ORGANISATION MONDIALE 
DU COMMERCE 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce IP/N/1/GRC/D/2 
17 février 1998 
(98-0552) 
Original: anglais 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Par une communication de sa Mission pennanente, datée du 10 octobre 1997, la Grèce à présenté 
la notification ci-après, qui complète la notification de ses lois et réglementations au titre de l'article 63:2, 
distribuée sous la cote IP/N/1/GRC/l/Rev.l. 
Suite à notre lettre de notification du 4 novembre 1996, nous vous notifions par la présente 
le Décret présidentiel 259/97 intitulé "Implementing Provisions of the Hague Agreement Concerning 
the International Deposit of Industrial Designs as ratified with Law No. 2417/1996 and provisions 
concerning the National Title of Protection", qui a été publié au Journal officiel du 19 septembre 1997 
(FEK A' 185). 1 
1Seul le texte anglais du Décret, qui était joint à la notification, est reproduit ci-après. IP/N/l/GRC/D/2 
Pagina 2 
PRESIDENTIAL DECREE No 259/97 
"Implementing Provisions of the Hague Agreement Concerning the 
International Deposit of Industrial Designs as ratified with Law No 2417/1996 
and Provisions Concerning the National Title of Protection" 
THE PRESIDENT OF THE HELLENIC REPUBLIC 
Having regard to: 
1. Article 4 of Law No 2417/1996 on the "Ratification of the Hague Agreement 
Con·cerning the International Deposit of Industrial Designs of November 6, 
1925, as revised in the Hague on November 28, 1960, and the Complementary 
Act of Stockholm of July 14, 1967, as amended on September 28, 1979" (OJ No 
139, A'), 
2. Article 29A of Law No 155811996 on "Government and Governmental 
Bodies" (OJ No 137, A'), as added by article 27 of Law No 208111992 (OJ No 
154, A') and amended by article I par 2a of Law No 246911997, 
3. The fact that the provisions of the present Presidential Decree do not produce 
any debit against the budget of the State, 
4. The proposal by the Administrative Council of the Industrial Property 
Organization of December 12, 1996 (Item No 4 of the 18th Meeting), 
5. The opinion No 30111997 of June 26, 1997 of the Council of State following 
the proposal by the Minister of Development, 
HAS DECIDED AS FOLLOWS: 
PART ONE 
General Provisions 
Article I 
Scope of application 
This Presidential Decree shall apply to international deposits of industrial 
designs or models having effect to the Hellenic territory and to national deposits 
for the protection of designs or models. 
Article 2 
Definitions 
1. For the purposes of national legislation: IP/N/lIGRC/D/2 
Pagina 3 
a. "design or model" means the outward visible appearance of the whole or 
part of a product resulting from the specific features of, in particular, the lines, 
contours, colours, shape, form and/or materials of the product itself and/or its 
ornamentation (article 3 par I a of Law No 2417/1996); 
b. "product" means any industrial or handicraft product, including parts 
intended to be assembled into a complex product, packaging, getup, graphic 
symbols and typographic typefaces, but excluding computer programs (article 3 
par Ib of Law No 2417/1996); 
2. For the purposes of the present Presidential Decree: 
a. "OBI" means the Athens-seated Industrial Property Organization (art. 1 of 
Law No 173311987); 
b. "WIPO" means the World Intellectual Property Organization as defined in 
article 2 of the Patent Cooperation Treaty as ratified by Greece with Law No 
188311990 (OJ No 45, A'); 
c. "Agreement" means the Hague Agreement Concerning the International 
Deposit of Industrial Designs" as ratified by Greece with Law No 241711996 (OJ 
No 139, A') (article 2 of the Agreement as ratified by article 1 of Law No 
2417/1996); 
d. "International Bureau" means the Bureau of the International Union for the 
Protection of Industrial Property located in Geneva (article 2 of the Agreement 
as ratified by article 1 of Law No 2417/1996); 
e. "international deposit" of industrial designs and models means a deposit 
made according to the provisions of the Hague Agreement (article 2 of the 
Agreement as ratified by article 1 of Law No 2417/1996); 
f. "national deposit" of designs and models means a deposit made at OBI for 
the grant of a national title of protection (article 2 of the Agreement as ratified 
by article I of Law No 241711996); 
g. "certified translation" means a translation made by a person or an authority 
entitled to certify translations; 
h. "multiple deposit" means a deposit including more than one design or 
model; 
i. "Ministerial Decision No 15928/EFNI253" means the Ministerial Decision 
of December 24, 1987 concerning the" Filing of an Application for the Grant of 
a Patent or a Utility Model Certificate at OBI and Keeping of Record Books" 
(OJ No 778, B'); 
j. "priority claim" means a right of priority from a previous application, as 
provided in article 4 of the Paris Convention for the protection of Industrial 
Property, as ratified by article I of Law No 21311975 (OJ No 258, A'). IP/NI1 IGRC/D12 
Pagina 4 
PART TWO 
Implementation of the Hague Agreement as ratified with Law No 2417/1996 
International Application -Protection 
Article 3 
Filing of an Application 
1. International applications may be filed either directly at the International 
Bureau in Geneva or through OBI in its premises in Athens or in its branches, if 
any (article 4 of the Agreement as ratified by article I of Law No 2417/1996). 
