Greece: Infringement by equivalence affirmed

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: Infringement by equivalence affirmed

While the doctrine of equivalents exists in theory in most Greek legal textbooks, judgments applying this theory in practice are scarce in Greece. A recently issued judgment by the Athens Court of First Instance in preliminary injunction proceedings is an important addition to this rather small number of judgments.

The dispute at issue arose when a foreign pharmaceutical company filed a preliminary injunction application against a Greek pharmaceutical company, which manufactured a pharmaceutical solution for export abroad, claiming infringement of its patented manufacturing process.

The defendant argued that its manufacturing process was different highlighting, inter alia, a difference in the order of the steps performed for the preparation of its pharmaceutical solution compared to the patented process.

The Court was not convinced by the defendant's line of defence. After providing an analysis of the doctrine of equivalents theory, the judgment found that both processes employ the same material and that the steps performed are the same. The judge added that the main features of the invention were present in both processes and that the change in the order of the process steps by the defendant had no significance for the final result.

A preliminary injunction was thus granted ordering the defendant to cease any productive activity infringing the patent, to recall the manufactured products and to provide the claimant with all information necessary to identify any parties involved in the distribution and marketing of the infringing products abroad. Furthermore the Court ordered the provisional seizure of any infringing products found in the possession of the defendant or any other party deriving rights therefrom.

A further interesting aspect of this judgment is that the products were not manufactured to be sold in Greece but were only intended to be exported for sale in foreign markets. The grant of a preliminary injunction against the manufacturer may therefore constitute an effective strategy in preventing those sales in a larger number of countries.

kilimiris.jpg

Constantinos Kilimiris


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

The firm is shaping its AI strategy around partnerships with Harvey and Legora alongside internally developed tools from its legal technology company, ELTEMATE
A dispute Down Under shows why trademark lawyers cannot afford to wait on the sidelines when a rival brand gathers momentum
The Third Circuit’s decision in Thomson Reuters v ROSS marks the first appellate-level decision addressing AI and fair use, prompting copyright counsel to consider arguments around potential licensing markets
Injunctions for HandsFree Labs and Align Technology come as the Court of Appeal warns that busy teams must have the staffing and resources to meet UPC deadlines
The chief technology officer remit, which has been created as the firm is building its litigation team, will include expanding the use of AI in patent and legal work and automating manual processes
Former Hoyng Rokh Moneiger partner Laura Alonso, who brought her team to ECIJA in March, discusses plans to expand further and why ECIJA’s ‘IP DNA’ is helping broaden her work
Amita Haylock discusses building an integrated Asia practice as clients increasingly demand that firms combine IP, technology and data expertise
François Pochart, Grégoire Desrousseaux and Lionel Martin, long-standing figures in the firm’s patent litigation team, are set to help launch a Paris-based litigation offering
The Unitary Patent has passed 100,000 registrations, but new data raises the question of whether 30% uptake is a ceiling or a staging post for further growth, say Michael Nielsen and Darren Smyth of EIP and Andrew Samm at Patently
The new generation of in-house IP leaders want commercial judgment, accessibility and flexibility, with AI raising expectations around both fees and delivery
Gift this article