
reference to patents, utility models and registered topographies of semiconductor products.
47. Article 54 requires that the importer and the applicant be notified promptly of the
suspension or release of goods.  Please identify the authority/authorities responsible fornotifying the importer and applicant and cite to the law or regulations spelling out theprocedure.
                                                     
34 Document IP/N/6/GRC/1/Add. 1.IP/Q4/GRC/1
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Customs
Customs authorities are responsible for notifying the importer and applicant of the suspension
of the release of goods.
Industrial property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement35 in
reference to patents, utility models and registered topographies of semiconductor products.
Trademarks
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement.35
48. Please specify the period within which the competent authority to issue a notice that
the release of goods has been suspended.
Customs
The importer and the applicant are promptly notified of the suspension of the release of goods
during the accomplishment of customs procedures for the clearance of goods.
Industrial property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement35 in
reference to patents, utility models and registered topographies of semiconductor products.
Trademarks
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement.35
49. Article 55 makes it clear that the right holder applying for suspension of infringing
goods must initiate a proceeding on the merits in an appropriate forum within a reasonableperiod of time or the goods will be released .  Please identify the fora in which an
applicant/party may initiate proceedings on the merits that will allow customs authorities tohold the goods beyond ten working days.
Customs
The judicial authority.
Industrial property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement35 in
reference to patents, utility models and registered topographies of semiconductor products.
Trademarks
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement.35
                                                     
35 Document IP/N/6/GRC/1/Add. 1.IP/Q4/GRC/1
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50. Article 55 provides that a review is to take place within a reasonable time at the
request of the defending party to determine if the suspension measures should be modified,revoked or confirmed pending the outcome of the proceeding on the merits.  Please identifythe forum that is authorized to conduct such a review and describe the procedure.  Please citethe law or regulations providing for these procedures.
Customs
The judicial authority.
Industrial property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement36 in
reference to patents, utility models and registered topographies of semiconductor products,
Trademarks
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement.36
51. Article 56 requires that the authorities be able to require the applicant to compensate
the defending party for any injury caused if the detention of goods was unfounded.  Pleaseidentify the authorities that can order the applicant to pay the importer, consignee or ownercompensation for injury caused by wrongful detention or through the detention of goodsreleased pursuant to Article 55 and cite to the law or regulations providing that authority.
Customs
It depends on what the importer or any other person concerned may ask by the judicial
authority.  Generally the dispositions of the Civil Code may be applied.
Industrial property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement36 in
reference to patents, utility models and registered topographies of semiconductor products.
Trademarks
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement.36
52. Article 57 requires that the competent authorities be able to authorize the right holder
to inspect the detained goods in order to substantiate the claims.  Please explain how rightholders are provided an opportunity to inspect suspect goods that have been detained bycustoms authorities.
Customs
Without prejudice to the protection of fiscal and commercial secret, customs authorities give
them the permission to inspect the goods.
                                                     
36 Document IP/N/6/GRC/1/Add. 1.IP/Q4/GRC/1
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Industrial property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement37 in
reference to patents, utility models and registered topographies of semiconductor products.
Trademarks
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement.37
53. Article 57 also requires that, where the decision on the merits favours the right holder,
the competent authorities also may be given authority to give the right holder informationregarding the importer, consignee or consignor.  If competent authorities in Greece canprovide information regarding the importer, consignee or consignor to the right holder, pleaseexplain how information regarding names and addresses of consignors, importers andconsignees and quantities of goods are provided to the applicant after a positive decision ofinfringement is made, e.g., authorities automatically providing information or by submissionof a written request from the right holder, etc.  Please cite to the law or regulations providingsuch authority.
Customs
When the applicant (right holder) wants to in itiate the proceedings leading to a decision on
the merits, without prejudice to the protection of fiscal and commercial secret the customs authorities
can give any information concerning the identities of the importers and consignors.
Industrial property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement37 in
reference to patents, utility models and registered topographies of semiconductor products.
Trademarks
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement.37
54. Article 58 specifies procedures to be followed where the competent authorities can act
ex officio.  Please explain whether the competent authorities in Greece are empowered to actex officio and, if so, please identify the intellectual property areas subject to ex officio action.
