Greece: Immediate effect/enforceability of relevant orders for parallel imports
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

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

Greece: Immediate effect/enforceability of relevant orders for parallel imports

In a recent case relating to automotive spare parts parallel imports, an interesting issue was raised regarding immediate effect/enforceability of the Court`s order on commercial information disclosure.

More specifically, the Athens Special IP Full-Bench Court, ruling on a trade mark proprietors' main infringement action against a Greek grey – importer company, ordered the latter, among others, to provide the claimants with legally certified copies of all commercial invoices by way of which, the products of trade mark proprietors, being the subject of said main action, were purchased by the defendant and sold to third parties and also to provide the claimants with a written statement containing the full particulars of any natural or legal entity, from whom products of the same nature were purchased, both covering a specific time period, and both at the defendant's own expense.

The above may be considered as standard practice/ruling, in the case that main infringement actions relating to parallel imports have been accepted, according to the IPED, the domestic trade mark law provisions and relevant case-law.

What is new, is that the aforementioned Court`s order has not been declared provisionally enforceable, on the basis of the following interesting ruling: Court orders that are issued pursuant to Articles 452 and 904 par.2 of the Greek Code of Civil Procedure, like the one discussed above, are considered to be immediately enforceable/effective against the defendant; therefore, neither the Court shall declare their provisional enforceability, nor should the claimants wait until they become final and irrevocable in order to be enforced.

Notably, it seems that said judgment sets new standards on Court`s orders regarding commercial information disclosure, which are anyway frequently present in parallel imports cases, for the sake of simplification and acceleration of proceedings as well as trade mark proprietors` relief.

Georgios Panagopoulos


Patrinos & Kilimiris7, Hatziyianni Mexi Str.GR-11528 AthensGreeceTel: +30210 7222906, 7222050Fax: +30210 7222889info@patrinoskilimiris.comwww.patrinoskilimiris.com

more from across site and ros bottom lb

More from across our site

Data from Managing IP+’s Talent Tracker shows US firms making major swoops for IP teams, while South Korea has also been a buoyant market
The finalists for the 13th annual awards have been announced
Counsel reveal how a proposal to create separate briefings for discretionary denials at the USPTO could affect their PTAB strategies
The UK Supreme Court rejected the firm’s appeal against an earlier ruling because it did not raise an arguable point of law
Loes van den Winkel, attorney at Arnold & Siedsma, explains why clients' enthusiasm is contagious and why her job does not mean managing fashion models
Allen & Gledhill partner Jia Yi Toh shares her experience of representing the winning team in the first-ever case filed under Singapore’s new fast-track IP dispute resolution system
In-house lawyers reveal how they balance cost, quality, and other criteria to get the most from their relationships with external counsel
Dario Pietrantonio of Robic discusses growth opportunities for the firm and shares insights from his journey to managing director
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Law firms that pay close attention to their client relationships are more likely to win repeat work, according to a survey of nearly 29,000 in-house counsel
Gift this article