Designs—Greece—Q&A guide

The following IP practice note provides comprehensive and up to date legal information covering:

  • Designs—Greece—Q&A guide
  • 1. What is the relevant legislation?
  • 2. Are design rights considered to be distinct or treated as patent rights?
  • 3. Which agency is responsible for registration and grant of design rights?
  • 4. Is there any overlap between design rights and other rights?
  • 5. What protection and rights are there for unregistered designs?
  • 6. How much use is generally required to establish unregistered design rights?
  • 7. What exclusions apply to unregistered design rights?
  • 8. Who can apply for and own a design?
  • 9. What may and may not be protected?
  • More...

Designs—Greece—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to designs in Greece published as part of the Lexology Getting the Deal Through series by Law Business Research (published: August 2021).

Authors: Dr Helen G Papaconstantinou and Partners Law Firm—Maria Athanassiadou

1. What is the relevant legislation?

Industrial designs in Greece may be protected at the international, EU and national levels. Registered international designs with Greece as a designated state have the same effect as a valid national registration. Registered Community designs are automatically valid in Greece. Unregistered designs are also protected in Greece under EU law.

Registered industrial designs are protected by:

  1. Law 2417/1996 on the ratification of the Hague Agreement Concerning the International Deposit of Industrial Designs;

  2. Presidential Decree 259/1997 on the implementing provisions of the Hague Agreement Concerning the International Deposit of Industrial Designs;

  3. Presidential Decree 161/2002 implementing the EU Designs Directive (98/71/EC); and

  4. the EU Community Design Regulation (6/2002).

With regard to national industrial designs, Greece has a 'partially cumulative' protection system. According to this doctrine, a registered design is eligible for protection under both copyright and design law, provided that the requirements for each type of right apply. Protection under copyright law also applies independently to unregistered designs, provided that the conditions of Law 2121/1993 on copyright protection are met.

The Greek courts apply the different criteria under the two types of protection on

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