Customs
The customs authorities are empowered to act ex officio if they are certain that it is a matter
of counterfeit goods.  They act that way in all cases of copyright and related rights, trademarks,
industrial designs and models.
Industrial property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement37 in
reference to patents, utility models and registered topographies of semiconductor products.  Industrialdesigns can be subject to ex officio action.
                                                     
37 Document IP/N/6/GRC/1/Add. 1.IP/Q4/GRC/1
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Trademarks
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement.38
55. Article 59 identifies the remedies that are to be available, including destruction or
disposal of infringing goods outside the stream of commerce.  Please explain what the law inGreece permits regarding the disposition of infringing goods, i.e., does the law allow fordestruction, disposal or both.  Please cite to the law or regulations providing such authority.
Customs
Under Article 8 of Regulation No. 3295/94, the competent authorities take the necessary
measures for the diminution of injury of the right holder and for this purpose the national dispositions
are applied.
The national Customs Code permits both the destruction and the disposal of goods.  But in the
case of infringing goods, the customs authorities are not in position to decide about the futurecondition of the goods.
Industrial property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement38 in
reference to patents, utility models and registered topographies of semiconductor products.
Trademarks
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement.38
56. Please identify:
(a) the competent authority that decides the disposition of the goods, i.e., whether
the goods will be destroyed or disposed of outside the stream of commerce; and
(b) the competent authority that carries out the destruction or disposal of the
goods.
Customs
(a) The judicial authority.
(b) The customs authority.
Industrial property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement38 in
reference to patents, utility models and registered topographies of semiconductor products.
Trademarks
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement.38
                                                     
38 Document IP/N/6/GRC/1/Add. 1.IP/Q4/GRC/1
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57. Article 60 permits Members to exclude from the provisions for border enforcement
small quantities of goods of a non-commercial nature carried by passengers or sent in smallconsignments.  Please describe what constitutes a de minimis  import that is excluded from the
border measures under the law of Greece.
Customs
According to Article 10 of Regulation No. 3 295/94, the goods of a non-commercial nature
contained in the personal luggage of passengers are excluded from the field of its application, up to
the limits of customs exemption.
Industrial property
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement39 in
reference to patents, utility models and registered topographies of semiconductor products.
Trademarks
Please see Greece's answer to question 15 of the Checklist of Issues on Enforcement.39
Criminal procedures
58. Article 61 of the TRIPS Agreement requires that Members have criminal procedures
and penalties, including imprisonment and/or monetary fines sufficient to act as a deterrent,at least for cases of wilful trademark counterfeiting and copyright infringement on acommercial scale.  IP/N/6/GRC/1 provides information regarding copyright and related rights.Please describe the provisions in the law of Greece that fulfill the obligations of Article 61 inrelation to trademarks and provide legal citations.
Trademarks
According to Article 28 of Law No. 2239/1994:
"(1) With at least three months in prison and a penalty amounting to Dr 200 000, or with
one of these is punished:
(a) Anyone altering a trademark or knowingly using an altered trademark.(b) Anyone knowingly affixing to products of the undertaking or to objects of the
latter's trade, a trademark not owned by him.
(c) Anyone imitating a trade mark, wholly or in part, without altering it with a
view to mislead buyers or knowingly to use such a mark.
(d) Anyone knowingly selling or exposing for sale or distribution products or
goods bearing the trademark which constitutes an alteration or imitation ofanother trademark.
(e) Anyone using as a trademark in violation of the provisions in Article 19.
                                                     
39 Document IP/N/6/GRC/1/Add. 1.IP/Q4/GRC/1
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(f) Anyone using as a trademark, the emblems and symbols of the Greek State
and of every authority as well as religious symbols.
"(2) The provisions of paragraph 1 of the present article also apply to service marks."
No decisions for criminal penalties are available.
