LAW 4605/2019 (GG 52 A’, 1.4.19) “Harmonization of Greek legislation to 
Directive (EU) 2016/943 of the European Parliament of June 8, 2016 on the 
protection of undisclosed know-how and business information (trade secrets) against 
their unlawful acquisition, use and disclosure (ΕΕΕ 157 of 15.6.2016) – Measures 
to speed-up the work carried out by the Ministry of Economy and Development and 
other provisions PRESIDENT OF THE HELLENIC REPUBLIC Promulgation of 
the following stated law enacted by the Hellenic Parliament: PART ONE 
REGULATIONS ON THE RESPONSIBILITIES TO BE TAKEN BY THE 
SEGRETARY-GENERAL FOR INDUSTRY CHAPTER ONE PROTECTION OF 
COMMERCIAL CONFIDENTIALITY Article 1 Harmonization of Greek 
legislation with Directive (ΕU) 2016/943 of the European Parliament of June 8, 2016 
on the protection of undisclosed know-how and business information (trade secrets) 
against their unlawful acquisition, use and disclosure (ΕΕΕ 157) Following Article 
22 of Law 1733/1987 (Α" 171), Articles 22Α, 22Β, 22C, 22D, 22Ε, 22F, 22G, 22Η, 
22I, 22J and 22Κ shall be added as follows: «Article 22Α (Article 1 and 2 of 
Directive 2016/943) Scope - Definitions 1. Provisions of articles 22Α-22Κ of the 
present shall apply to undisclosed knowhow and business information (trade secrets) 
that have perspective effect within the Hellenic territory 2. Provisions of articles 
22Α-22Κ of the present are without prejudice to the following stated: a. the exercise 
of the right to freedom of expression and information as set out in the Charter, 
including respect for the freedom and pluralism of the media b. the application of 
Union or national rules requiring trade secret holders to disclose, for reasons of 
public interest, information, including trade secrets, to the public or to administrative 
or judicial authorities for the performance of the duties of those authorities c. the 
application of Union or national rules requiring or allowing Union institutions and 
bodies or national public authorities to disclose information submitted by businesses 
which those institutions, bodies or authorities hold pursuant to, and in compliance 
with, the obligations and prerogatives set out in Union or national law; d. the 
autonomy of social partners and their right to enter into collective agreements, in 
accordance with Union law and national laws and practices. 206 3. Provisions of 
articles 22Α-22Κ shall be understood to offer no ground for restricting the mobility 
of employees. In particularly, in relation to the exercise of such mobility, 
implementation of provisions of articles 22A-22K shall not offer any ground for: a. 
limiting employees' use of information that does not constitute a trade secret as 
defined in point (a) of paragraph 4; b. limiting employees' use of experience and 
skills honestly acquired in the normal course of their employment; c. imposing any 
additional restrictions on employees in their employment contracts other than restrictions imposed in accordance with Union or national law. 4. For the purposes 
of this section, the following definitions shall be applicable: a. ‘trade secret’ means 
information which meets all οf the following requirements: aa. it is secret in the 
sense that it is not, as a body or in the precise configuration and assembly of its 
components, generally known among or readily accessible to persons within the 
circles that normally deal with the kind of information in question; bb. it has 
commercial value because it is secret; cc. it has been subject to reasonable steps 
under the circumstances, by the person lawfully in control of the information, to 
keep it secret b. ‘trade secret holder’ means any natural or legal person lawfully 
controlling a trade secret c. ‘infringer’ means any natural or legal person who has 
unlawfully acquired, used or disclosed a trade secret d.) ‘infringing goods’ means 
goods, the design, characteristics, functioning, production process or marketing of 
which significantly benefits from trade secrets unlawfully acquired, used or 
disclosed. Article 22Β (Articles 3, 4 and 5 of Directive 2016/943) Lawful 
acquisition, use and disclosure of trade secrets 1. The acquisition of a trade secret 
shall be considered lawful when the trade secret is obtained by any of the following 
means: a. independent discovery or creation; b. observation, study, disassembly or 
testing of a product or object that has been made available to the public or that is 
lawfully in the possession of the acquirer of the information who is free from any 
legally valid duty to limit the acquisition of the trade secret; c. exercise of the right 
of workers or workers' representatives to information and consultation in accordance 
with Union law and national laws and practices; d. any other practice which, under 
the circumstances, is in conformity with honest commercial practices. 2. The 
acquisition, use or disclosure of a trade secret shall be considered lawful to the extent 
that such acquisition, use or disclosure is required or allowed by Union or national 
law. 3. The acquisition of a trade secret without the consent of the trade secret holder 
shall be considered unlawful, whenever carried out by: a. unauthorised access to, 
appropriation of, or copying of any documents, objects, materials, substances or 
electronic files, lawfully under the control of the trade secret holder, containing the 
trade secret or from which the trade secret can be deduced; or b. any other conduct 
which, under the circumstances, is considered contrary to honest commercial 
practices. 4. The use or disclosure of a trade secret shall be considered unlawful 207 
whenever carried out, without the consent of the trade secret holder, by a person who 
is found to meet any of the following conditions: a. having acquired the trade secret 
unlawfully; b. being in breach of a confidentiality agreement or any other duty not 
to disclose the trade secret; c. being in breach of a contractual or any other duty to 
limit the use of the trade secret. 5. The acquisition, use or disclosure of a trade secret shall also be considered unlawful whenever a person, at the time of the acquisition, 
use or disclosure, knew or ought, under the circumstances, to have known that the 
trade secret had been obtained directly or indirectly from another person who was 
using or disclosing the trade secret unlawfully within the meaning of paragraph 4. 6. 
