Obligatory mediation in trademark and other disputes – suspension of the application of compulsory mediation until September 2019

Print this pagePrint this page

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.

The abovementioned provision was due to enter into force on 1 October 2018. However, by virtue of an amendment tabled by the Greek Minister of Justice, which was adopted by the Greek Parliament on 27 September 2018, the imminent entry into force of the article 182 Law 4512/2018 on obligatory mediation was postponed to 16 September 2019.

According to the wording of the amendment, such delay has been made necessary due to the decision of the administrative plenary of the Supreme Court, which considered that the obligatory mediation is unconstitutional, in particular in conflict with the “right to a judge”. Furthermore, the postponement shall be used for preparation of the relevant procedure and for consultations with the parties concerned in order to ensure a better implementation of the abovementioned law.

It is worth noting, however, that optional mediation remains in force, enabling those citizens who wish to resolve civil and commercial disputes in a participatory and consensual manner.