2. An international application may be filed through the intermediary of OBI, 
when the application originates from Greece. 
3. An application shall be deemed to originate from Greece, when the applicant 
has either a real and effective industrial or commercial establishment in the 
Hellenic territory or is a resident or national of Greece. 
Article 4 
Language of the Application 
An international application shall be in the French or in the English language. 
Article 5 
Documents filed with the Application 
1. An international application shall be filed in two copies and shall contain the 
mandatory elements prescribed in article 5 of the Agreement. It shall be signed 
by the depositor or his representative (article 5 of the Agreement as ratified by 
article 1 of Law No 2417/1996). 
2. An international application may contain the optional elements referred to in 
article 5(3) and (4) of the Agreement. 
3. All contents of an international application shall be completed on the form 
provided by the International Bureau according to the accompanying written 
instructions. 
Article 6 
Receipt of an International Application 
1. OBI shall receive the application to be deemed as an international one and 
shall immediately issue a receipt containing the number and the accompanying 
documents or elements and the date of their receipt. 
2. OBI shall transmit by facsimile to the International Bureau the documents of 
an international application on the same day. The remaining accompanying IP/N/I/GRC/D/2 
Pagina 5 
elements as well as the original documents of the international application shall 
be mailed promptly by OBI to the International Bureau. 
Article 7 
Date of Registration of an International Deposit 
The registration of the International Deposit shall be made by the International 
Bureau. The date on which the International Bureau received the international 
application in due form and the relevant fees payable, shall be deemed as the 
date of registration (article 6 par 2 of the Agreement as ratified by article I of 
Law No 241711996). 
Article 8 
Payment of Fees 
The fees prescribed for an international deposit or for its renewal shall be 
payable directly to the International Bureau in Swiss francs (articles 15 and 16 of 
the Agreement as ratified by article 1 of Law No 2417/1996). 
Article 9 
Legal Effect of an International Registered Deposit 
1. An international deposit registered in the International Design Register to 
which Greece is designated, shall have the same effect with a national deposit in 
respect of which all administrative acts have been complied with. Such an 
international deposit shall be protected according to the provisions on the 
registered national deposits of designs or models (article 7 of the Agreement as 
ratified by article I of Law No 2417/1996). 
2. Any international deposit originating from Greece shall have full effect in the 
Hellenic territory (article 7 of the Agreement as ratified by article I of Law No 
241711996). 
3. The publication by the International Bureau of the registered international 
deposits in the International Design Bulletin and the related acts thereof, shall 
have the same effect with their publication in the Industrial Property Bulletin 
(EDBI) published by OBL 
4. As from the date of publication of the monthly International Design Bulletin, 
the contents thereof shall be open to inspection by the public in the premises of 
OBI. 
Article 10 
Duration of Protection 
1. The term of protection of a registered international deposit of a design or a 
model designating Greece, shall be five years, which may be renewed subject to IP/N/IIGRC/D12 
Pagina 6 
article 29 of the present Presidential Decree (article 11 of the Agreement as 
ratified by article 1 of Law No 241711996). 
2. The abovementioned protection shall commence on the date of the 
international deposit as defined in article 6 of the Agreement (article 6 of the 
Agreement as ratified by article 1 of Law No 2417/1996). 
Article I1 
Termination of Protection in Greece 
The protection in Greece of an international registered design or model shall 
terminate following an irrevocable decision as provided in article 16 of the 
present Presidential Decree. This decision shall be communicated by OBI to the 
International Bureau, which shall publish it in the International Design Bulletin 
and shall register it in the International Register. 