The production, offering or placing on the market of infringing goods, or the 
importation, export or storage of infringing goods for those purposes, shall also be 
considered an unlawful use of a trade secret where the person carrying out such 
activities knew, or ought, under the circumstances, to have known that the trade 
secret was used unlawfully within the meaning of paragraph 4. 7. Any application 
for the measures, procedures and remedies provided for in Articles 22D-22Ι shall be 
dismissed where the alleged acquisition, use or disclosure of the trade secret was 
carried out in any of the following cases: a. for exercising the right to freedom of 
expression and information as set out in the Constitution and the Charter of 
Fundamental Rights of the European Union including respect for the freedom and 
pluralism of the media; or b. for revealing misconduct, wrongdoing or illegal 
activity, provided that the respondent acted for the purpose of protecting the general 
public interest; c. disclosure by workers to their representatives as part of the 
legitimate exercise by those representatives of their functions in accordance with 
Union or national law, provided that such disclosure was necessary for that exercise; 
d. for the purpose of protecting a legitimate interest recognised by Union or national 
law. Article 22C (Articles 7 and 8 of Directive 2016/943) Proportionality, abuse of 
process and limitation period 1. The measures, procedures and remedies provided 
for in Articles 22D22Ι shall apply in a manner that: a. is proportionate; b. avoids the 
creation of barriers to legitimate trade in the internal market; and c. provides for 
safeguards against their abuse. 2. The court may, upon the request of the respondent, 
apply appropriate measures, where an application concerning the unlawful 
acquisition, use or disclosure of a trade secret is manifestly unfounded and the 
applicant is found to have initiated the legal proceedings abusively or in bad faith. 
Such measures may, as appropriate, include awarding damages to the respondent 
due to the infringement of personal rights. 3. Any claims for measures to be taken 
and damages provided for in articles 22D-22Ι shall be prescribed after completing 
five (5) years since the holder of a trade secret has been informed of the infringement 
or damage, and of the person liable for compensation. 208 Article 22D (Article 9 of 
Directive 2016/943) Preservation of confidentiality of trade secrets in the course of 
legal proceedings 1. The parties, their lawyers or other representatives, witnesses, 
experts and any other person participating in legal proceedings relating to the 
unlawful acquisition, use or disclosure of a trade secret, or who has access to documents which form part of those legal proceedings, are not permitted to use or 
disclose any trade secret or alleged trade secret which the competent judicial 
authorities have, in response to a duly reasoned application by an interested party, 
identified as confidential and of which they have become aware as a result of such 
participation or access upon documented application of the person interested. The 
obligation referred to in the first subparagraph shall remain in force after the legal 
proceedings have ended. However, such obligation shall cease to exist in any of the 
following circumstances: a. where the alleged trade secret is found, by a final 
decision, not to meet the requirements set out in paragraph 4 of Article 22Α, b. where 
over time, the information in question becomes generally known among or readily 
accessible to persons within the circles that normally deal with that kind of 
information. 2. The court may, on a duly reasoned application by a party, take 
specific measures necessary to preserve of any trade secret or alleged trade secret 
used or referred to in the course of legal proceedings relating to the unlawful 
acquisition, use or disclosure of a trade secret. The measures referred to in the first 
subparagraph shall at least include the possibility: a. of restricting access to any 
document containing trade secrets or alleged trade secrets submitted by the parties 
or third parties, in whole or in part, to a limited number of persons; b. of restricting 
access to hearings, when trade secrets or alleged trade secrets may be disclosed, and 
the corresponding record or transcript of those hearings to a limited number of 
persons; c. of making available to any person other than those comprised in the 
limited number of persons referred to in points (a) and (b) a non-confidential version 
of any judicial decision, in which the passages containing trade secrets have been 
