Which are the substantial requirements for obtaining a Certificate of Registration of a design or a model?
In order for a design certificate to be granted, the design must:
- be novel, i.e. no identical design has been made available in the EU market prior to the date of filing of the design application, nor has there been any prior identical design application conferring protection in the Greek territory; and
- have individual character, i.e. it must create a unique impression enabling the wellinformed user to identify the protected design from other relative designs already present in the market.
What is the legal frame for obtaining a registered design right on a national or international level?
Registered national design rights are protected in Greece according to the Presidential Decree 259/1997. On an international level a design may be protected via an application at the World Intellectual Property Organization (WIPO) given that Greece is a contracting state of Hague Agreement on International Designs. Design protection in the Greek territory can also be obtained through a Registered Community Design (RCD) granted by the European Union Intellectual Property Office (EUIPO) according to the Regulation 6/2002/EC.
How does case-law interpret the notion of the user of a registered design in an infringement case?
A user is a person showing not only an average degree of attentiveness, but a higher degree of carefulness and attention either due to professional experience or as a result of wide range of knowledge in the relevant field of activity connected with the protected design. As such a user is not an expert or a person having special skills in the art who is able to observe and discern detailed differentiations, even of minor importance, between the compared designs or between a design and an object.
Are unregistered designs protected in the Greek territory?
An unregistered design may be protected as a distinctive sign of a product according to the law No. 146/1914 against unfair competition. Furthermore, consumer protection law and the law of torts may under circumstances be applicable as well.
How does case-law interpret the notion of an average consumer of an unregistered design in an infringement case?
When protecting an unregistered design in the light of unfair competition law, an average consumer is meant to be an informed and reasonably attentive person who has average degree of information relevant to the product in question.
What is the term of protection of a design right and how is it maintained throughout its term?
A design is protected for a term of up to 25 years subject to payment of renewal fees due every 5 years.
What can the holder of a Design Registration do against infringements?
The holder of a Design Registration enjoys civil law protection against infringers before the Greek courts (see also EU Enforcement Directive 48/2004). He may file a civil action raising cease and desist claims, and requesting compensation for material and moral damages, if caused. Withdrawal from the market and destruction of infringing goods may also be ordered by the Courts. Interlocutory injunction proceedings may be launched and, in case of extremely urgent need for judicial measures in obvious infringement matters, an Interim Order can be issued by the Judge. Criminal prosecution may - under strict presuppositions - be sought as well.
As a precaution against infringements, a Registered Community Design can be used in the frame of an application according to the EU Regulation 608/2013 concerning Customs Intervention for the protection of European intellectual property rights in the EU borders, including Greece.
