By Dimitrios Kouzelis, Intellex
Design is a cornerstone of creativity, and protecting it is crucial for creators and businesses alike. In Greece, like in many countries, the registration process ensures that the rights of designers are safeguarded, fostering economic growth. This article will delve into the intricacies of design registration in Greece, shedding light on the process, requirements, costs, and benefits.
Contents
1. What Can be Registered as a Design in Greece?
2. Reasons for Refusal of a Design Application in Greece
3. The Design Registration Process in Greece
4. Documents Required for Design Registration in Greece
5. Design Opposition Process in Greece
7. Why File a Design in Greece?
1. What Can be Registered as a Design in Greece?
All shapes possessing novelty and individual character can be registered as designs in Greece, including industrial designs and models. Hence, a broad spectrum of products, from fashion accessories to consumer electronics and everything in between, can be protected as designs. The advantage of registering a design is that a product failing the criteria of invention may however not be completely devoid of legal protection, thus adding value to the product itself and its creator/business.
2. Reasons for Refusal of a Design Application in Greece
While Greece encourages the registration of designs, applications may be refused for various reasons. Some common grounds for refusal include lack of novelty, absence of individual character, or if the design conflicts with public order or morality. Additionally, designs that are solely functional or dictated solely by technical considerations may also face rejection.
3. The Design Registration Process in Greece
The process of registering a design in Greece is a systematic one, designed to ensure the integrity of the registration system and the protection of intellectual property rights. It typically involves the following steps:
Step 1: Preparation of Application
The process begins with the preparation of the design registration application. The applicant must complete the relevant application form provided by the Hellenic Industrial Property Organization (OBI) and gather all necessary documents, including representations or drawings of the design and any descriptive information deemed necessary.
Step 2: Submission of Application
Once the application is complete, it is submitted to OBI along with the requisite fees. The application should include details of the applicant, representations of the design, and any other relevant information. Upon receipt, OBI conducts a formal examination to ensure that the application meets all legal requirements. Also read how to register a trademark in Greece.
Step 3: Examination
Following the formal examination, OBI conducts a substantive examination of the design to assess its novelty and individual character. This involves comparing the design with existing designs to determine whether it meets the criteria for registration. If any deficiencies are identified during the examination, the applicant may be given an opportunity to address them.
Step 4: Publication
If the design application passes the examination stage, it is published in the Official Gazette of the Industrial Property, giving notice to the public of the pending registration. This publication also marks the beginning of a designated period during which third parties can oppose the registration if they believe that they would be prejudiced by the registration.
After the opposition period has expired, and no valid oppositions have been filed, the design is registered, and the applicant receives a certificate of registration from OBI. This certificate serves as proof of ownership and grants the applicant exclusive rights to use the design for the registered period, typically lasting for five years, with the possibility of renewal for additional periods.
4. Documents Required for Design Registration in Greece
To initiate the design registration process in Greece, several documents are required. These include:
- Completed application form
- Representations or drawings of the design
- Description of the design (if necessary)
- Details of the applicant, including name and address
- Power of attorney (if applicable)
Ensuring the accuracy and completeness of these documents is crucial for a smooth registration process.
5. Design Opposition Process in Greece
After the publication of a design application in Greece, there is a designated period during which third parties can oppose the registration. Oppositions can be based on various grounds, such as prior rights or lack of novelty. If an opposition is filed, both parties have the opportunity to present their arguments, and OBI will decide on the validity of the opposition.
6. Design Costs in Greece
The costs associated with design registration in Greece can vary depending on various factors, such as the complexity of the design and the services of legal representatives.
| Professional fee for 1 design | €65 |
| Government fee for 1 design | €100 |
| Professional fee for each additional design | €10 |
| Government fee for each additional design | €20 |
The design registration cost in Greece via the iPNOTE platform starts from as low as $178, which includes all government fees and document preparation. Find the best IP attorney in Greece on iPNOTE
7. Why File a Design in Greece?
Filing a design in Greece offers several benefits to creators and businesses. Firstly, it provides legal protection against unauthorized use or imitation of the design, allowing the owner to enforce their rights against infringers. Additionally, registered designs can enhance the commercial value of products, as they demonstrate uniqueness and exclusivity to consumers. Moreover, registering a design in Greece can serve as a gateway to broader protection within the European Union through the Community Design system.
8. Conclusion
The design registration process in Greece plays a pivotal role in safeguarding the rights of designers and promoting innovation. By understanding the requirements, process, and benefits of design registration, creators and businesses can effectively protect their designs and leverage their commercial potential. With a robust legal framework and efficient registration system, Greece offers a conducive environment for nurturing creativity and driving economic growth through design innovation.
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