removed or redacted. The number of persons referred to in points (a) and (b) of the 
second subparagraph shall be no greater than necessary in order to ensure 
compliance with the right of the parties to the legal proceedings to an effective 
remedy and to a fair trial, and shall include, at least, one natural person from each 
party and the respective lawyers or other representatives of those parties to the legal 
proceedings. 3. When deciding on the measures referred to in paragraph 2 and 
assessing their proportionality, the court shall take into account the need to ensure 
the right to an effective remedy and to a fair trial, the legitimate interests of the 
parties and, where appropriate, for third parties, resulting from the granting or 
rejection of such measures. 4. Any processing of personal data pursuant to 
paragraphs 1, 2 or 3 shall be carried out in accordance with Directive (ΕU) 2016/679 
(ΕΕΕ 119). 209 Article 22Ε (Article 10 of Directive 2016/943) Provisional and 
precautionary measures 1. In possibility of infringement of a trade secret, the Court 
of First Instance prosecuting with the interim measures’ procedure of articles 686 et seq. of the Civil Procedural Code shall order any of the following provisional and 
precautionary measures against the alleged infringer: a. the cessation of or, as the 
case may be, the prohibition of the use or disclosure of the trade secret on a 
provisional basis; b. the prohibition of the production, offering, placing on the 
market or use of infringing goods, or the importation, export or storage of infringing 
goods for those purpose the seizure or delivery up of the suspected infringing goods, 
including imported goods, so as to prevent their entry into, or circulation on, the 
market. It is set that in cases of the present, Article 687 of the Civil Procedural Code 
shall apply and if need arises, a provisional order shall be granted according to 
Article 691 Α of the Civil Procedural Code. 2. As an alternative to the measures 
referred to in paragraph 1, the Court of First Instance may make the continuation of 
the alleged unlawful use of a trade secret subject to the lodging of guarantees 
intended to ensure the compensation of the trade secret holder. Disclosure of a trade 
secret in return for the lodging of guarantees shall not be allowed. Article 22F 
(Article 11 of Directive 2016/943) Conditions of application and safeguards 1. In 
respect of the measures referred to in Article 22Ε, the Court of First Instance may 
require the applicant to provide evidence that may reasonably be considered 
available in order to satisfy itself with a sufficient degree of certainty that: a. a trade 
secret exists; b. the applicant is the trade secret holder; and c. the trade secret has 
been acquired unlawfully, is being unlawfully used or disclosed, or unlawful 
acquisition, use or disclosure of the trade secret is imminent. 2. The Court of First 
Instance in deciding on the granting or rejection of the application shall be required 
to take into account the specific circumstances of the case, including, where 
appropriate: a. the value and other specific features of the trade secret; b. the 
measures taken to protect the trade secret; c. the conduct of the respondent in 
acquiring, using or disclosing the trade secret; d. the impact of the unlawful use or 
disclosure of the trade secret; e. the legitimate interests of the parties and the impact 
which the granting or rejection of the measures could have on the parties; f. the 
legitimate interests of third parties; g. the public interest; and h. the safeguard of 
fundamental rights. 3.a. The provisionary and precautionary measures are ex officio 
revoked if the applicant does not institute legal proceedings leading to a decision on 
the merits of the case before the competent judicial authority, within a reasonable 
period determined by the judicial authority ordering the measures where the law of 
a Member State so permits or, in the absence of such determination, within a period 
not exceeding 20 working days or 31 calendar days, whichever is the longer; or 210 
b. Provisionary and precautionary measures are revoked upon the request of the 
respondent, in case the information in question no longer meets the requirements provided for in paragraph 4 of Article 22A, for reasons that cannot be attributed to 
the respondent. 4. The Court of First Instance may make the measures referred to in 
Article 22Ε subject to the lodging by the applicant of adequate security or an 
equivalent assurance intended to ensure compensation for any prejudice suffered by 
the respondent and, where appropriate, by any other person affected by the measures. 
