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

IP services firm says new platform will cut patent portfolio analysis from months to minutes and optimise monetisation efforts
New role for the High Court judge will leave a gap for an IP specialist judge at the first instance
Laura Achával, founder of Achával IP in Argentina, shares how an evolving vision led her to launch her own practice
Monetisation is standing at the forefront of patent development, and one firm says AI is increasingly being deployed
Data centres are being built across the US, prompting patent disputes, but Texas’s thriving tech industry and patent-ready courts make the state particularly ‘ripe’ for litigation
Carpmaels & Ransford is set to bolster its UK attorney team with the appointment of Simmons & Simmons’s head of IP in the UK
Updates on Nokia’s licensing strides and a surge in patent activity around battery recycling in Australia were also among the top talking points
To mark International Day Against Child Labour, Matteo Amerio at Corsearch says the people inside businesses who can identify counterfeiting risks must be given the tools and authority to act
With genuine equity at IP firms becoming rarer, securing partnership is harder than ever, but increased transparency is also making climbing the ladder more predictable
Yossi Sivan explains how Israeli judgment is a pro-brand owner departure from the norm and why it sends a strong message that corporate structures are not always a shield
Gift this article