Greece: New law amends rules concerning patent licences

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: New law amends rules concerning patent licences

Law 4605/19, enacted last week, introduced important amendments to Greek patent law and more specifically to the provisions relating to licences.

According to the new provisions, a licence agreement concerning a patent will only take effect once it is recorded in the patent register.

Furthermore, the new law includes amendments and new provisions regarding compulsory licences in an effort to make these more practical and attractive. According to the new provisions, competence for the grant of compulsory licences at the request of a third party, in case the invention has not been worked by the patentee, is transferred from the civil courts to the patent office. The latter is also responsible for determining the terms of the compulsory licence, including the scope, duration and royalties.

The provisions relating to compulsory licences granted in the public interest by the state are also amended. According to the new provisions, the Ministries of Finance and Development together with any competent ministry may decide to subject a patent to the regime of compulsory licences for reasons of public interest. Such reasons are (i) that the products or processes under the patent are provided to the public in insufficient quantities, quality or that their price is unusually high compared to the price of similar products in other markets, (ii) public health reasons, (iii) the exploitation of the patent is considered an act of unfair competition, (iv) the exploitation of the patent is necessary to comply with a standard for reasons of public interest or (v) the lack of exploitation of the patent harms the economic and technological development of the country.

Once a patent is subjected to the above regime, any interested third party may file a request for the grant of a licence from the minister of finance and development. The duration and scope of the licence are established by the decision.

Under the former legal regime no compulsory licence was ever granted. According to the explanatory memorandum of the new law, the amendments aim to change that and provide a flexible and reliable legal framework that would allow optimum use of inventions for the overall benefit of the public.

kilimiris.jpg

Constantinos Kilimiris


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

more from across site and SHARED ros bottom lb

More from across our site

The firm says new role will be at the forefront of how it delivers value and will help bridge the gap between lawyers, clients and tech
Qantm IP’s CEO and AI programme lead discuss the business’s investment and M&A plans, and reveal their tech ambitions
Controversial plans were scrapped by the Commission earlier this year after the Parliament had previously backed them
Lawyers at Spoor & Fisher provide an overview of how South Africa is navigating copyright and consent requirements to improve access to works for blind and visually impaired people
Gillian Tan explains how she balances TM portfolio management with fast-moving deals, and why ‘CCP’ is a good acronym to live by
In the eighth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP Ability, a network for disabled people and carers active in the IP profession
The longest government shutdown in US history froze ITC operations, yet IP practices stayed steady as firms relied on early preparation and client communication
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
Gift this article