Law 2417/1996

“Ratification of the Convention of The Hague on the international lodging of industrial designs and specimens of 6 November 1925, as revised at The Hague on 28 November 1967, and of the Supplementary Act of Stockholm of 14 July 1967, as amended at Stockholm on 28 September 1979” 1

Article 3

Definition of a design or specimen

1.  For the purposes of the implementation of national legislation, by the following shall be meant:

a.        ‘Design or specimen’: the external visible image of the whole or a part of a product which results from the individual characteristics which it possesses, and particularly, the line, the outline, the colour, the pattern, the form and/or the materials of the product itself and/or of the decoration which it bears.

b.        ‘Product’: any industrial or craft industry product, included in which are constituents intended for assembly into a composite product, the packaging, presentation, graphic symbols, and typographical features, but computer programmes are excluded.

2.  A design or specimen is protected if it is new and has an individual character.

3.  There shall be no right in a design or specimen which is contrary to public order or good morals.

4.  National entitlement to protection of a design or specimen shall be governed mutatis mutandis by the same provisions on acquisition, succession, exploitation, invalidity, forfeiture, and entry in the registers of the Industrial Property Organisation (O.B.I.) which have force as to patents by virtue of Law 1733/1987 ‘Transfer of technology, inventions, and technological innovation’ (Government Gazette 171 A’), Articles 2, 3, 4, 6, 7, 10, 12, 15, 16, 17 and 24.

Article 4

Delegations

Presidential Decrees, issued on the proposal of the Minister of Development, to whom the Board of Management of the Industrial Property Organisation shall act as rapporteur, shall regulate the details of the implementation of this law and of the Convention of The Hague as to Greece, and particularly the lodging and procedure for acceptance of international and national applications by the O.B.I., the beneficiaries of entitlement to protection, the commencement, duration and content of the national protection afforded to designs and specimens, the entering of designs and specimens in the registers of the O.B.I., and the publication of their particulars in the Special Industrial Property Bulletin, invalidity or preclusion of registration, the collection of procedural duties and renewal duties by the O.B.I., transitional regulations, and matters concerning the accumulation of protection by means of other rights of industrial or intellectual property, the detailed definition of the new character and individuality of the national design as terms for the protection of the design or specimen, the terms for the granting of a certificate of national protection, the terms for protection, the effects of international registration in the case of Greece, and any other related matter.

Article 5

The present law shall come into force from its publication in the Government Gazette and of the Convention and Supplementary Act which are ratified in accordance with the provisions of Articles 26 and 9, respectively.

We order the publication of the present law in the Government Gazette and its execution as a law of the State.

 

1 The provisions which concern national entitlement to protection are given.