Quantification of damages not an admissibility requirement for a preliminary injunction in Greece

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

Quantification of damages not an admissibility requirement for a preliminary injunction in Greece

Sponsored by

patrinos-logo.png
money-167733.jpg

Constantinos Kilimiris of Patrinos & Kilimiris reports on a case that brings renewed clarity to the issue of whether an estimate of damages must be provided by a patent holder applying for a preliminary injunction

The Athens First Instance Single Member Court was recently called to examine the issue of whether quantification of damages is a prerequisite in order to uphold urgency for the grant of a preliminary injunction in the context of a pharmaceutical patent’s infringement.

Background to the case

The case involved a preliminary injunction application in the name of an originator pharmaceutical company against a company attempting to market at-risk generic products falling within the scope of a pharmaceutical patent. The generic company, inter alia, objected to the preliminary injunction sought, arguing that the claimant had failed to provide an estimate of the damages to be suffered in the event of actual launch of the generic products at issue on to the market.

Such an objection was based on a couple of judgments of the same court, according to which the quantification of damages was compulsory in order for the court to assess whether the harm to be suffered would justify the grant of a preliminary injunction.

The court’s ruling

The court rejected the objection, ruling that the claimant does not have the burden to specifically quantify damages in order to satisfy the condition of urgency, provided that there are other circumstances showing urgency in the case under consideration.

This judgment is in line with a well-established case law and practice of the Greek courts, which have routinely granted preliminary injunctions under similar circumstances, as well as with the case law of the Court of Justice of the EU, under which a launch at risk under similar circumstances may constitute an objective indication of irreparable harm for the patent holder.

The court accepted this line of reasoning, ruling that the marketing of a generic product that is covered by a patent in force involves the risk of an important monetary damage for the patent holder but also of damage to the reputation of the patent holder and the pharmaceutical product at issue.

The fact that the generic company had already launched the product in suit before the grant of a temporary restraining order did not change the finding of the court in relation to urgency, since it was ruled that any such sales have taken place without a legal right.

Impact of the decision

This judgment seems to put things back on track, if they had ever gone astray, and lift any doubt that might have been raised by a couple of judgments to the contrary, and definitely contributes to the effective judicial protection of patent rights.

more from across site and SHARED ros bottom lb

More from across our site

Loke Khoon Tan and Stephanie Yip at Dentons explain what brand owners need to know ahead of January 1 2027, when updates to China’s Trade Mark Law come into force
New US bills signal that firms should work with clients to ensure they are complying with potential regulatory requirements
Octavio Espejo of Becerril, Coca & Becerril explains how sweeping patent reforms reshape filing strategies, prosecution, and divisional application practice
The UK Supreme Court’s decision in Tesla v Avanci enhances the UK's attractiveness for global FRAND battles, say lawyers at Simmons & Simmons
PE-backed practices now comprise the majority of ranked firms for patent prosecution in the Netherlands, but competitors are confident about their decision to remain independent
The firm says new additions position Brown Rudnick as a market leader in tech, life sciences, and global litigation
Richard Quatrano, counsel at Olshan Frome Wolosky, shares why technology M&A buyers and sellers must verify written IP assignments, as broken ownership chains can undermine valuation, deal terms, and closing certainty
Appointment of AI and copyright expert Anna Naydonov, as well as another partner from Orrick, shows how firms can attract top litigators through leveraging the power of their existing teams
K&L Gates and Baker Botts have recruited leading patent practitioners from Wende IP and EIP, respectively, as they seek to strengthen European patent litigation capabilities
The departure of a large chunk of Spruson & Ferguson's legacy leadership could have destabilised the firm, but it's fighting back with strategic hires and promotions
Gift this article