Greece: PI maintained despite non­final ruling on infringement

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

Cookies Settings

Greece: PI maintained despite non­final ruling on infringement

According to the Greek Code of Civil Procedure, while a main infringement action is pending, the defendant has the right to request that a preliminary injunction, previously granted for the same cause of action and between the same parties, be lifted on the basis of either an error in law or/and of an error in fact.

In a recent judgment regarding a main patent infringement action, the Greek Full Bench Court of First Instance specialised in IP matters maintained a preliminary injunction previously granted by the Single Court of First Instance and set aside the defendant's relevant request on the following grounds:

1) The Full Bench Court appointed experts to address questions on the patent's infringement. In this context, it was held that at this stage of proceedings the Full Bench Court could not overturn the ruling delivered in preliminary injunction proceedings, namely that the patent was valid and infringed. In this regard, it was emphasised that the Full Bench Court was not in a position to rule, either with certainty or with a probability on the patent's infringement, without the technical assistance of the appointed experts.

2) The balance of convenience was in the claimant's favour, as the latter's harm, should the preliminary injunction be lifted, was found to be hardly reversible, as opposed to the harm to be suffered by the defendant if the injunction remained in force.

In this remarkably sophisticated judgment, the injunction granted, survived by having passed a twofold test, as set under (1) and (2) above. In essence, the Court of the main action maintained the injunction because the claimant passed test (1) – the infringement test before the Court in injunction proceedings and test (2) – the balance of convenience test before the Court of the main action.

The Full Bench Court emphasised that it may reassess its position following delivery of the appointed expert's report, even in the form of a nonfinal judgment. This seems to be a stepbystep approach, with no previous case law precedent, that may well safeguard just and fair results in patent litigation that is highly complex in both legal and technical terms.

metaxakis.jpg

Manolis Metaxakis


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

Anita Polott, who is celebrating three decades at Morgan Lewis this year, reflects on career progression, stepping into unfamiliar territory, and leadership frameworks
Technical excellence remains essential, but many firms are discovering that packaging IP with complementary practice areas can unlock new clients and a stronger competitive position
As international interest in Southeast Asia grows, Sheng Rong Tng discusses how changing client demands and the firm’s multidisciplinary model are helping it compete for complex regional mandates
Todd Hopfinger, director in Sterne Kessler’s electronics practice group, says IP owners are contemplating how patent rights will be enforced as commercial activity expands beyond Earth
Christopher Stothers' arrival strengthens the firm's life sciences, technology and UPC offering as competition for top European litigators intensifies
Armstrong Teasdale’s Jim Heinen Jr discusses the challenge of balancing billables, business development and family life and explains why not all patent lawyers are science nerds
From cross-border jurisdiction to the end of the transitional period, Powell Gilbert’s Ioana Sabau and Bryce Matthewson predict the biggest talking points ahead
A wave of office launches and lateral hires reflects the draw of patent disputes, but booming AI, semiconductor and data centre markets are offering an even bigger IP opportunity
The hire of Frederick Nicolle as a partner continues Pinsent Masons' expansion while reducing Simmons’ patent prosecution offering in London to zero
The expansion into Granada forms part of a national ‘decentralisation’ strategy focused on providing proximity to research and tech businesses away from traditional hubs
Gift this article