Where the measures referred to in Article 22Ε are revoked on the basis of point (a) 
of paragraph 3, where they lapse due to any act or omission by the applicant or where 
it is subsequently found that there has been no unlawful acquisition, use or disclosure 
of the trade secret or threat of such conduct, the Court of First Instance shall have 
the authority to order the applicant, upon the request of the respondent or of an 
injured third party, to provide the respondent or the injured third party appropriate 
compensation for any injury caused by those measures. Article 22G (Article 12 of 
Directive 2016/943) Injunctions and corrective measures 1. Where a judicial 
decision taken on the merits of the case finds that there has been unlawful 
acquisition, use or disclosure of a trade secret, the Court may, at the request of the 
applicant, order one or more of the following measures against the infringer: a. the 
cessation of or, as the case may be, the prohibition of the use or disclosure of the 
trade secret; b. the prohibition of the production, offering, placing on the market or 
use of infringing goods, or the importation, export or storage of infringing goods for 
those purposes; c. the adoption of the appropriate corrective measures with regard 
to the infringing goods; d. the destruction of all or part of any document, object, 
material, substance or electronic file containing or embodying the trade secret or, 
where appropriate, the delivery up to the applicant of all or part of those documents, 
objects, materials, substances or electronic files. 2. The corrective measures referred 
to in point (c) of paragraph 1 shall include: a. recall of the infringing goods from the 
market and their disposal to charitable organizations, b. depriving the infringing 
goods of their infringing quality; c. destruction of the infringing goods or, where 
appropriate, their withdrawal from the market, provided that the withdrawal does not 
undermine the protection of the trade secret in question. 3. The court shall order that 
the measures referred to in points (c) and (d) of paragraph 1 be carried out at the 
expense of the infringer, unless there are particular reasons for not doing so. Those 
measures shall be without prejudice to any damages that may be due to the trade 
secret holder by reason of the unlawful acquisition, use or disclosure of the trade 
secret. In all other cases, provisions of Articles 941 et seq. of the Civil Procedural 
Code shall apply. Article 22Η (Article 13 of Directive 2016/943) Conditions of 
application, safeguards and alternative measures 1. The court, in considering an 
application for the adoption of the injunctions and corrective measures provided for in Article 22G, and 211 assessing their proportionality, shall be required to take into 
account the specific circumstances of the case, where appropriate: a. the value or 
other specific features of the trade secret; b. the measures taken to protect the trade 
secret; c. the conduct of the infringer in acquiring, using or disclosing the trade 
secret; d. the impact of the unlawful use or disclosure of the trade secret; e. the 
legitimate interests of the parties and the impact which the granting or rejection of 
the measures could have on the parties; f. the legitimate interests of third parties; g. 
the public interest; and h. the safeguard of fundamental rights. Where the court limits 
the duration of the measures referred to in points (a) and (b) of Article 22G, such 
duration shall be sufficient to eliminate any commercial or economic advantage that 
the infringer could have derived from the unlawful acquisition, use or disclosure of 
the trade secret. 2. The measures referred to in points (a) and (b) of paragraph 1 of 
Article 22G are revoked or otherwise cease to have effect, upon the request of the 
respondent, if in the meanwhile the information in question no longer meets the 
requirements of paragraph 4 of Article 22A for reasons that cannot be attributed 
directly or indirectly to the respondent. 3. At the request of the person liable to be 
subject to the measures provided for in Article 22G, the court may order pecuniary 
compensation to be paid to the injured party instead of applying those measures 
provided all the following conditions are met: a. the person concerned at the time of 
use or disclosure neither knew nor ought, under the circumstances, to have known 
that the trade secret was obtained from another person who was using or disclosing 
the trade secret unlawfully; b. execution of the measures in question would cause 
that person disproportionate harm; and c. pecuniary compensation to the injured 
party appears reasonably satisfactory. Where pecuniary compensation is ordered 
instead of the measures referred to in points (a) and (b) of paragraph 1 of Article 
22G, it shall not exceed the amount of royalties or fees which would have been due, 
had that person requested authorization to use the trade secret in question, for the 
period of time for which use of the trade secret could have been prohibited. Article 
228 (Article14 of Directive 2016/943) Damages 1. Upon the request of the injured 
party, the court may order an infringer who knew or ought to have known that he, 
she or it was engaging in unlawful acquisition, use or disclosure of a trade secret, to 
pay the trade secret holder damages appropriate to the actual prejudice suffered as a 
result of the unlawful acquisition, use or disclosure of the trade secret. The liability 
for damages of employees towards their employers for the unlawful acquisition, use 