PART THREE 
National Title of Protection 
CHAPTER I 
National Protection -Invalidity 
Article 12 
Requirements for Protection 
I. A design or a model as defined in article 2 par I a of the present Presidential 
Decree, shall be protected to the extent that it is new and has individual 
character. 
2. The protection of a design or a model shall commence on the date of its 
registration. 
3. A design or a model shall be considered to be new if, no identical design or 
model has been made available to the public before the date of filing of the 
application for registration, or, if priority is claimed, the date of priority. 
Designs or models shall be deemed to be identical if their features differ only in 
immaterial details. 
4. A design 'or a model shall be considered to have an individual character if the 
overall impression it produces on the informed user differs from the overall 
impression produced on such a user by any design or model which has been 
made available to the public before the date of filing of the application for 
registration, or, if priority is claimed, the date of priority. 
5. In assessing individual character, the degree of freedom of the designer in 
developing the design or the model in relation to the technical requirements, 
shall be taken into consideration. IP/NIlIGRC/D/2 
Pagina 7 
6. A design or a model of a product constituting a component part of a complex 
product shall only be considered to be new and to have individual character: 
(a) if the component part, when incorporated into the complex product, remains 
visible during normal use of the product, and 
(b) to the extent that those visible features of the component part fulfil in 
themselves the requirements as to novelty and individual character. 
4. "Normal use" within the meaning of the abovementioned paragraph 6, shall 
mean any use other than maintenance, repair or other similar services. 
Article 13 
Disclosure 
I. For the purpose of applying article 12 pars. 3 and 4 of the present 
Presidential Decree, a design or a model shall be deemed to have been made 
available to the public, if it has been published following registration or 
otherwise exhibited, used in trade or otherwise disclosed, except \vhere these 
events could not reasonably have become known in the normal course of 
business to the circles specialized in the sector concerned, operating within the 
Community, before the date of filing of the application for registration at OBI, 
or, if priority is claimed, the date of priority. 
2. A design or a model shal1 not, however, be deemed to have been made 
available to the public for the sole reason that it has been disclosed to a third 
person under explicit or implicit conditions of confidentiality. 
Article 14 
Non-prejudicial Disclosures 
1. The novelty of a design or a model shall not be affected in accordance with 
article 12 par 3 of the present Presidential Decree, if the design or the model has 
been made available to the public during the 12-month period prior to the date 
of filing the application for registration, or, if priority is claimed, the date of 
priority for one of the fol1owing reasons: 
(a) the design or the model has been made available to the public by the 
designer, his successor in title, or a third person as a result of information 
provided or action taken by the designer, or his successor in title. 
(b) if the disclosure is a result of an abusive behaviour towards the 
designer or his successor in title, unless this behaviour has resulted to the 
registration of the design or the model. 
2. The novelty of a design or a model shall not be affected in case of display of 
the design or the model at an officially recognized international exhibition 
falling within the terms of the Convention on International Exhibitions signed 
at Paris on November 22,1928 and ratified with Law No 556211932 (OJ 221, 
A'). In such case, the disclosure to the public shall not exceed the period of 6 lP/NllIGRC/D/2 
Pagina 8 
months prior to the date of filing at OBl and the depositor shall submit any 
evidence of the products so displayed to which the design or the model has been 
incorporated or applied subject to the requirements of the present Presidential 
Decree. 
Article 15 
Exceptions to Protection 
1. A design or a model right shall not subsist, if: 
a. a design or a model is contrary to public policy or to accepted 
principles of morality. 
b. the features of appearance of a product are solely dictated by its 
technical function. 
c. the features of appearance of a product must necessarily be reproduced 
in their exact form and dimensions in order to permit the product in which the 
design or model is incorporated or to which it is applied to be mechanically 
connected to or placed-in, around, or against another product so that either 
product may perform its function. 
2. Notwithstanding paragraph 1 band 1 c above, a design or a model shall be 
granted protection when, under the conditions set out in Article 12, this design 
or model makes possible the multiple assembly or connection of mutually 
interchangeable products within a modular system. 
Article 16 
Invalidity 
I. A registered design or a registered model shall be declared invalid by means 
of a court's decision, if: 
a. the holder of the registered design or the model is neither its designer, 
nor its successor, nor its owner under Article 17 of the present Presidential 
Decree. 
b. the protected design or model does not fulfil the requirements of 
articles 12 and 13 of the present Presidential Decree. 
c. the features of the product's appearance or the features of its 
interconnection shall not be protected in accordance with article 15 pars. I band 
I c of the present Presidential Decree. 
d. its exploitation or its publication is contrary to public policy or to 
accepted principles of morality. 
