In a recent case relating to automotive spare parts parallel
imports, an interesting issue was raised regarding immediate
effect/enforceability of the Court`s order on commercial
More specifically, the Athens Special IP Full-Bench Court,
ruling on a trade mark proprietors' main infringement action
against a Greek grey – importer company, ordered the
latter, among others, to provide the claimants with legally
certified copies of all commercial invoices by way of which,
the products of trade mark proprietors, being the subject of
said main action, were purchased by the defendant and sold to
third parties and also to provide the claimants with a written
statement containing the full particulars of any natural or
legal entity, from whom products of the same nature were
purchased, both covering a specific time period, and both at
the defendant's own expense.
The above may be considered as standard practice/ruling, in
the case that main infringement actions relating to parallel
imports have been accepted, according to the IPED, the domestic
trade mark law provisions and relevant case-law.
What is new, is that the aforementioned Court`s order has
not been declared provisionally enforceable, on the basis of
the following interesting ruling: Court orders that are issued
pursuant to Articles 452 and 904 par.2 of the Greek Code of
Civil Procedure, like the one discussed above, are considered
to be immediately enforceable/effective against the defendant;
therefore, neither the Court shall declare their provisional
enforceability, nor should the claimants wait until they become
final and irrevocable in order to be enforced.
Notably, it seems that said judgment sets new standards on
Court`s orders regarding commercial information disclosure,
which are anyway frequently present in parallel imports cases,
for the sake of simplification and acceleration of proceedings
as well as trade mark proprietors` relief.
Patrinos & Kilimiris
7, Hatziyianni Mexi Str.
Tel: +30210 7222906, 7222050
Fax: +30210 7222889