or disclosure of a trade secret of the employer may be limited where they act without 
intent. 2. When setting the damages referred to in paragraph 1, the court shall take 
into account all appropriate factors, such as the negative economic consequences, including lost profits, which the injured party has suffered, any unfair profits made 
by the infringer and, in appropriate cases, elements other than economic factors, such 
as the moral 212 prejudice caused to the trade secret holder by the unlawful 
acquisition, use or disclosure of the trade secret. Alternatively, the court may, in 
appropriate cases, set the damages as a lump sum on the basis of elements such as, 
at a minimum, the amount of royalties or fees which would have been due had the 
infringer requested authorisation to use the trade secret in question. Article 22Ι 
(Article 15 of Directive 2016/943) Publication of judicial decisions 1. In legal 
proceedings instituted for the unlawful acquisition, use or disclosure of a trade 
secret, the court may order, at the request of the applicant and at the expense of the 
infringer, appropriate measures for the dissemination of the information concerning 
the decision, including publishing it in full or in part. 2. Any measure referred to in 
paragraph 1 shall preserve the confidentiality of trade secrets as provided for in 
Article 22D. 3. In deciding whether to order a measure referred to in paragraph 1 
and when assessing its proportionality, the court shall take into account, where 
appropriate, the value of the trade secret, the conduct of the infringer in acquiring, 
using or disclosing the trade secret, the impact of the unlawful use or disclosure of 
the trade secret, and the likelihood of further unlawful use or disclosure of the trade 
secret by the infringer. The court shall also take into account whether the information 
on the infringer would be such as to allow a natural person to be identified and, if 
so, whether publication of that information would be justified, in particular in the 
light of the possible harm that such measure may cause to the privacy and reputation 
of the infringer. Article 22Κ (Article 16 and 17 of Directive 2016/943) Sanctions - 
Exchange of informations 1. The Court may impose sanctions on any person who 
fails or refuses to comply with any measure adopted pursuant to Articles 22D, 22E 
and 22G. 2. The sanctions provided for shall include the possibility of imposing 
recurring penalty payments in the event of non-compliance with a measure adopted 
pursuant to Articles 22E and 22G. 3. The Hellenic Industrial Property Organisation 
(OBI) is assigned to be the national correspondent as far as the implementation of 
measures laid down in Articles 22D-22I is concerned. Upon decision issued by the 
Ministry of Economy and Development and after the submission of a documented 
proposal by the OBI, the sort of sanctions, criteria and their scaling-up, the procedure 
and prerequisites to be taken into account for the sanction’s imposition shall also be 
defined. CHAPTER TWO REGULATIONS ON INTELLECTUAL PROPERTY 
Article 2 National Council for Industrial Property 1. Within the framework of the 
Ministry of Economy and Development, the National Council of Industrial Property 
shall be established (ΕΣυΒι) comprising the following members: a. the Secretary- General for Industry, b. the Secretary- General for Commerce & Consume, 
Protection, 213 c. the Secretary- General for Research and Technology, d. the 
General Secretary of Environment & Energy e. the Secretary General Ministry of 
Rural Development and Food f. the Secretary Special of the Greek Financial & 
Economic Crime (ΣΔΟΕ), g. the President of the Administrative Council of the 
Hellenic Industrial Property Organisation (OBI) and the Director General of the 
Hellenic Industrial Property Organisation (OBI). The Secretary General for Industry 
and the Secretary General for Commerce & Consumer Protection shall preside over 
the council on a rotation basis. 2. The National Council of Industrial Property is a 
coordinating body and its main work is focused on: a. recording all initiatives and 
actions taken by competent Ministries and supervised institutions authorized to 
regulate, supervise, promote and protect industrial property in Greece, b. setting an 
integrated strategy on industrial property in Greece, c. coordinating actions and 
initiatives taken by competent Ministries and institutions in compliance with the 
aforementioned strategy, d. processing the proposals submitted regarding the 
implementation of Union and international regulations, actions, policies and 
standards, and the adoption of best practices, e. processing the proposals submitted 
regarding information actions on industrial property, f. monitoring and recording 
both financial and social consequences resulting from regulations on industrial 
property in Greece, mainly with the establishment of relevant indexes. 3. Upon 
decision taken jointly by the Minister of Economy and Development, the Minister 
for Education, Research and Religious Affairs, the Minister for Rural Development 
and Food and the Minister for the Environment and Energy, the constitution of the 
aforementioned coordinating body with the appointment of alternate members, its 
specialized work and the operation of the National Council of Industrial Property 
related to its convocation, decisions making, coordination, actions report and 
administrative support as well as any other relevant issue shall be also defined. 
