Kriton Metaxopoulos of A. & K. Metaxopoulos and Partners Law Firm

Photo of Kriton Metaxopoulos of A. & K. Metaxopoulos and Partners Law Firm

Kriton Metaxopoulos, born in 1962, is a graduate of the Athens University Law School (1984) as well as an LL.M graduate of the London School of Economics (1986). He has been practicing law since 1986 and he is the Managing Partner of “A. & K. Metaxopoulos & Partners Law Firm” since 2000.

His peers recognize him for his experience and expertise in Intellectual Property Law, Patent Law, Corporate Law and Litigation. He is recognized as a leading lawyer in Litigation and Intellectual Property in Legal 500, a leading Individual in TMT and Dispute Resolution by Chambers and an Advisory Board Member in Best Lawyers.

He was a BoD member of Warner Music for almost 20 years and was a member of the Board of Directors of Trans European Law Firms Alliance (TELFA) for 25 years.

Kriton is an expert in IP Law, Copyright Enforcement and Antipiracy issues, as well as in international Corporate Litigation, White Collar Crime and Asset Recovery He has represented for years MPAA, the Greek Audiovisual Anti-Piracy Association (EPOE), Sony, Warner Bros, Disney, Warner Music, Dassault Systemes, Audiorsparx, as well as many major players of the Greek entertainment industry, such as Odeon Cinemas, Victory Media, Kiss FM, Hot FM, Greek Music Libraries, Maria Callas Estate, ZTE etc

Kriton’s “out of Greek borders career” is mainly linked to IP, White Collar Crime and Corporate Fraud prosecution. Kriton is responsible for the coordination and legal strategy of a 150 million Euro international corporate litigation matter, involving legal work in Italy, Lebanon, Romania, UK, France and former Soviet Union and Greece. His experience includes representation before Civil and Penal Courts not only in Greece but also in France, Italy, UK and Romania in cooperation with top tier law firms and local practitioners.

Kriton’s experience in International Arbitration includes representation of an International Catering Group in 20 million USD arbitration (ICC), which resulted in an award against the Greek State (19 million USD) over the privatization of Olympic Airways’ catering subsidiary in the ‘90s.

Connected his name with the first ever in Europe prohibition of legal parallel imports of DvDs (Independence Day) by a 1997 decision of the Athens Court of Injunctions, which was subsequently adopted in 2010 by two ECJ “ad hoc” decisions which are applied until today by local Courts in all EU Member States.

He is also known for his involvement in audiovisual censorship cases (Alexander the Great, Last Temptation of Christ) where he represented in Court the US producers and their Greek distributors, contributing to the free theatrical release of the relevant movies in Greece but also to the establishment of a solid case law in favour of the freedom of “viewing” even if “symbols” or “religions” are the “subject r matter” of the audiovisual work in question.

He is since 2000 leading the niche law firm “A. & K. Metaxopoulos and Partners Law Firm”.

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Court clarifies process for CMO equitable remuneration

Introduction This case(1) concerned a collective management organisation’s (CMO’s) application for the temporary determination of related and neighbouring rights and copyrights. This was for equitable remuneration for public reproduction of intellectual works by catering businesses (ie, coffee shops). The judgment also dealt with the presumption of management and protection representative authority for CMOs.… Continue Reading

EUROPEAN COURT OF JUSTICE: Judgment in Joined Cases C‑775/21 and C‑826/21

Broadcasting of background music – Equitable remuneration – Mere provision of physical facilities – Sound equipment on board trains and aircraft – Presumption of communication to the public as a result of possession of technical means – Implications on Greek case law and practice in relation to use of in-store/background music in business premises.… Continue Reading

Does food flavouring constitute a “work”?

Introduction In this case before the Multi-member Court of First Instance of Thessaloniki, the plaintiff requested judicial protection of his recipes (i.e., dishes and seasonings) as works of IP. (1) He made this request on grounds including trademark law and unfair competition law. However, the Court rejected the action as:… Continue Reading

When must public performances of musical works be reported to CMOs?

