PPrAth 7039/1983
Patent – Unfair competition- Protection. A special distinctive feature is considered to be the special formation or the special decoration of merchandises, devices or packaging, since they are known to the related cycles of transactions as distinctive points of similar merchandises. Protection of this by an action at law for omitting the Law about unfair competition. The prerequisite is the use of the special distinctive feature that can be used as a trademark by the holder, by a third party in a way that can bring confusion regarding the origin of the merchandise. Neither the oncoming confusion nor the intention for unfair competition are required. The owner of a patent and the patent holder are protected against a third party who uses the invention illegally on purpose or due to serious negligence, according to the provisions of articles 34 of Law 2527/1920 about patents, of article 60 about intellectual products and Law 146/1914 about unfair competition (www.dsanet.gr).