Article 3 Amendment of the provisions of Law1733/1987 (Α' 171) Law 1733/1987 
shall be amended as follows: 1. At the end of paragraph 1 of Article 1, the following 
subparagraph shall be added: “Under provisions of paragraph 45 of Article 2 of Law 
4310/2014 (A’ 258), the ΟΒΙ is a self-financed technological institution which is 
supervised by the Ministry of Economy and Development according to provisions 
of Law 4512/2018 (Α'5)”. 2. Paragraph 1 of Article 7Α shall be replaced as follows: 
«1. As of 15.4.2019, any submission to the ΟΒΙ of an application regarding the grant 
of all sorts of industrial property titles and certificates, pursuant to provisions on 
industrial property, shall be made strictly online. All applications shall bear the 
electronic signature under point 10 of Article 3 of Regulation 910/2014 of the European Parliament and of Council of April 23rd 2014 (OJ L 257) which is legally 
recognized pursuant to paragraph 1 of Article 25 of the Regulation in question or 
bear the electronic signature provided for in point 12 of article 3 along with article 
26 of Regulation 910/2014 being legally 214 equivalent to a handwritten signature 
pursuant to paragraph 2 of Article 25 of the aforementioned Regulation. Relevant 
fees shall be strictly paid online. Upon the decision taken by the OBI’s Board of 
Directors which is approved by the Minister for Finance and Development and 
published in the Government Gazette, all terms, conditions, procedures, technical 
requirements and any other issue related to the implementation of the 
aforementioned along with any sorts of payment of relevant fees and payment dates 
shall be also defined”. 3. Paragraph 4 shall be added to Article 7A as follows: “4. 
Until the decision laid down in paragraph 1 is issued, Decision No. 12625/1 /2014 
taken by the State Secretary for Development and Competitiveness (Β' 3258) 
pursuant to Regulation (ΕC) 910/2014 (ΕΕΕ 257)” shall be applicable”. 4. 
Provisions of paragraphs 1 and 2 of Article 7Α of Law 1 733/1 987 are in force 
respectively as of 17.1.2018. 5. Following paragraph 6, paragraph 6a shall be added 
to Article 8 of Law 1733/1987 as follows: “6α. Within a strict deadline of two (2) 
months following the notification of the final search report issued by OBI, the 
applicant has the right to reformulate claims stated in the application, restricting thus 
both the extent and content of the protection claimed. In case of obvious 
inconsistencies with the claim content, the description, title, summary and all 
projects shall be reformulated. In all other cases, paragraphs 6 to 15 of Article 8 shall 
be applicable”. Article 4 Amendment of provisions of Law 1733/1987 on contractual 
licenses Law 1733/1987 shall be amended as follows: 1. Paragraph 3 of Article 12 
shall be completed as follows: «Any agreement on granting contractual licenses is 
published on the Industrial Property Bulletin and shall enter into force on the date of 
its registration in the Patent Register”. 2. Following article 12, article 12Α shall be 
also added as follows: «Article 12Α Contractual licenses public offering. 1. Patent 
holders may proceed to a public offering of non-exclusive licenses with or without 
compensation by submitting a relevant written application to the OBI according to 
which they allow the patent - protected by the license in question- to be used by any 
person interested acting in the capacity of licensee. Applications are registered in the 
Patent Register, Issue D’ entitled “Register for open patents” posted up on a special 
website of the OBI’s site and published in the Industrial Property Bulletin. 2. 
Pursuant to paragraph 1, the patent holder is entitled to an annual fee due reduction 
regarding patent protection which shall be determined by the OBI’s Administrative 
Council either on a general or a case by case basis. The aforementioned reduction shall be granted as of the date of the application’s registration in the open patent 
license register as long as the relevant public offering is still applicable. The patent 
holder who proceeds with a contractual license public offering without 
compensation to any Social and Solidarity Economy Institutions according to Law 
4430/2016 (Α' 205) or 215 to public enterprises and organizations pursuant to Law 
3429/2005 (Α" 314), who provides social services of general interest and is not 
subject to Chapter Two, shall be entitled to exemption of the obligation to pay annual 
fees due regarding patent protection as long as a public offering is still applicable. 3. 
Any public offering may be withdrawn whensoever upon written notification 
submitted to the OBI, provided that no one has the intention to proceed with the use 
of patent being protected by the license in question. The offer’s withdrawal shall 
enter into force on the date notification has been received. 4. In case there is an 
exclusive patent license that has been already registered in the Patent Register or 
provided a relevant application has been submitted, any public offering for licenses 
stated in paragraphs 1, 2 and 3 shall be unfeasible. Once a public offering is 
submitted, any application for registration of an exclusive patent license in the Patent 
Register shall not be approved until the public offering is withdrawn. 5. The 
acceptance of any public offering gives any person the right to make use of the patent 
protected by the license in question as a non-exclusive licensee. 6. Everyone who 
would like to make use of a patent protected by the license on the basis of the public 
offering shall submit a relevant application to the OBI indicating the patent he/she 
wants to make use. The ΟΒΙ shall communicate the application to the patent holder. 
The applicant has the right to use the patent in the way it was indicated by the latter 
within three (3) months from the date the application was submitted to the OBI. 7. 
