Greek court rules on trademark infringement in connection to UK-domiciled entities after Brexit

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

Greek court rules on trademark infringement in connection to UK-domiciled entities after Brexit

Sponsored by

patrinos-logo.png
amy-humphries-2m-sdj-agvs-unsplash.jpg

Evangelia Sioumala of Patrinos & Kilimiris looks at a recent judgment that examines the applicability of Regulations 1215/2012 and 2017/1001 when it comes to entities domiciliated in UK, following Brexit

The Athens Multi Bench Court of First Instance, Special Department of Commercial Law, recently had to deal with the question of whether it had jurisdiction to decide on a case concerning trademark infringement, where the defendant was an entity domiciliated in the UK.

The plaintiff was a Greek company and the owner of three trademarks (two national and one EUTM) which were alleged to be infringed in Greece. The main infringement action was filed on May 2 2019, while the case was heard on January 20 2021.  

Assessing the issue of the choice of jurisdiction in the above case, the court inevitably dealt with the relevant provisions of Regulations (EU) Nos. 2017/1001 and 1215/2012.

In this respect, the court stated that the provisions of the Regulations 1215/2012 and 2017/1001 are directly applicable to any action against UK domiciliaries until December 31 2020, that is the date of expiry of the transitional period after provided for under 2019/C 384 I/01.

Furthermore, it was held that the decisive factor to determine the applicability of the above-mentioned EU legislation in connection with a UK-based entity is the time, when the main infringement action was filed, whereas other factors, such as the hearing date or the day, when the judgment is to be delivered are not relevant in this respect.

In view of the above, the Greek court ruled that it was within its jurisdiction to try the case, regardless of the fact that the hearing took place on January 20 2021, i.e. after the expiry of the transitional period mentioned above, since the main action was filed on May 2 2019, i.e. before the expiry of the transitional period at issue.

 

Evangelia Sioumala

Associate, Patrinos & Kilimiris

E: esioumala@patrinoskilimiris.com

 

 

more from across site and SHARED ros bottom lb

More from across our site

Cabinet M Oproiu’s Raluca Vasilescu explains why AI is changing what clients expect from patent attorneys, where the technology is overhyped and what the next generation will need to do differently
As clients demand more flexible fees and AI-driven efficiencies, IP firms are rethinking pricing without abandoning the value of their work
HG Law was formed largely by ex Fish & Neave lawyers who left after the latter's merger with Ropes & Gray; now those experiences are shaping its latest combination
David Rodrigues and Evan Lazerowitz – attorneys at Robinson & Cole – offer practical guidance on the steps a business might consider to preserve and maximise IP value before entering financial distress or insolvency
Daniel Law CEO Alicia Daniel-Shores may have stepped into a family business, but she has spent two decades building her own vision around technology and litigation
Law firms don't particularly like saying no to clients. Perhaps they should get better at it
The office, which has a relatively new patent litigation team as well as a wider ‘soft’ IP offering, would remain independent if the rejection is rubberstamped
The IP boutique is betting that growing investment in quantum and semiconductors will fuel demand as technology shifts toward physical systems
Lawyers say the overhaul better reflects commercial reality, with changes spanning novelty searches, digital designs and access to a small claims track, but stopping short of criminalising unregistered design infringement
Carpmaels & Ransford hires its fourth partner of the year and wins access to UPC files, as fresh orders address costs, confidentiality and the use of divisional patents
Gift this article