According to the Greek law on trade marks, administrative authorities (the Trade Mark Administrative Commission and the administrative courts on appeal) have exclusive jurisdiction on all disputes relating to the right on a trade mark, while civil courts have exclusive jurisdiction on all disputes relating to a trade mark infringement. Naturally, this dualism in jurisdiction may give rise to several concerns in cases, where there may well be an overlap. A typical example would be a trade mark infringement case, where the defendant raises the objection that the claimant's trade mark, sought to be protected, lacks distinctive character or has become of common use.
In a trade mark infringement case recently heard before the division of the Athens Full Bench Court of First Instance (civil court) specialising in IP cases, the defendant raised this mentioned line of defence. Under judgment 585/2010 it was held that a civil court may not assume jurisdiction on matters relating to the validity of a trade mark right and, consequently, the defendant's objections were set aside as inadmissible.
On the other hand, if the defendant sought to have the claimant's trade mark invalidated before the competent administrative authority, before or after infringement proceedings commenced, it is in the civil court's discretion to stay proceedings until an irrevocable judgment be rendered in this respect.
It is worth noting that unlike trade mark laws, patent laws in Greece provide for the civil court's exclusive jurisdiction in relation to both a patent's invalidity on substantive grounds and a patent's infringement. This regime, no doubt favours faster and more effective judicial protection by excluding untoward delays.
 |
| Manolis Metaxakis |
Patrinos & Kilimiris
7, Hatziyianni Mexi Str.
GR-11528 Athens, Greece
Tel: +30210 7222906, 7222050
Fax: +30210 7222889
info@patrinoskilimiris.com
www.patrinoskilimiris.com