2. For any additional matter, the provisions of paragraphs 2 and 3 of article 15 
of Law No 173311987 shall apply accordingly. IP/N/lIGRC/D12 
Pagina 9 
3. A design right may be declared invalid even after it has lapsed or has been 
surrendered. 
4. A registered design or a registered model, which shall be declared invalid, is 
deemed to have brought a priOI i none of the effects provided for in the present 
Presidential Decl ee. The I etroactive result of the invalidation shall not affect the 
decisions on infringement which have acquired the force of res judicata and have 
been executed prior to the date of issue of the decision on invalidation nor the 
contracts entered before the decision on invalidation, provided that they have 
been executed before the issue thereof. 
CHAPTER II 
Entitlement to a Design or Model -Transfer 
Article 17 
Entitlement to Protection 
1. The right to register a design or a model shall vest in the designer or his 
successor in title. The person who files the application for the registration of a 
design or a model is deemed to be its owner, without prejudice to the provisions 
of article 18 of the present Presidential Decree. 
2. If two or more persons have created a design or a model under a common 
creative effort, provided that no different agreement has been concluded, the 
right to the design or the model shall vest in them jointly and in equal parts. 
Each co-owner is entitled to transfer freely his share and supervise the protection 
of the common registered design or model. 
3. If the design or the model has been created by an employee, paragraphs 4, 5, 
6, and 7 of article 6 of Law 1733/1987 (OJ No 171, A') shall apply accordingly. 
4. If two or more persons have created substantially similar designs or models 
independently the one from the other, the right shall vest to the person who first 
filed the application for registration of a design or a model or to the one who 
has a priority right over the rest pursuant to article 22 of the present Presidential 
Decree. 
Article 18 
Claims 
1. The holder of a design or a model may, if a third party has filed an 
application for the registration of a design or a model which relates to his design 
or model or substantial elements thereof without his consent, demand by action 
against the third party the recognition on his behalf of the rights conferred by 
the application or, in case a certificate for registration has been issued, its 
transfer. The co-owner of a registered design or model may demand the 
recognition of his right. 
2. The action taken by the holder or the coholder shall be brought within a 
period of two years from the publication date of the registration of the design or IP/NIlIGRC/DI2 
Pagina 10 
the model in the Industrial Property Bulletin (EDBI). For any additional matter, 
paragraphs 10 and 11 of article 6 of Law No 173311987 shall apply accordingly. 
Article 19 
Transfer of Righ ts and Licensing 
1. The right to the registration of a design or a model and the registered design 
or model may be transferred upon written agreement or inherited. The transfer 
shall be effected upon registration of the agreement or of the certificate of 
inheritance in the Design and Model Register and shall be published in the 
EDBI. 
2. The holder of a registered design or model may licence his design or model to 
third parties upon written ·agreement. This licence shall be registered in the 
Design and Model Register and shall be published in the EDBI. 
3. For any additional matter, the provisions of Article 12 pars. I, 2, 3,4, 5, and 6 
of Law No 1733/1987 shall apply accordingly as well as the conditions and 
procedure provided in article 2 par 109 and article 24 of Law No 173311987 (OJ 
171, A'). 
CHAPTER III 
Registration Procedure -Certificate -Books 
Article 20 
Filing of Application -Conditions for Admissibility 
1. The filing of an application at OBI is required for the registration of a design 
or a model. 
2. An application shall contain: 
a. A request for the registration of the design or the model in the Design 
and Model Register. 
b. The full name or company name, the nationality, the residence or seat, 
in case of a legal entity and the address of the depositor. 
c. The name of a representative in case that the depositor does not have a 
residence or seat in Greece and a statement of the depositor submitting to the 
jurisdiction of the Hellenic courts. 
d. The designation of the article or articles in which it is intended to 
incorporate the design or the model. 
e. A graphic representation or photograph of the design or the model 
sui table for reproduction pursuant to article 21 of the present Presidential 
Decree. 3. The application may also include: IP/N/lIGRC/D/2 
Pagina 11 
a. A list of the products in which the design or the model is intended to 
be incorporated or to be applied. 