The introduction of Law 4481/2017 into the Greek legislation aimed to regulate the collective management of IP and relative rights, thus amending the EU Collective Rights Management Directive. (1) Specifically, in its regulation of the public performance of musical works incorporated in legitimately released sound carriers, stores, and undertakings, article 24 of Law 4481/2017 introduced a … Continue Reading

Viral Greek Advertisement with LGBTQ+ Representation Ruled Legal by the Advertising Self-Regulation Council

A few months ago, a large shampoo Company advertisement was published in Greek media (both on TV and οn social media), in which members of the Greek LGBTQ+ community starred. Through the campaign, the Company praises diversity and the exceeding of stereotypes and within a few hours, it became a “viral topic of discussion” on … Continue Reading

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

Introduction GEA is the Common Collecting Society of GRAMMO (Collecting Society of Music Producers), ERATO (collecting Society of Performers), and APOLLON (Collecting Society of Musicians). It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and … Continue Reading

Anti-piracy committee and new legal framework according to Law 4821/2021

Anti-piracy committee Τhe Committee for the Notification of Copyright and Related Rights Infringement on the Internet (known as the “anti-piracy committee”) was first established under Law 4481/2017. Its aim is to deal with cases of online infringement of copyright and related rights through an extrajudicial mechanism. The anti-piracy committee consists of three members: the president … Continue Reading

Case study: “copyright-free” in-store music and collective management

Facts Company A (a Greek company) provides music programmes – based on a specific repertoire and intended to function as background music – to retail stores and, more broadly, to commercial or workplaces. Such music is used as a background for the broadcasting of advertising messages that are heard in such commercial spaces on a … Continue Reading

Establishment and operation of CMOs in Greece

Legal forms of CMOs According to article 8(1) of Law 4481/2017 on the collective management of copyright and related rights, “collective management organisations operate under any legal form under the terms of article 3(a)”. Therefore, upon the establishment of a collective management organisation (CMO) in Greece, the members (ie, the rights holders) themselves are free … Continue Reading

Collective management of copyright and neighbouring rights in Greece

Introduction Under the Copyright Law, certain copyright and related rights are subject to mandatory collective management, meaning that they can be exercised only through a collective management organisation (CMO). These rights include: the right to fair remuneration for reproduction for private use (known as “blank tape levy”), which is calculated at a percentage of the … Continue Reading

Rights in audiovisual works under Copyright Law

Authors’ rights According to the Copyright Law, authors of audiovisual works have various rights, including: producing fixations or reproductions of the work; making the work available to the public (eg, by publishing it on an on-demand video service); broadcasting the work on TV or the radio; and communicating the work to the public.… Continue Reading

Journalism and copyright: is there a defence similar to fair use or fair dealing?

Law 2121/1993 on Copyright, Related Rights and Cultural Matters (the Copyright Law) does not provide for a fair use or fair dealing defence.(1) Nevertheless – and in compliance with the EU Information Society Directive (2001/29/EC) – the Copyright Law contains an exhaustive list of specific statutory exceptions and limitations on authors’ economic rights.… Continue Reading

Journalism and copyright: what is protected by copyright law?

In Greece the main legislative instruments regulating copyright and related rights are: Law 2121/1993 on Copyright, Related Rights and Cultural Matters (the Copyright Law); and Law 4481/2017 on the Collective Management of IP Rights and Related Rights and Collecting Organisations.… Continue Reading

Greek Supreme Court contests the validity of Philips’ EFM+ (DVD) Patent

Summary In its decision no 1589/2017 the Greek Supreme Court upheld the appeal brought by the Greek company “DPH” against the Dutch company “P”. The Supreme Court held that the Court of Appeals’ decision, which had upheld definitely the lawsuit of “P” against “DPH” for breach of “P”’s essential patents, was wrong in finding they … Continue Reading

EXHAUSTION OF PATENT RIGHTS & DIRECT INFRINGEMENT RE-EVALUATED:THE MPEG LA / DPH CASE

The German Federal Court of Justice (Bundesgerichtshof) with its decision X 2r 33/10, announced on August 21, 2012, rejects claims for infringement of MPEG-2 video coding patents by a Greek DVD manufacturer: The DVD, as such, is NOT a means of infringement of the patent claim in dispute. On August 21, 2012 the German Federal … Continue Reading
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