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 2026

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

Regulatory changes and damages risks are prompting Canadian firms and clients to opt for settlements in generic and biosimilar cases
News of Via Licensing Alliance adding two new members and Nokia’s proposal to extend interim licences to Warner Bros Discovery and Paramount were also among the top talking points
A new claim filed by Ericsson, and a request for access to documents, were also among recent developments
Cooley and Stikeman Elliott advised 35Pharma on the deal, which will allow GSK to get its hands on S235, an investigational medicine for pulmonary hypertension
Simon Wright explains why the UK should embrace the possibility of rejoining the UPC, and reveals how CIPA is reacting to this month’s historic Emotional Perception AI case at the UK Supreme Court
Matthew Grady of Wolf Greenfield says AI presents an opportunity in patent practice for stronger collaboration between in-house and outside counsel
Aparna Watal, head of trademarks at Halfords IP, discusses why lawyers must take a stand when advising clients and how she balances work, motherhood and mentoring
Discussion hosted by Bird & Bird partners also hears that UK courts’ desire to determine FRAND rates could see the jurisdiction penalised in a similar way to China
The platform’s proactive intellectual property enforcement helps brands spot and kill fakes, so they can focus on growth. Managing IP learns more about the programme
Hire of José María del Valle Escalante to lead the firm’s operations in ‘dynamic’ Catalonia and Aragon regions follows last month’s appointment of a new chief information officer
Gift this article