IPRs' Protection in Greece

Transcription

1 IPRs' Protection in Greece Dr Effimia Panagiotidou Attorney at Law What can be protected, at a glance. 1) Copyrighted works NO 2) Patents YES 3) Industrial Designs YES 4) Trade Marks YES 5) Domain Names YES 6) Company Names YES (obligatory) 7) Licensing Agreements YES (obligatory) Thessaloniki May

2 1) Copyrighted works Meaning, original written works, software, music, lyrics, architectural designs, maps, sculptures, etc. There is no official protection. Evidence of paternity through other ways, such as deposit of the document to a Notary Public. OPI (National Intellectual Property Organization) wants to create a deposit sector in the near future, just to help evidence. Law 2121/1993 2) Patents Any product or method, which is new, involves inventive step and presents industrial applicability. Official protection through OBI (National Industrial Property Organization). The Patent is granted by OBI within appr. 18 months from the date of filling. Any further transfer (sale) of the Patent, or licensing is registered in OBI's Register, within one month. The site of OBI provides the necessary documents. Law 1733/1987 Thessaloniki May

3 3) Industrial Designs Two or three dimension new drawings or products, or products. Official protection through OBI (National Industrial Property Organization) who issues a Certification of Registration. Any further transfer (sale) of the Certification, or licensing of it, is registered in OBI's Register, within one month. Law 1733/2987 4) Trade Marks Word, number, figure, etc, distinguishing the product from other similar ones. Protected through official registration in the Registers of the General Secretary of Commerce (ministry of Development). Prior research at the site The decision for registration, or not, is taken by the relative Trade Marks' Committee, within 6-7 months of the filling. Law 2239/1994 Thessaloniki May

4 5) Domain Names ending ".gr" Official protection through registration in the Registers of EETT (the National Committee of Telecommunications and Posts). The Registration may be entrusted to several specific private companies. Ministry Decisions 268/00, 310/04 6) Company Names (obligatory) The name and the logo (distinctive title) of the Company Official Protection through registration in the Registrars of the competent Commerce of the place where the company has it's premises. The registration must obligatory takes place within two months from the starting of the business. The registration takes place if there is no other similar Company Name already registered. Law 1089/1980 Thessaloniki May

5 7) Licensing Agreements Any transfer (sale) or any licensing Agreement concerning a Patent, or a registered Design or a Trade Mark, or Know-How in general, must be submitted to OBI for Registration, obligatory. Otherwise the Agreement has no legal force in front of a Court. Law 1733/2987 Exploitation SMEs can establish spin-off companies along with the Institutions and the researchers, and Technological Parks and other SMEs as well. Ltd, or S.A. Minimum Capital: for Ltd Spin-off 18,000 for S.A. Spin-off 60,000 The public sector can't have more than 50%. Thessaloniki May

6 Ways of exploitation: Exploitation of the knowledge (patent, know how or copyrighted work) Transfer, or Licensing, exclusively or not New tax measures as a motive Measures to motivate SMEs to buy and/or to sell IPRs. Thessaloniki May

7 Reduction of Taxes, generally For natural and legal persons: Transfer and Licensing of Patents and Know-how generally the tax is now 20% of the revenue/price (30%) 100% deduction of taxes in order for an SME to buy IPRs from others For the SMEs: The amount paid for the IPRs is deducted from the company's income at a range of 100%. These IPRs might be royalties paid to companies or organizations, for a license to use Patents, Trade Marks, Trade Secrets, Know-How, Intellectual Property etc. Thessaloniki May

8 50% deduction of taxes in order for an SME to produce IPRs on it's own For any company, either SME or not, the amount paid for scientific and technological research is deducted from the company's net income of the company at a range of 50%. That "research" might be the filling of an Application for a Patent, National or International, the research of the state of the art, etc. Lisbon Strategy These new tax legislative measures are in compliance with the Lisbon Strategy, which demands from M-S to promote technology diffusion, specially to and from the SMEs. The main target is to fill the gap between EU and USA/JAPAN level in IPRs' development and dissemination. Thessaloniki May

9 Thank you for your attention Dr Effimia Panagiotidou Attorney at Law Thessaloniki May