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

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

Attorney Oran Friar and trainee attorney Harry Cunliffe at Reddie & Grose, share that patent filings for clinical LLMs are surging, but success in the UK and Europe hinges on demonstrating technical innovation
Implementers can use the UK courts to seek FRAND terms for patent pool licences
The first credible UPC spinouts are growing, and they are coming from elite patent litigation teams, suggesting specialist litigators may no longer need large platforms to compete
Voyage IP has hired a veteran IP leader from Spruson & Ferguson as its head of trademarks, as well as another consultant who will boost the firm’s commercial offering
Lawyers say unwritten appearance expectations can disproportionately affect women and junior talent, making proactive guidance a growing responsibility for law firm leaders
Apple’s lawsuit against OpenAI, which features Tier 1-ranked disputes firms on both sides, reflects how trade secrets litigation is becoming a prominent competition feature
Drew & Napier’s leadership appointments show one way full-service firms can back up claims about the strategic importance of IP
Strike-out application will hear claims that the copyright aspect of an IP infringement claim brought by a gambling and sports betting group should be dropped
Amongst a sea of mergers, Lathrop GPM and HG Law have set out plans to combine, positioning themselves to compete with both IP boutiques and full-service firms
Patrícia Paias explains why she loves the science and business behind an idea and why potential rights owners must avoid the ‘file and forget’ philosophy
Gift this article