b. The classification of the products referred to in the above paragraph 
(a) into classes and subclasses according to the Agreement Establishing an 
International Classification for Industrial Designs, signed at Locamo on 
October 8, 1968 as implemented. 
c. If the applicant is not the designer or not the sole designer, a statement 
as to the origin of the right to the design or the model. 
d. A request for priority from an earlier deposit pursuant to article 22 of 
the present Presidential Decree and a declaration of the date of the earlier 
deposit and of the State in which the earlier deposit was effected. 
e. A brief description, not exceeding 100 words, of characteristic features 
of the design or the model, including any colours; said description shall indicate 
the features characterizing the design or the model in accordance with its filed 
representation and shall not refer to technical particulars related to the 
operation of the article incorporating the design or the model, nor to its 
possible uses and nor to the manufacturing material. 
f. A request for publication in color. 
g. A request for deferment of publication of the application for the 
registration of the design or the model as provided for in article 23 of the present 
Presidential Decree, which may not exceed twelve months from the date of the 
deposit. 
h. An indication that the design or the model has been shown at an 
officially recognized exhibition accompanied by a certificate stating the date on 
which the exhibition was held. 
4. In case of deferment of the publication of the application for the 
registration of a design or a model at OBI according to par 3g above, the 
applicant may attach to its application a sample of the product to which the 
design or the model contained in the representation has been incorporated or 
applied. The sample shall be deposited in a sealed packet of 30 x 30 cm 
maximum in dimensions and not exceeding 4 kg in weight. The same graphic 
representation to the one accompanying the application shall be adhered to the 
packet's top side. 
5. Several designs or models may be included in a single application which is 
characterized as multiple application, provided that the designs or models shall 
not exceed a total of 50 and that the products in which they shall be 
incorporated in or be applied, all belong to the same subclass or to the same set 
or composition of items. In this case, the applicant shall pay to OB!· an 
additional registration fee and an additional publication fee according to the 
conditions and procedure provided in article 2 par 109 and article 24 of Law No 
173311987 (OJ 171, A'), which correspond to a percentage of the basic IP/N/1/GRC/D/2 
Pagina 12 
registration fee for each additional design or model. Where the multiple 
application contains a request for deferment fo publication, an additional fee 
for deferment of publication shall be paid. 
6. The receipts of payment of the filing and registration fee for the design or the 
model as well as of the fee for the first five-year period of pIotection payable 
according to the conditions and procedure provided in article 2 par 109 and 
article 24 of Law No 1733/1987 (OJ 171, A'), shall be attached to the 
application. 
7. The application shall be admitted for filing provided that the terms of the 
above paragraphs 2 and 6 of the very article of the present Presidential Decree 
are complied. The filing of the application is then deemed to be regular but not 
complete. 
8. 'Within a period of four months from the filing date, the applicant shall 
complete any deficiencies or correct any errors in the drafting of the documents 
and of the rest of the papers in accordance with the above paragraphs 3,4, and 5 
of this article and shall pay the publication fee or the fee for deferment of 
publication. The filing of the application shall be then deemed to be complete. 
9. If the application is not complete within the prescribed period, om shall 
refuse to register the application by a justified decision. 
10. The date of regular filing of the application pursuant to paragraph 7 shall be 
deemed as the date of registration of the application. 
Article 21 
Form of the Application 
I. The application shall be filed in two copies and shall be signed by the 
depositor or his representative. Articles 2, 3, and 4 of the Ministerial Decision 
No 1 5298/EFAl1253 shall be applicable accordingly. 
2. The presentation of the application's documents and designs shall follow the 
specifications of article 8 pars. 1, 2, and 3a, b, c, d, e, f, g and of article 9 of the 
Ministerial Decision No 15298/EFAl1253. Two black-and-white photographs or 
graphic representations of the deposited design or model shall be attached to the 
application. In case that the depositor requests a publication in colour of the 
design or the model, these photographs or graphic representations shall be in 
colour. 
3. The photographs and other graphic representations shall represent clearly the 
deposited article alone without shadows to the exclusion of any other object, 
person, or animal. The deposited article must be represented at least once in the 
position in which it is normally used. 
4. The following shall not be admitted upon filing: 
a. instantly developed photographs, IP/NIlIGRC/D/2 
Pagina 13 
b. words or texts or characterizations or trade names or trademarks 
written on the object or on the picture or on the graphic representation, 
c. photocopies of photographs or graphic representations, 
d. photographs or graphic representations not suitable for offset 
reproduction, 
e. photographs of dimensions larger than 16 x 16 cm. 