59. Article 61 also requires that remedies in appropriate cases include the seizure,
forfeiture and destruction of infringing goods and any materials and implements thepredominant use of which has been the commission of the offence.  IP/N/6/GRC/1 providesinformation regarding copyright and related rights.  Please explain the provisions in the law ofGreece that provide for such remedies in relation to trademarks, describe the circumstances inwhich those remedies would be imposed and provide legal citations.
Trademarks
According to Article 31 of Law No. 2239/1194:
"(l) The civil or criminal court orders in the case of alteration, the destruction of the
products or goods which bear the altered trademark, in the case of imitation, theremoval and destruction of the trademark or the destruction of the product.
"(2) The removal or destruction of the trademark can be ordered by the court even in the
case of acquittal of the accused, if it takes the view that there exists a likelihood of
confusion."
No decisions for criminal penalties are available.
60. Article 61 also indicates that Members may provide for criminal procedures and
penalties in cases of wilful infringement of other forms of intellectual property.  Pleasedescribe any provisions in the law of Greece that provide for such procedures and remediesand provide legal citations.
Copyright and related rights
Greek Law No. 2121/1993 introduces a criminal law system by virtue of which criminal
proceedings can be applied against all acts which constitute copyright/related rights' infringement(Article 66, paragraphs 1 and 2 of Law No. 2121/1993).  According to Article 66 of Greek Law
No. 2121/1993, the sanctions against copyright/related rights' infringement are imprisonment from
one up to five years and a fine of Dr 1 000 000 to Dr 5 000 000.  If the profit which the infringer was
aiming to make or the damage caused by the right holders are particularly great the penalties are
increased to at least two years imprisonment and to a fine of from Dr  2 000 000 to Dr 10 000 000.
If the infringer is a person who commits the infringement by way of standard practice or if the
circumstances in connection with the perpetuation of the act indicate that the guilty party poses a
serious threat to the protection of copyright or related rights, the sanction shall be imprisonment of up
to ten years and a fine of from Dr 5 000 000 to Dr 20 000 000 together with withdrawal of the
infringer's licence (Article 66, paragraph 3 of Greek Law No. 2121/1993).
According to the Greek Code of Criminal Procedure, search orders and seizures of pirated
material can be ordered by the Prosecutors during penal proceedings (Articles 251-252, 261-269, 280IP/Q4/GRC/1
Page 37
CCRP).  Prosecutors have the authority to order searches in order to preserve evidence of copyright
infringement (Articles 253-259 CCRP).
Industrial property
Please see Greece's answers to questions 21 and 24 of the Checklist of Issues on
Enforcement40 in reference to patents, utility models and registered topographies of semiconductor
products.  No criminal penalties are provided ag ainst the infringement of an industrial design.
61. Article 61 requires that criminal penalties be sufficient to provide a deterrent at least
for wilful trademark counterfeiting and copyright piracy.  Please explain how the penaltiesprovided under Greek laws comply with that obligation.
Copyright and related rights
Sanctions are very severe and can act as deterrent to copyright and related rights infringement
(Article 66 of Greek Law No. 2121/1993).  The prosecuting authorities have the power to apply
flagrant procedure according to Circular No. 10/1365/15-4-1997 of the Public Prosecutor of the
Supreme Court.
Trademarks
The criminal penalties for trademarks are sufficient.  Please also see the answer to question 58
above.
[Follow-up questions from the US]
1. Please provide statistical information related to civil copyright, trademark,
geographical indication, industrial design, patent, integrated circuit layout-design, and trade
secret enforcement for each of the years 1996 and 1997, including the number of cases filed;injunctions issued;  infringing products seized;  infringing equipment seized;  cases resolved(including settlement);  and the amount of damages awarded.
There are no official statistics available regarding copyright, patents, utility models,
registered topographies of semiconductor products and industrial designs.
2. Please provide statistical information related to criminal enforcement in the area of
copyright piracy and trademark infringement for each of the years 1996 and 1997, includingthe number of raids, prosecutions, convictions, and the amount of fines and/or jail terms(including whether the fines were paid and whether the jail term was actually served or wassuspended) and any other information establishing that the criminal system operates effectivelyto deter copyright piracy and trademark counterfeiting.
Copyright and related rights
There are no statistics relating specifically to criminal enforcement in the area of copyright.
