SONN Patentanwälte – IP Attorneys

UPC Local Division: Right to Information

With regard to the right to information, the questions of temporal applicability and the period for which information is to be provided are to be distinguished from each other. The rights to information enshrined in the UPCA, in particular Article 67 UPCA and Article 68(3)(a) and (b) UPCA in conjunction...

UPC Local Division: Financial Compensation

Financial compensation for the use of the published EP application also falls within the jurisdiction of the UPC (Article 32(1)(f) UPCA). Since such compensation is not regulated in either the EPatVO or the UPCA, the court must apply the provision of Article 67 EPC on the basis of Article 24(1)(c)...

Rendering of Accounts for Trademark Infringement

A hotel in a skiing area known for its bar featuring scantily-clad dancing girls was found to have an infringing trade mark. The lower courts issued an injunction in a first partial judgment. A further partial judgment was made requesting accounts of the turnover earned in connection with the...

Compensation and Damages

Recently two decisions were handed down regarding payments for infringement of IP rights, one in a copyright case concerning use of a databank (4 Ob 133/13g), and one in a trade mark case concerning the mark GRANT's for artificial whisky sold in cans (4 Ob 182/13p). Both were actions by...