Article 22 
Priority 
1. 'If an application for a design or a model has been duly filed in a State 
member of the International Union for the Protection ofIndustrial Property, the 
depositor or the owner of the application shall enjoy for the purpose of filing an 
application in respect of the same design, a right of priority of six months from 
the date of ftling of the first application. The priority right shall date back to 
the period of the first deposit. 
2. A right of priority for the deposit of a design or a model shall also exist from 
an earlier national deposit of a utility model and vice versa if the application is 
filed within 6 months claiming protection for the same object and a declaration 
of priority shall be filed at OBI containing the elements of par 3a below. 
3. \Vithin 10 months from the first duly filed application abroad, the following 
shall be filed at OBI: 
a. a certificate of the competent authority of the State of the first duly 
filed application stating the number and the filing date of the application 
together with an official copy of the design or the model, and 
b. a certified translation of the abovementioned certificate in Greek to 
which a copy of the design or the model shall be attached. 
4. In case of priority claims on the basis of several foreign titles of protection, 
the date of the first foreign application shall be considered as the priority date. 
Article 23 
Deferment of Publication 
1. When filing an application for registration of a design or a model at OBI, a 
depositor may request that the data referred to in article 20 pars. 2e, 3e, and f 
and par. 4 of the present Presidential Decree shall not be published. In such 
case, following the payment of a fee for the deferment of publication according 
to the conditions and procedure provided in article 2 par 109 and article 24 of 
Law No 1733!l987 (OJ 171, A'), OBI shall classify them as "NOT 
PUBLlSHABLE" and shall keep them in a separate folder. These data shall not 
be disclosed nor made accessible to the public before the expiration of the 
relevant period referred to in article 20 par. 3f of the present Presidential decree. IP/N/l/GRC/D12 
Pagina 14 
2. Following a court's decision, the deferred data shall be made available to 
persons participating in a trial regarding the validity, the infringement or the 
claim of exclusive rights resulting from the protected design or model. 
Article 24 
Certificate of Registration -Publication 
1. Four months after the filing date of the application and provided that the 
application for registration is regular and complete, OBI shall issue a certificate 
of registration of the design or the model without previously examining whether 
the terms provided in articles 12, 13, 14 and IS of the present Presidential Decree 
are met at the responsibility of the applicant. 
2. Wilhout prejudice to article 23, the registered application for a design or a 
model together with the documents attached thereto shall be published 4 months 
following the registration date. If a samp'~~ of the product in which a design or 
model is incorporated or to which it is applied has been filed pursuant to article 
20 par. 4 of the present Presidential Decree, OBI shall mention it in the 
publication under a separate mention. For the purposes of publication, a 
publication fee shall be paid to OBl according to the conditions and procedure 
provided in article 2 par 109 and article 24 of Law No 1733/1987 (OJ 171, A'). 
3. As of the publication date of the application or the expiration thereof or 
interruption of the time of the deferred publication, third parties shall be 
entitled to request information and copies of the appiication, the description, 
the designs or the models and of any other related element. 
4. Elements of the registered application shall be published in the Industrial 
Property Bulletin. 
5. Any publication in the Industrial Property Bulletin shall be made in a 
separate issue titled "Designs and Models". This issue shall contain elements 
related to the grant of certificates of registration of designs and models, to any 
transfer, renunciation and licensing, to the expiration date of the granted 
protection or to the invalidation of a registered design or model. 
Article 25 
Books -Registers -Archives 
I. OBI shall keep a Register of designs and models which shall contain all 
registered designs or models, an archive of designs and models containing all 
respective folders and a book of reports for the registration of all applications 
for the registration of designs and models. 
2. For the purposes of keeping of the data in the above registers, archives, and 
books, article 4 pars. 2, 3, and 4 of Law No 1733/1987 and articles 10, 11, and 
12 of the Ministerial Decision No I 5928/EFA11253 shall apply accordingly. CHAPTER IV 
Rights conferred by the Design or the Model 
Article 26 
Content of the Right IP/N/lIGRC/D/2 
Pagina 15 
I. The registration of a design or a model shall confer on its holder the exclusive 
right to use it and to prevent any third party not having his consent from using 
it. 
2. The aforementioned use shall cover, in particular, the making, offering, 
putting on the market, importing, exporting or using of a product in which the 
design is incorporated or to \vhich it is applied, or stocking such a product for 
those purposes. 
