In review: key recent IP developments and trends in Greece

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Recent developments

In Greece, a work of authorship is protected by copyright upon its creation, without the need for a filing or other registration formality. Despite the lack of registration or filing requirements, the Hellenic Copyright Organisation (HCO) introduced a 'timestamp' digital service (available at www.timestamp.gr) in 2019, which enables authors to certify the date of creation of their work. The copyrighted work is recorded on an online platform operated by the HCO against payment of a symbolic monetary amount, which depends on the size of the file uploaded.

The recently enacted Law No. 4761/2020 amended Law No. 4481/2017 on collective management of copyright and related rights and multi-territorial licensing in musical works for online use in the internal market and introduced provisions for the enhanced protection of copyright and related rights over the internet. With this amendment, the scope of Law No. 4481/2017 has been extended and provisions have been introduced relating to copyright collection societies and independent copyright management entities established abroad and interested in operating in Greece. Article 66E of the Greek Copyright Law was also amended to expand the right to initiate an administrative 'notice-and-takedown' procedure for unlicensed online transmission of events that are covered by national or international TV broadcasting if the online transmission takes place simultaneously with the event.

Following the revocation in May 2018 of the operating permit of the Hellenic Society for the Protection of Intellectual Property (AEPI), the major collective management organisation for musical works in Greece, a dispute began between existing and newly established organisations. AFTODIAHIRISI challenged the validity of EDEM's operating permit. The dispute was resolved with the decisions of the plenary session of the Council of the State Nos. 2015/2021 and 2016/2021, judging in favour of the legality of EDEM's operating permit.

Law 4679/2020 was recently enacted and transposed Directive (EU) 2015/2436² in Greek law. It repealed the previously applicable Law 4072/2012 on trademark protection and introduced various changes, including:

1. the limitation of the scope of certain trademark rights for the purpose of safeguarding and enhancing competition;
2. new competences of civil courts, which are now also competent to assess the validity of a trademark (previously awarded to administrative courts);
3. the acquiescence limitation (now possible also in trademark invalidity actions); and
4. amendments in official fees.

Law 4796/2021 amended Law 4679/2020 for the purpose of transferring the authority and responsibility for handling trademark applications and related processes from the Ministry of Development and Investments to the Hellenic Industrial Property Organisation (OBI). For this transfer to be implemented, a joint Ministerial Decision is also required, which is still pending.

Law 4512/2018 and the Presidential Decree No. 31/2019 introduced the establishment of the Hellenic Industrial Property Academy, which aims to develop a national system of education, training and accreditation for individuals wishing to earn the title of certified patent attorney.

Law 4605/2019 transposed in Greek law Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure.

Trends and outlook

In the field of copyright protection, on 17 April 2019 the European Parliament and the Council issued Directives (EU) 2019/790 on copyright in the digital single market and 2019/789 on copyright in online television and radio programmes. In September 2019, the Greek Minister of Culture established a legislative drafting committee tasked with updating Greek legislation along the lines of the above EU Directives and presented a draft legislative act to the government's Ministerial Council in May 2021. Directive (EU) 2019/790 introduces several new provisions, including mandatory exceptions to copyright protection principally relating to text- and data-mining technology, teaching activities and preservation of cultural heritage, and sets out new rules on collective management, video-on-demand platforms, and agreements with authors and performers. Directive (EU) 2019/789 aims to improve the cross-border availability of television and radio programmes by facilitating the clearance process of copyright and related rights for certain online broadcasting services and for the retransmission of television and radio programmes by means other than cable. It also includes rules for programmes transmitted by broadcasting organisations via a direct line to the recipient. Although the deadline for the implementation of the above Directives expired in June 2021, their transposition in the Greek legal order is still pending.

On trademark protection, Greek courts now implement the provisions of the recently enacted Law No. 4679/2020. It remains to be seen how trademark protection will evolve in the local market and whether trademark disputes will be resolved in a more efficient and expedient manner.