Multi-member Court of First Instance

PPrAth 3318/1998

The authority of related rights (RR) are enumarated exclusively and not indicatively in Articles 46 of Law 2121/1993. Method of calculating compensation payment in case of offence. Penalties have partial independence against the relevant provisions (DEE VOLUME 1999, p. 402). 

MPrAth 9666/1997

Related rights of audio data carriers producers. The production of a different version, however similar with an existing one, is not protected as a related right but under the provisions about unfair competition. (DEE VOLUME 1998, p. 153). 

MPrAth 5872/1997

Films. Transferring economic rights of intellectual property. (DEE VOLUME 1998, p. 147). 

PPrAth 1322/1997

Copyright – Jurisdiction of punishable actions – protection of the personality-. The quotation of texts of a foreign work is allowed, only if from the extension and the way of the quotation of the texts, the consequent feature of the work is not misquoted in regard with the main content of the work. Protection of the work of the translator according to L. 2121/1993: The feature of the protection of the translation is absolute and is not revoked by any consent of the original work author. Publisher’s related right according to the articles 51 – 53 of L 2121/1993. Protection of the author or the rightholder of related rights in case of offence of their right according to L. 2121/1993. Retroactive application after 4.31994 of L. 2121/1993 in contracts conducted prior the enforcement of this Law. Cases of offending copyright by copying foreign work without authorization. Preconditions for establishing of jurisdiction of the punishable act, according to Code of Civil Procedure 35. Preconditions for the protection of the personality according to AK 57 and 59 (www.dsanet.gr). 

PPrAth 2089/1996

Intellectual creations. Subject of intellectual property rights. Meaning and content of both economic and moral partial rights. Claims of the author on offending its copyright. (DEE VOLUME 1998, p. 839). 

PPrAth 7039/1983

Patent – Unfair competition- Protection. A special distinctive feature is considered to be the special formation or the special decoration of merchandises, devices or packaging, since they are known to the related cycles of transactions as distinctive points of similar merchandises. Protection of this by an action at law for omitting the Law about unfair competition. The prerequisite is the use of the special distinctive feature that can be used as a trademark by the holder, by a third party in a way that can bring confusion regarding the origin of the merchandise. Neither the oncoming confusion nor the intention for unfair competition are required. The owner of a patent and the patent holder are protected against a third party who uses the invention illegally on purpose or due to serious negligence, according to the provisions of articles 34 of Law 2527/1920 about patents, of article 60 about intellectual products and Law 146/1914 about unfair competition (www.dsanet.gr).