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

A lack of comfort among some salaried partners shows why law firms must actively foster inclusion, not merely focus on diversity mandates
Arrival of Laura Alonso, alongside a team of 11, will bring ‘significant value’ to ECIJA clients, says CEO
In the first of a two-part article, lawyers at Spruson & Ferguson and Marshall Gerstein provide an overview of China’s system for appealing against patent invalidation decisions
Lawyers and corporate leaders at INTA’s Business of M&A conference in New York discussed how cross-practice collaboration and early in-house involvement can help deals
Lily Li, partner at Morrison Foerster, shares how her litigation team helped secure victory at the ITC in a patent infringement case
Top talking points also included news of an appellate ruling concerning ‘Pisco’ and Indian drugmakers gearing up to launch generic versions of Ozempic as Novo Nordisk’s patent expires
The government’s keenly awaited view on AI and copyright has positive themes but leaves rights owners wanting, says Rebecca Newman at Addleshaw Goddard
While IP Australia’s updated manual could be favourable to computer-implemented inventions, stakeholders would like to see whether a consistent and reliable standard is followed during actual examination
UKIPO will remain a competitive option as long as efficient service continues
A future opt-out has not been ruled out, but practitioners warn that the UK could fall behind in the AI race
Gift this article