In the event of dispute between the parties, following a relevant application 
submitted by either of them and hearing both of the parties, the OBI shall define the 
level of pecuniary compensation that should be paid by the licensee. The ΟΒΙ may 
amend the compensation to be paid provided that there is evidence based on which 
the defined compensation is manifestly inappropriate. Any application regarding the 
amendment of the compensation shall be submitted after one (1) year from the issue 
of the decision on its determination. Any decisions taken by the OBI regarding the 
determination or amendment of the compensation to be paid shall be subject to 
cancellation audits carried out by the Council of State. 8. Upon decision issued by 
the Minister of Economy and Development and the competent Ministers as the case 
may be, registration of the public offering for contractual licenses and the procedure 
to be followed for the consensual resolution of disputes shall be also determined”. 
Article 5 Amendment of the provisions of Law 1733/1987 on non-contractual licensing Article 13 of Law 1733/1987 shall be replaced as follows: “Article 13 Non-
contractual licensing 1. The Hellenic Industrial Property Organisation (OBI) may 
grant to a third party, without the consent of the holder, a non-contractual patent 
license provided that the following conditions are cumulatively met: a. three years 
have elapsed since the grant of the patent or four years from the filing of the patent 
application, b. the related invention was not exploited in Greece or, if it was, that 
216 exploitation is insufficient to meet domestic demand. For the purposes of this 
section, exploitation also refers to the importation of products manufactured in any 
Member State of the World Trade Organization. 2. A non-contractual license shall 
not be granted if the patent holder justifies nonexploitation or inadequate 
exploitation in the country. 3. Non-contractual license shall be: a. non-exclusive, b. 
non-assignable, except with that part of the enterprise or goodwill which enjoys the 
license, c. limited to those acts necessary for achieving the purpose for which the 
license has been granted, d. mainly used to cover the domestic demand, e. if granted 
for a major patent, the license shall extend to the supplementary protection 
certificate, f. where the patent relates to semiconductor technology, the license may 
be used only by state authorities for non-commercial purposes or to remove the 
consequences of a practice which has been found to be anticompetitive, following 
judicial or administrative proceedings. 4. The patent holder may request the OBI to 
grant a non-contractual license of an earlier patent, as long as his/her invention 
relates to the invention of the earlier patent and it cannot be exploited without 
prejudice to the rights of the holders of the prior patent. License is granted only if 
the invention of the later patent is based on significant technical progress of great 
economic importance in relation to the invention of the earlier patent. After the 
license is granted, the holder of the first patent shall be entitled to obtain parallel 
licensing on reasonable terms for the use of the invention enshrined in the second 
patent. The compulsory license of the first patent can only be granted jointly with 
the second patent. 5. The non-contractual license shall be granted upon application 
of the interested party to OBI. The application shall be accompanied by evidence 
that the person concerned has endeavored to obtain the holder license on reasonable 
financial terms and conditions, and these efforts have not been successful within 
thirty (30) days of the commencement of negotiations. The OBI shall issue a decision 
on the application within sixty (60) days of the filing date of the application. A copy 
of the application for a non-contractual license shall be notified to the patent holder. 
The latter may submit his observations in writing to the OBI within twenty (20) days 
of the date of notification of the application. 6. If the application is accepted, the OBI 
grants the non-contractual license. The license shall contain the scope of the patent, the duration of its validity, the period of time, within which the invention shall enter 
into force in Greece, as well as the amount and conditions of the patent holder’s 
compensation by the licensee. The amount and conditions of compensation shall be 
determined according to the extent of the industrial exploitation of the protected 
invention. 7. The decision referred to in paragraph 6 shall be registered in the Patent 
Register, published in the Industrial Property Bulletin and notified to the persons 
referred to in paragraph 5. The decision shall enter into force on the date of its 
publication in the Industrial Property Bulletin. 217 8. Upon application of the patent 
holder or the non-contractual licensee, the OBI may amend the licensing conditions 
if there is new evidence justifying the amendment, or revoke the noncontractual 
license if its holder does not apply the conditions of the license or if the conditions 
for granting it have ceased to exist. The decision of the OBI on the application for 
revocation or amendment of the license shall be issued within thirty (30) days of the 
filing of the application. If immediate revocation causes significant harm to the 
holder of the non-contractual license, the OBI may allow the exploitation to continue 
for a reasonable period of time, which must be clearly specified. Paragraph 7 shall 
apply accordingly. 9. The holder of a non-contractual license has the same rights and 
obligations as the patent holders. 10. The decisions of the OBI to grant, amend or 
revoke non-contractual licenses are subject to the judicial review of the Council of 
State.” Article 6 Amendment of the provisions of Law 1733/1987 on compulsory 
licensing Article 14 of Law 1733/1987 shall be replaced as follows: “Article 14 
Affiliation to compulsory licensing regime 1. For compelling reasons of public 
interest, a patent may be subject to compulsory licensing, following the opinion of 
the OBI, by decision of the Ministry of Economy and Development and the relevant 
Ministries as appropriate. 2. Public interest reasons arise when: a. patent-protected 
products or production methods are made available to the public in inadequate 
quantity, quality, or at abnormally high prices compared to prices of similar products 
in similar markets, b. the exploitation of this patent is for public health reasons, c. 
