What is the length and cost of such procedures?
Costs will vary and will depend on the evidence and complexity of the case and the nature of the proceedings involved.
For civil court proceedings, intellectual property office proceedings, and arbitration proceedings, a successful party may recover its costs from the losing party, although the quantum of the costs recovered is at the discretion of the court/office/tribunal and often does not cover all the legal costs and disbursements incurred.
For civil proceedings, costs are estimated to few hundred euros.
- First instance proceedings on the merits before civil courts usually last between 18-24 months.
- Appeal proceedings on the merits last approximatively 24 months.
IPR owners can also opt for accelerated proceedings.
- First instance accelerated proceedings on the merits usually last 3-6 months.
- Appeal: accelerated proceedings on the merits usually last 6-8 months.
R: If the dispute takes place in the Court, it is impossible to predict its length, but it is really rare to find final decisions released in less than 2 years. Arbitration proceedings use to be decided faster usually in less than one year.
The estimate time frame of such procedures vary from 3-5 years.
The official cost would be in the region of USD 250-200 (approximately) depending on the quantum of damages sought and court approached.
The length and cost of such procedures may vary significantly depending on the type of right and complexity of the matter.
- Civil proceedings: By way of indication, a trade mark, design, copyright and/or unfair competition infringement matter, will typically take 12 - 14 months from the filing of a main infringement action until a first instance judgment is issued. Appeal proceedings will usually last slightly less.
A main action over patent infringement or a patent nullity action will typically take 16 - 20 months from the filing of a main infringement action until a first instance judgment is issued and may delay further if the court will need to appoint a technical expert.Appeal proceedings will usually last slightly less.
- Criminal proceedings: The length of criminal proceedings will vary depending on the court of venue and the gravity of the offense (misdemeanour or felony). Misdemeanour proceedings, which are the rule in IP infringement cases, will typically take 18 – 30 months, as from the filing of a criminal complaint or the ex officio initiation of criminal investigation, until a first instance judgment is issued. Appeal proceedings usually take 9 -20 months.
- Greek TM Office and administrative court proceedings: Greek TM Office proceedings will typically last 10 – 14 months until a decision is issued. First Instance administrative court proceedings currently last significantly long (over 4 years), due to the backlog of pending administrative cases. Appeal proceeding usually take 16 – 22 months.