3. The rights conferred by a design or a model upon registration shall not 
extend to: 
a. acts done privately and for non-commercial purposes; 
b. acts done for experimental or research purposes; 
c. acts of reproduction of a design or a model for the purposes of making 
citations or of teaching, provided that such acts are compatible \vith fair trade 
practice and do not unduly prejudice the normal exploitation of the design, and 
that mention is made of the source. 
d. the equipment on ships and aircraft registered in another country when 
these temporarily enter the Hellenic territory; 
e. the importation in Greece of spare parts and accessories for the 
purpose of repairing such ships or aircraft. 
f. the execution of repairs on such ships or aircraft. 
4. By deviation to paragraph I above, the rights conferred by the registration of 
a design or a model shall be exercised by third parties who, five years after the 
first putting on the market of the product to which the design or the model is 
applied and following the payment of a fair and reasonable remuneration to the 
owner as agreed by the parties or in case of dispute, as decided by the 
competent Court provided in the present Presidential Decree, may use it on the 
following terms: 
a. the product in which the design or the model is incorporated is a spare 
part of a mechanically operated vehicle, and 
b. said use is intended to allow the repair of a mechanically operated 
vehicle, and 
c. the public shall be informed of the origin of the product used for the 
repair under a permanent indication, such as the affixation of a commercial 
trademark or trade name or. by any other suitable means. IP/N/l/GRC/DI2 
Pagina 16 
5. Whoever uses a design or a model or has made the necessary preparations for 
its use during the period of registration of an application for a design or a model 
by a third party or during the priority date, shall be entitled to continue its use 
for his business and its necessities. This right may be transferred only with the 
business. 
6. A registered design or model may be given as security or be the subject of 
rights in rem or of a confiscation. 
Article 27 
Scope of Protection 
I. The protection conferred by a design or a model right shall include any 
design or model which produces on the informed user a similar impression. 
2. In assessing the scope of protection, the degree of freedom of the designer in 
developing the design or the model in relation to the technical requirements, 
shall be taken into consideration. 
Article 28 
Judicial Protection -Actions 
1. In case of infringement, present or potential, of a registered design or model, 
the holder thereof is entitled to demand the cessation of the infringement and its 
omission in the future. 
2. The provisions of paragraphs 2, 3, 4, 5, 6 and 7 of article 17 of Law No 
173311987 shall apply accordingly. 
Article 29 
Term of Protection of a Registered Design or a Model 
1. The term of protection of a registered design or a model shall be five years 
from the date of filing the application at OBL The term of protection may be 
renewed for periods of five years each up to a total term of 25 years from the 
date of filing of the application for the registration of the design or the model. 
2. The request for renewal shall be submitted by the holder of a registered 
design or model or his representative and shall be accompanied by a receipt of 
payment of renewal fees at OBI which are payable according to the conditions 
and procedure provided in article 2 par 109 and article 24 of Law No 1733/1 987 
(01 171, A'). The renewal fee shall be paid in advance within the six month 
period before the last day of the month in which protection ends. 
3. Upon expiration of the period prescribed in paragraph 2 and within a period 
of six months thereafter, the holder of a registered design or model or his 
representative may pay the fees due with a 50% surcharge. Failing this, the IP/N/lIGRC/D/2 
Pagina 17 
protection for the registered design or model provided by the present 
Presidential Decree shall terminate. 
4. The renewal shall take effect from the date following the date on which the 
existing registration expires. 
5. The renewal shall be recorded in the Design and Model Register. 
CHAPTER V 
Final and Transitional Provisions 
Article 30 
A design or a model registered in accordance with the provisions of the present 
Presidential Decree shall also be eligible for protection under the existing 
copyright law in Greece as from the date on which it was created or fixed in any 
form. 
Article 31 
The present Presidential Decree shall enter into force as of the date of its 
publication. In the case of international designs or models deposited under the 
Hague Agreement the present Presidential Decree shall enter into force as of the 
date when the Hague Agreement entered into force in Greece, i.e. on April 18, 
1997. 
The present Presidential Decree shall be published in the Official Journal of the 
Government. 
The publication and execution of the present Presidential Decree shall be 
assigned to the Minister of Development. 
Athens, September 19,1997 
The President of the Republic 
CONSTANTINOS STEFANOPOULOS 
The Minister of Development 
VAsa PAPANDREOU 