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

News of Ultrahuman suing Oura in India and Apple accusing Oppo of trade secret theft were also among the top talking points
The firm has added six practitioners in recent weeks as it takes measured steps to build its IP practice with a focus on trade secrets work
Partners at law firm Silva reveal how their recent geographical indication win in India for Chilean Pisco paves the way for future victories internationally
Lawyers at Finnegan unpick the UK government’s SEP consultation, and offer tips for patent litigators
In major recent developments, a request for automatic service to counsel in provisional proceedings was rejected and a PI covering Spain was granted
Julia Ericsson of Sandart in Sweden discusses litigating patents at the UPC, overcoming prejudice and how to encourage associates to develop their careers in IP
Reed Smith lawyers say that with the UK’s AI law in a state of flux, IP owners should look beyond the country's borders
We preview Managing IP’s ‘IP Ones to Watch’ list, meet our newest recruit, and look back over the final law firm rankings release of the year
Michael Conway and Flora Hachemi of Haseltine Lake Kempner consider what brand owners and prospective trademark applicants need to know in the wake of the UKIPO’s SkyKick guidance
Our exclusive survey reveals German firms are failing to manage costs and develop young talent, but some counsel believe this is happening behind the scenes
Gift this article