3. In IP/N/6/GRC/1, the Government of Greece states that it awards court costs but that
"in practice award of such costs are low" and that Greek law does not permit recovery of
investigation costs.  In light of this description, please explain how Greek law and practice
                                                     
40 Document IP/N/6/GRC/1/Add. 1.IP/Q4/GRC/1
Page 38
comply with Articles 41 and 45.2 regarding recovery of right holder expenses and the obligation
to provide remedies that "constitute a deterrent to further infringement".
Copyright and related rights
Greek Law No. 2121/1993 does not contain provisions on court costs or investigation costs
for copyright cases.  Articles 173 – 193 of the Greek Code of Civil Procedure contain specific
provisions concerning court costs.  The costs of a proceeding vary according to the level of
jurisdiction and the value in dispute.  Award of court costs to the winning party is a standard practice
of Greek courts.  Expert's fees may be awarde d according to Article 189 of the Code of Civil
Procedure.  The Code of Attorneys provides for the minimum level of fees depending on the amount
of the litigation and the type of procedure involved.  Under Article 41.2 of the TRIPS Agreement
procedures concerning the enforcement of intellectual property rights may not be unnecessarily costly.Greek legislation is in broad conformity with that provision because the State-imposed costs are not
high.  It is to be noted that according to Greek law the author or the right holder of the related rights is
entitled to recover damages in an amount not less than twice the legally required or normally payable
remuneration for the forms of exploitation which the infringing party has effected without licence.
Instead of seeking damages the right holder may claim the profit the infringer made from theunauthorised use. Provisions of the Greek Civil Code are also applicable.  Article 914 provides:
"A person who through his fault has caused in a manner contrary to the law prejudice to
another shall be liable to compensation".
4. Please explain how Greece complies with Article 50 regarding "prompt and effective
provisional measures" by describing the manner and extent to which ex parte  civil search
procedures have been used in practice to prevent irreparable harm and to preserve evidence.
Industrial property
Compliance with Article 50 of the TRIPS Agreement is afforded by the availability of
provisional measures as described in Greece's answers to questions 26, 27 and 28 of the Checklist of
Issues on Enforcement41 in reference to patents, utility models, registered topographies of
semiconductor products and industrial designs.  Since there is no obligation to notify an injunction tothe Industrial Property Organization, unless a specific request by the Court is being directed to the
Patent Office, it is not possible to provide accurate information on the manner and extent to which ex
parte  civil search procedures are being applied in practice.
Copyright and related rights
According to Article 63, paragraph 3 of Greek Law No. 2121/1993 where there is a reason to
believe that an infringement of copyright is occurring or may occur, a single-member court of first
instance shall be empowered to invoice the safeguarding measures and to issue a prohibition order
without the necessity of specifically designating the works thereby protected.  According to Article 64
of Greek Law No. 2121/1993 combined  with Articles 687, paragraph 1 and 691, paragraph 2 of the
Code of Civil Procedure provisional measures can be  ordered by the one-member district court.  The
single-member court of first instance can order the conservatory measure of any item of the
infringement or product or evidence of the infrin gement.  Alternatively, the court can order the
drawing up of an inventory and the photographic record of those items.  Provisional measures
provided by Articles 682-738 of the Code of Ci vil Procedure are very important.  Provisional
measures can be granted on an application ex parte  and allow the court to issue immediately a
                                                     
41 Document IP/N/6/GRC/1/Add. 1.IP/Q4/GRC/1
Page 39
provisional order upon the filing of a request.  Conservatory seizure can be ordered by judicial
authorities.
5. The United States Government has rece ived reports that significant amounts of
unauthorized CDs are being imported into Greece.  Please describe the concrete steps that the
Government of Greece is taking to ensure its compliance with the obligations in Articles 51-60
regarding border measures.
