By virtue of law 4512/2018 which was published on 17.1.2018, all disputes concerning trademarks, patents and industrial designs initiated before civil courts are subject to obligatory mediation. The same obligation is introduced for family, housing, remuneration, medical, and stock exchange disputes. Hearing of the cases shall be inadmissible if the obligatory mediation process stipulated in the law has not been followed. The provisions shall start to apply as of 17.10.2018. Plaintiffs are required to submit a request for appointment of a mediator from the list of mediators available on Ministry of Justice website and invite the other party to arrange for a mediation within the next 15 days following such invitation. The mediation as such shall not exceed 24 hours unless otherwise agreed by the parties. The mediation must be completed within 30 days following the initial invitation. This may be extended upon mutual agreement of the parties by 30 more days. What is important, mainly for foreign entities, is that physical presence is not required and mediation can be conducted via teleconference. In the mediation proceedings the parties are present together with their attorneys. The parties may decide at this first meeting that they do not wish to engage in the mediation process. This shall suffice for purposes of admissibility of the hearing. If parties reach an agreement, the respective minutes including the settlement agreement may be submitted to the court secretariat for certification by any of the parties and become an enforcement title. Interim measures are not precluded pending mediation proceedings.
The Greek Trademark Office in association with the EUIPO and the Piraeus Bar Association organized on 21.6.2017 a mock mediation session concerning an EUTM case. Representatives of the Greek Trademark Office attended and the President of the Board of Appeals of EUIPO Dr Theofilos Margellos was present providing real time comments throughout the process.
On Tuesday, February 21st 2017, the Greek Association of Civil Procedure Jurists hosted Dr. Dimitris Tsibanoulis, in the Athens Bar Association. The topic of the presentation, over which Mr. Nikolaos Klamaris, Emeritus Professor of the University of Athens presided, was: “Law enforcement with respect to non-performing loans: prospective legislative intervention in light of the impact of foreclosure of banks’ debtors’ assets ”.
Tsibanoulis & Partners successfully represented an American multinational conglomerate corporation before the Hellenic Data Protection Authority, in obtaining a license under the Hellenic Data Protection law for the cross-border transfer of personal data from Greece to US and other non EU countries on the basis of the group’s Binding Corporate Rules. This was the second ever group to receive such a license in Greece (the first was also represented by our firm) which is considered a great success particularly at a time when the EU-US data transfer regime has been under several revisions.
Tsibanoulis and Partners as a member of Meritas Law Firms Worldwide is proud to present their European and Middle East Guide to Litigation, Arbitration and ADR. If you are facing a dispute in Europe or the Middle East, this guide will help you navigate some of the key issues and jurisdictional differences that you may encounter. For further information, or country specific advice, pleased contact any of the experts listed at the start of each chapter.”