A year ago we published a discussion of myths and realities of Greek trade mark practice which tipped the scale in favour of adversities rather than efficiencies. Happily, a generally tough and demanding year later, progress has been achieved. Not to say that all is rosy, yet there are steps being made in the right direction. New legislation expediting the process before the administrative courts in Greece (also affecting trade mark actions, following oppositions or cancellation petitions) has been passed in mid-December 2010, with a variety of progressive measures that have been much needed. Compared to those in the UK and US, the previous Greek administrative courts system was practically programmed for delays, dead-end procedures and frustrating postponement of results.

Not so anymore. The primary aim of the legislator is expediting procedure, by fine-tuning each and every possible step that may affect the total process. This should be made possible by implementing, among others, the following provisions: direct recourse to the highest administrative court level (Council of State) as well as allowing the pre-judgment opinion requests from lower courts to the Council of State whenever new issues requiring clarification or even the setting of new precedent arise; and a two-month time-frame for court hearings being scheduled, in significant or broadly applicable issues. These, in conjunction with new ADR routes being put in place currently, should help facilitate the judicial resolution of trade mark disputes in Greek jurisdiction. More will follow in the next ITMA Review. Stay tuned.