According to Greek Law No. 2121/1993 the author has the right to prohibit the import of
copies of the work produced abroad without his c onsent.  Producers of sound or visual or sound and
visual recordings have also the right to prohibit the import of recordings produced in a foreign country
without their consent.  EC Regulations Nos.  3295/1994 and 1367/1995 have been implemented in
Greece by virtue of Finance Circular letter  N. T10231/1781/A 0019/12.12.1995 which incorporated
them into the Greek legal system.  Names of experts are notified to the competent Customs
authorities.  There has been created a specific Department in the Ministry of Finance as it concerns
control of economic issues on copyright.  During the last two years, 20 cases of a total number of
16,645 counterfeit CDs and LPs have been discovered by the Greek custom authorities.
6. The United States Government has rece ived reports of widespread unauthorized
broadcasts by television stations in Greece.  Please describe the concrete steps that the
Government of Greece is taking to ensure its compliance with Articles 41 to 61 regarding
effective criminal, civil and administrative copyright enforcement.
Copyright and related rights
Apart from the measures taken by the Ministry of Mass Media provisional, civil and criminal
measures are granted by judicial authorities.  Administrative measures provided by the new Broadcast
Law are ordered by the Radio/Television Council.  Prosecuting authorities have the power to applyflagrant procedures and in general to see to the rapid hearing of such cases according to circulars of
the Public Prosecutor of the Supreme Court.  A special judicial system is created as it concerns civil
procedures.  Copyright cases are introduced to special chambers for the first instance cases in Athens,
Piraeus and Thessaloniki, as it concerns the jurisdiction of three-member courts.  Appeals against the
decisions of these first instance courts are tried before the Special Chamber of the Court of Appeal inAthens.  Provisional remedies are ordered by a single member court. Copyright law has been
introduced as a separate issue in the program of the National school of judges.  The teaching of
copyright law has been introduced in the program of the faculties of law in Greece.  Greek law
permits the establishment of a collecting society exclusively to engage in the sole functions of
protecting the economic rights of a right holder (Articles 54-58 of Greek Law No. 2121/1993).  The
operation of such a collecting society is approved by the Ministry of Culture for the protection of
producers of audiovisual works.  Members of this society are producers of audiovisual works andprivate television stations.
7. The United States Government has received reports of extensive delays – of up to nine
years in some cases – in bringing copyright infr ingement cases to a hearing and final judgement.
In light of such reports, please explain how Gr eece complies with its obligations to provide
"expeditious" remedies, without unwarranted delays under Article 41.
Copyright and related rights
It is a general rule in Greek law that a party to litigation aggrieved by a judicial decision seeks
to have the case reconsidered.  The length of a proceeding depends on the nature of the case and
whether the case is introduced at first or second instance.  Provisional orders are issued immediately.IP/Q4/GRC/1
Page 40
ANNEX
Competent authorities
to receive the application in the framework of
Article 3(8) of Regulation No. 3295/94
GREECE
CUSTOMS DISTRICTS1. Attiki (Pireas) Head of Customs Administration
Pl. Ag. Nikoleou – 18510 Pireas
Fax: + 30 1 4511009
2. Thessaloniki (Thessaloniki) Head of Thessaloniki Customs Administration
Limani – 54110 Thessaloniki
Fax: + 30 31-546485
3. Patra (Patra) Head of Patra Customs Office
Ktirio Limaniou- 26110 Patra
Fax: + 30 61-331658
4. Kavala (Kavala) Head of Kavala Customs Office
Limani – 65110 Kavala
Fax: + 30 51-222633
5. Volos (Volos) Head of Volos Customs Office
Limani – 38001 VolosFax: + 30 421-23376/27152
6. Dodekanisa (Rodos) Head of Rodos Customs Office
Limani – 85100 Rodos
Fax: + 30 241-22338
7. Kerkira (Kerkira) Head of Kerkira Customs Office
Ethn. Antistasis 1-49100 Kerkira
Fax: + 30 661-39602
8. Iraklio (Iraklio) Head of Iraklio Customs Office
N. Limani – 71110 IraklioFax: + 30 81-221003
9. Lesvos (Mitilini) Head of Mitilini Customs Office
Limani – 81100 Mitilini
Fax: +30 251-43875
10. Siros (Siros) Head of Siros Customs Office
Ermoupoli – 84100 Siros
Fax: +30 281-22680
__________