Greece: Parallel imports ruling raises questions

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Greece: Parallel imports ruling raises questions

In a recent case relating to a product (a medical device) that treats coughs, some interesting issues were raised regarding parallel imports, repackaging and unfair competition.

The Greek distributor of this product brought a preliminary injunction (PI) action against a parallel importer of the same product that was imported from another EU member state. The defendant had attached its name and a summary of useful information to a label on the package of the product and, additionally, it had inserted a leaflet within the package containing the product's critical information in the Greek language. The action was based on unfair competition rules rather than on trade mark law.

The PI judge ruled that there is no unfair competition on the part of the defendant as the information, either attached or inserted, was necessary for the product's launch on to the Greek market. However, the PI judge did not further consider whether the defendant's above-mentioned actions constitute "repackaging" as defined by the EU case law regarding exhaustion of trade mark rights.

According to the Greek unfair competition rules, any purposeful competitive act that runs contrary to public morals is prohibited. In that sense, if the defendant's above-mentioned acts were to be found to be an impermissible "repackaging", this might well mean that they constitute an act running contrary to public morals, even if trade mark protection is not directly invoked.

Notably, the PI judge dismissed the trade mark owner's intervention filed in favour of the claimant by ruling that the trade mark owner should have chosen a procedural remedy under which an independent protection against the defendant would have been sought.

It seems that this judgment is not free from difficulties, which are anyway frequently present in parallel imports cases. It is certain though that a coughing out ruling does not help legal clarity.

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

more from across site and SHARED ros bottom lb

More from across our site

Licensing chief Patrik Hammarén also reveals that the company will rename its IPR business to better reflect its role in defining standards
The acquisition of Pecher & Partners follows the firm’s earlier expansion into litigation to create a ‘one-stop shop’
News of Via Licensing Alliance launching its first semiconductor patent pool and INTA electing a new president were also among the top talking points
Submit your nominations to this year's WIBL Americas Awards by January 23
The 2026 Life Sciences EMEA Awards is now open for entries. We are looking forward to reviewing and celebrating the industry's most impressive achievements and landmarks from the past year.
The tie-up between Perkins Coie and Ashurst may generate some striking numbers, but independent IP firms need not worry yet, according to practitioners
Perkins Coie’s US patent prosecution strength could provide Ashurst with an opportunity to enter an untapped market in Australia, but it may not be easy
Mitesh Patel at Reed Smith outlines why the US Copyright Office and courts have so far dismissed AI authorship and how inventors can protect AI-generated works
Xia Zheng, founder of AFD China, discusses balancing legal work with BD, new approaches to complex challenges, and the dangers of ‘over-optimism’
A dispute involving semiconductor technology and a partner's move from Hoffman Eitle to Hoyng Rokh Monegier were also among the top talking points
Gift this article