Notice-and-Takedown Procedure under Greek Intellectual Property Law 4481/2017

Author:Charis Tsigou
Position::Attorney-at-Law, DEA Intellectual Property, DEA Legal Theory, Media Law Expert, Legal Advisor at the National Council of Radio and Television (NCRTV) Greece
Pages:201-207
SUMMARY

After two years of negotiations and several drafts, the provisions of the Directive 2014/26/EU on collective management of copyright and related rights were introduced into Greek legislation by the Law 4481/2017, which establishes a strict legal framework for the collective management organisations and places great emphasis on state control mechanisms. Additionally, Law 4481/2017 introduces a... (see full summary)

 
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Notice-and-Takedown Procedure under Greek Intellectual Property Law 4481/2017
2018
201
2
Notice-and-Takedown Procedure under
Greek Intellectual Property Law 4481/2017
by Charis Tsigou*
© 2018 Charis Tsigou
Everybody may disseminate this ar ticle by electronic m eans and make it available for downloa d under the terms and
conditions of the Digital P eer Publishing Licence (DPPL). A copy of the license text may be obtain ed at http://nbn-resolving.
de/urn:nbn:de:0009-dppl-v3-en8.
Recommended citation: Char is Tsigou, Notice-and-Takedown Procedure under Greek Int ellectual Property Law 4 481/2017, 9
(2018) JIPITEC 201 par a 1.
Keywords: Directive 2014/26/EU; eCommerce Directive; copyright management; online copyright infringements;
intermediaries; website owners; notice-and-takedown procedure; Greek Law 4481/2017
rights. Although it is an attempt to swiftly resolve
cases of violation through the internet, the unclear
relation of this sanction system to the system laid
down by the Law 2121/1993 on copyright and re-
lated rights creates several inconsistencies and legal
issues. At the same time, the Committee on Internet
Violations of Intellectual Property (CIVIP) established
to implement the notice-and-takedown procedure
lacks institutional integration in the public adminis-
tration structure, a situation that undermines the ef-
fectiveness of its decisions and may annul the ex-
pected benefits of the new procedure in practice.
Abstract: After two years of negotiations
and several drafts, the provisions of the Directive
2014/26/EU on collective management of copyright
and related rights were introduced into Greek leg-
islation by the Law 4481/2017, which establishes a
strict legal framework for the collective management
organisations and places great emphasis on state
control mechanisms. Additionally, Law 4481/2017
introduces a notice-and-takedown procedure as a
sanction to the intermediaries (access providers or
hosting service providers) and website owners for
online violation of intellectual property and related
A. Introduction
1
The recent Greek Law 4481/2017 transposed
the provisions of the Directive 2014/26/EU on
collective management of copyright and related
rights in a rigorous way, creating a rather strict
legal framework providing various sanctions.1
Additionally, article 52§1 of this Law introduces,
for the rst time in the Greek jurisdiction, a
sanction-imposing mechanism for online copyright
infringements, implementing the provisions of the
Directive 2000/31/EC on electronic commerce (art.
12-14) and the corresponding Presidential Decree PD
131/2003 (art. 11-13).
* Attorney-at-Law, DEA Intellectual Property, DEA Legal
Theory, Media Law Expert, Legal Advisor at the National
Council of Radio and Television (NCRTV) Greece, www.tmk-
law.gr.
1 See D. Kallinikou / P. Koriatopoulou, Chronique de Grèce,
RIDA 254 oct. 2017, pp. 119-120.
2 The sanctions are imposed to specic categories of
internet intermediaries2 (internet access providers3
2 For the different types of internet intermediaries and the
evolution of their concept see P. Baistrocchi, Liability of
Intermediary Service Providers in the EU Directive on Electronic
Commerce, Santa Clara High Technology Law Journal, vol.
19, 1/2003 available at <https://digitalcommons.law.
scu.edu/cgi/viewcontent.cgi?article=1315&context=cht
lj>, P. A. De Miguel Asensio, Internet Intermediaries and the
Law Applicable to Intellectual Property Infringements 3 (2012)
JIPITEC 3, 350 available at <https://www.jipitec.eu/issues/
jipitec-3-3-2012/3522/asensio.pdf>, B. van der Sloot,
Welcome to the Jungle: the Liability of Internet Intermediaries for
Privacy Violations in Europe, (2015) JIPITEC 211, available at
<https://www.jipitec.eu/issues/jipitec-6-3-2015/4318>.
3 For the denition of the internet access providers, on the
one hand Greek legal doctrine follows the framework set by
the articles 12-14 of the Directive 2000/31/EC on electronic
commerce, and, on the other hand, the ECJ jurisprudence.
According to the Order of 19 February 2009 in the case
C-557/07 LSG-Gesellschaft zur Wahrnehmung von
Leistungsschutzrechten GmbH v Tele2 Telecommunication
GmbH (TELE2), “access providers which merely provide

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