On 17/04/2024 the Greek Parliament enacted Law No. 5103/2024 dealing with, among other issues, the “protection” and “enhancement” of Greek Music. The Law introduces a minimum threshold of 40% Greek music (as defined in the Law) that is performed in public in various places such as casinos, malls, etc. It has both been praised as … Continue Reading
Facts The first plaintiff, a company, was established in 1989. Its sole partners were: Each partner had a 25% stake in the company. The company’s purpose was to exploit the film (R), the filming of which was completed in 1983. Based on the above agreements, the first plaintiff claimed to be the beneficiary of all … Continue Reading
Last year saw the introduction of Law 4996/2022, which brought significant changes to IP legislation in Greece, amending several provisions of the existing Copyright Law 2121/1993 as well as Law 4481/2017 on Collective Management.… Continue Reading
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
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
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
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
Software patentability remains a tricky issue, raising questions about a computer program’s inventive step and technical characteristics. However, a deep dive into the applicable legislation provides much-needed clarity for rights holders in Greece.… Continue Reading
New provisions in EU free trade agreements (FTAs) have broken new ground when it comes to IP protection. In the last few years, and especially since covid-19, the need for stronger IP provisions has become paramount. Α recent study conducted by the European Centre for International Political Economy (ECIPE) highlights the benefits of IP rights … Continue Reading
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
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 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
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
The Central Bank of Russia did another “shot” at the rights of cryptocurrency holders on July 19, 2021. The Bank issued an Information Letter No. IN-06-59 / 52 “On certain types of financial instruments” on this day. Now Russian and foreign issuers, if their securities payments depend on: digital currency rates; prices for foreign digital … Continue Reading
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
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
When we say “meme”, we usually mean an internet meme. An Internet meme is an idea (and some content embodying this idea) spread via the Internet. Memes are usually created in the internet community for humorous purposes. However, memes in practice may raise issues associated with copyright, registration of trademarks, or even with personal data … Continue Reading
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
Since 1 March 2021, the Pharmaceutical Register of the Eurasian Patent Office (EAPO) is available on the official website of the Eurasian Patent Office. The Register contains information on Eurasian patents protecting active substances of drugs. The EAPO specifically indicates that the Pharmaceutical Register shall relate to the patents protecting pharmacologically active products (chemical compounds, including those described by the same … Continue Reading
The Cancellation Division of EUIPO has recently issued a resounding decision declaring the invalidity of the figurative trademark representing the “Flower thrower”, one of the most iconic Banksy’s mural paintings. The motivations on which the decision is based are questionable since it seems to be willing to take a punitive stance against the British street … Continue Reading
Introduction In recent years there has been a remarkable effort to make Greece an attractive destination for the production of audiovisual works (eg, films, TV series and video games). The most important initiatives in this respect are: the cash rebate state aid scheme, which covers 40% of eligible production costs; and the tax relief incentive, … Continue Reading
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
Introduction In March 2020 – during the lockdown imposed by the government to combat the COVID-19 pandemic – Greece adopted a new Trademark Law (4679/2020), which replaced the previous Trademark Law (4072/2012). The purpose of adopting this new law was to implement the EU Trademarks Directive (2015/2436/EC) into Greek law. By virtue of this new … Continue Reading
