Compulsory mediation looms for Greek IP disputes

A law published on 17 January 2018 in Greece will bring with it wholesale changes to the resolution of intellectual property disputes in the country.

From 18 October 2018 the claiming party in trademark, patent and industrial design disputes will have to request the appointment of a mediator from the Central Mediation Authority – which has been set up for this purpose.

The mediator will then invite the other party to attend mediation which must be concluded by not later than 30 days following the invitation.

One sticking point that we identify is that the parties have no option but to attend the mediation with legal representation, and the case will not be heard by the Court unless mediation has failed (subject to an exception for preliminary injunctive relief). While IP lawyers in the country may rejoice at the news, it may have unintended negative repercussions for access to justice.

This takes the Civil Procedure Rules requirements to have considered ADR at the pre-action stage to a whole new level, and we are looking forward to seeing if the service provides quicker and cheaper resolutions to disputes.

If you have any questions on the above, please do not hesitate to contact the team at McDaniel & Co. on 0191 281 4000 or legal@mcdanielslaw.com.