patent exploitation is an act of unfair competition, d. the patent exploitation is 
necessary to comply with a standard that serves the public interest, e. lack of patent 
exploitation affects the country’s economic and technological development. 3. Prior 
to the adoption of the decision referred to in paragraph 1, the patent holder and any 
other person capable of giving useful advice are invited to state their views. 4. The 
decision referred to in paragraph 1 shall, upon opinion of the OBI, determine the 
amount and conditions of compensation to the patent holder. The amount of 
compensation shall be determined by the extent of the industrial exploitation of the 
invention. In the event of disagreement of the patent holder on the amount of the compensation, the compensation shall be determined by the local Single Judge Court 
of First Instance in the proceedings for interim measures. 5. Following the affiliation 
of a patent in a compulsory licensing regime, any interested party may apply to the 
Ministry of Economy and Development for the grant of such patent license. The 
license shall be issued by decision of the Ministry of Economy and Development, 
which specifies the license duration and scope. Article 13 (3) shall apply 
accordingly. 218 6. For reasons relating to the national defence of the country, an 
invention within the State may be granted to public sector bodies by reasoned 
decision of the Ministries of Economy and Development and the Ministry of 
Defence. In this case, the patent holder shall be informed of the license granted 
within ten (10) days of the date of publication of the decision at the latest. Paragraphs 
2 to 5 shall apply accordingly.” Article 7 Compulsory licensing Following Article 
14 of Law 1733/1987, Article 14A shall be added as follows: “Article 14Α 
Compulsory licensing under Regulation (EC) 816/2006 1. Applications for 
compulsory licenses under Regulation (EC) No. 816/2006 of the European 
Parliament and of the Council of 17th May 2006 (OJ L 157) shall be submitted to 
the OBI. The license shall be granted subject to the conditions laid down in Articles 
6 to 10 of the Regulation and must be clearly defined as to the duration, scope and 
compensation paid to the holder of the patent, for which the compulsory license has 
been granted. 2. The compulsory license shall enter into force on the date of 
notification of the OBI’s decision accepting the application to the applicant and the 
patent holder 3. The OBI may revoke the compulsory license in accordance with 
Article 16 of Regulation (EC) 816/2006, if the licensee does not comply with its 
conditions. 4. Any infringement of Article 13 of Regulation (EC) No. 816/2006 and 
Article 2 of Regulation (EC) No. 793/2016 of the European Parliament and of the 
Council of 11th May 2016 (OJ L 135) shall be regarded as infringement of the patent, 
for which the compulsory license has been granted. 5. The decision of the OBI to 
issue a compulsory license under Regulation (EC) No. 816/2006 is subject to the 
judicial review of the Council of State. Article 8 Arrangements for technology pools 
Following Article 22K of Law 1733/1987, Article 22P shall be added as follows: 
“Article 22P Technology pools 1.Technology pools (technology exploitation 
consortia) mean agreement whereby two or more parties create a single technology 
project for which a license is granted. The agreements for setting up a technology 
pool are listed in the Technology Transfer Register and published in the Industrial 
Property Bulletin. 2. The establishment and operation of technology pools which have as their object essential technologies, including the 
licensing thereof, shall meet the following conditions: a. participation in the creation 
of the consortium is open to all interested technology right holders, b. adequate 
safeguards are provided to ensure that the consortium deals only with essential 
technologies which must be also complementary, c. adequate safeguards are 
provided so that the exchange of sensitive information is limited to those necessary 
for the establishment and operation of the consortium, d. licenses for the 
technologies covered by the consortium are granted to the consortium on a non-
exclusive basis, 219 e. licenses for the technologies covered by the consortium are 
granted to all potential licensors and on fair and reasonable terms that are 
nondiscriminatory, f. parties contributing technology to the consortium and licensors 
are free to question the validity and fundamental nature of the technologies covered 
by the consortium, g. parties contributing technology to the consortium and licensors 
remain free to develop competing products and technologies. 3. Technology pools 
dealing with nonessential technologies should be examined on a case-by-case basis 
for compliance with competition law. 4. By decision of the Ministry of Economy 
and Development and the relevant Ministries as appropriate, a consortium may be 
set up to exploit specific technology to cover social needs, as well as to raise funds 
to promote technological development in specific areas.”