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Greece: Licence recordals under the New Trade Mark Law




Under the provisions of previous Greek Trade Mark Law No 2239/1994, the recordal of a licence agreement with the Trade Marks Registry was compulsory and a decision of the Trade Marks Administrative Commission on the acceptance of such an agreement was required.

According to the provisions of the New Greek Trade Mark Law regarding licence agreements which came into force in April 2012, such an examination and approval of licence agreements is no longer required and licences can now be recorded upon a petition of either the licensor or the licensee. In particular the relevant provisions of the Law provide that "the licence agreement must be in writing. Either the applicant, by its declaration, or the licensee, by applicant's authorisation, request the recordal of the licenve with the trade mark registry".

The interpretation of the new provisions of the law is uncertain however as to whether such a recording simply provides notice to third parties of the existence of a licence agreement, or that in order for a license to be effective against third parties, the licence agreement should be recorded with the Trade Marks Registry.

In a recent decision of the Trade Marks Administrative Commission which ruled on opposition procedures, the opponent claimed prior trade mark rights based on a licence agreement granted to him.The Commission however ruled that those prior rights could not be taken into consideration because the licence agreement between the parties was never recorded with the Trade Marks Registry.

The Trade Marks Administrative Commission based its decision on the provisions of the New Greek Trade Mark Law which provide that "either the applicant, by its declaration, or the licensee, by applicant's authorisation, request the recordal of the licence with the trade mark registry".

It therefore appears that although the procedure for recording a licence agreement has indeed been simplified, the recordal of the agreement is still compulsory in order to have effect towards third parties.

Maria Kilimiris

Patrinos & Kilimiris

7, Hatziyianni Mexi Str.
GR-11528 Athens
Greece
Tel: +30210 7222906, 7222050
Fax: +30210 7222889
info@patrinoskilimiris.com
www.patrinoskilimiris.com


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