Categories
Court of Appeal

Court of Appeal of Athens 5866/2003

EfAth 5866/2003

Collective society for intellectual property rights. AEPI. Exclusive right of exploitation of Hellenic intellectual authors song creations. Method of publishing and awarding permission of reproduction and distribution of musical works to a third party. Calculation of compensation for exploiting musical works without the relevant permission. Right of the society for compensation on no-material harm, which is different from the non-transferable moral right of the author (DEE VOLUME 2003, p. 1330). 

Categories
Court of Appeal

Court of Appeal of Athens 7909/2002

EfAth 7909/2002

Contract regarding the recommendation of publishers from which the co-signatory editor will buy publishing or intellectual rights of books under remuneration of the recommending party, that consists of a percentage of the profits of the published books, is a work contact and takes up the secondary contract which is similar to a company. Protection of work producers. Protection of collective works and translations. Protection of intellectual author when he is an attorney in fact or a stipendiary (DEE VOLUME 2003, p. 296). 

Categories
Court of Appeal

Court of Appeal of Athens 3252/2002

EfAth 3252/2002

Meaning of work as an intellectual creation. When photographs are an intellectual creation. Reasons why the litigious photograph does not constitute an original work protected by Law 2121/1993 (DEE VOLUME 2003, p. 293). 

Categories
Court of Appeal

Court of Appeal of Athens 4040/2001

EfAth 4040/2001

Photograph as an intellectual creation. As regards to the definition of the protection action of the author, it is necessary to record the precise object of every photograph and the way of selection and presentation of the object which renders this photograph an original intellectual creation (DEE VOLUME 2002, p. 58). 

Categories
Court of Appeal

Court of Appeal of Athens 8153/1999

EfAth 8153/1999

Meaning of originality in intellectual creations. Statistical exceptionality. Creativity amount. Subordination or not of the lenders rating table in an auction, in the protected intellectual works. (DEE VOLUME 2000, p. 383). 

Categories
Court of Appeal

Court of Appeal of Athens 7013/1999

EfAth 7013/1999

Special jurisdiction of association. Exclusive jurisdiction of the first court. Redaction of writing a dictionary. Written contract of transferring the exploitation right from the person redacting the publication to a publisher. (DEE VOLUME 2000, p. 45). 

Categories
Court of Appeal

Court of Appeal of Athens 4068/1991

EfAth 4068/1991

Trademark consisted of a name – When the trademark is consisted of the name of the applicant and the same name has been applied in advance by a third party as a trademark for their similar products, a distinctive mark has to be added on it for achieving its clear distinction from the former (article. 1 l. 1988/2004) (www.dsanet.gr). 

Categories
Multi-member Court of First Instance

Multi-member Court of First Instance of Athens 815/2006

PPrAth 815/2006

Protection of related rights. Music radio station. The equitable remuneration for the use of data carriers with recorded performances by a radio station, which is collected under the competence of the Collective societies on behalf of artists, is defined on the basis if: a) the audience rating of the station is based on music broadcasting, b) the range of the station is large enough, c) the station’s incomes from commercials, sponsoring or subsidies were important due to high audience rating because of the specific repertoire, d) the station’s expanses would be enormous if the broadcasting was carried out by a live orchestra and e) broadcasting of new circulations serves as an advertisment for them (DiMEE 4/2006 – 3yr, p. 395, comment P. Koriatopoulou-Ageli). 

Categories
Multi-member Court of First Instance

Multi-member Court of First Instance of Athens 1493/2005

PPrAth 1493/2005

Publication of photographs in press. Abrogation of the illegal character of the offence for reasons of public interest and specifically for reasons of newsreel facts description (article 25 Law 2121/1993) (DiMEE 4/2005 – 2nd year, p. 248, comment E. Stamatoudi). 

Categories
Multi-member Court of First Instance

Multi-member Court of First Instance of Athens 1477/2005

PPrAth 1477/2005

Court judgments do not constitute intellectual creation of the attorneys attended in the disputes that issued for their resolving, but they are an expression of the public authority and hence the case-law belongs in the non protective cycle of information. Irrespectively of the legal integrity of the documents, they do not have the features of originality described by the law, since as a whole they are non statistically unique in order to be reduced in protected intellectual works, according to articles 1 and 2 of Law 2121/1993 (DiMEE 4/2005 – 2nd year, p. 224).