Apr 1, 2015
The basis of this case (OGH 4 Ob 98/14m "Feeling") was that as a defence against the assertion of an infringement of the Community Trade Mark "Feeling" in Austria a counter-action for revocation because of non-use and…
Read more →Feb 1, 2015
According to Austrian law, reasons for trade mark invalidity, such as bad faith, can be raised as defences in an infringement action. Such defences have to be decided as preliminary questions. For deciding on bad faith…
Read more →Jan 1, 2015
We are pleased to announce that Patent and Trademark Attorney Johannes Strobl joins the firm as partner. Johannes Strobl began his training in our firm in 2008. In 2012, he became a European Patent Attorney. In 2013 he…
Read more →Jan 1, 2015
Dec 1, 2014
Our Christmas donation 2014 was given to "Make-A-Wish Foundation® Austria" and "Gruft". "Make-A-Wish Foundation® Austria" fulfills wishes of seriously ill children between 3 and 18 years. Many children would like to…
Read more →Article 10 of the Enforcement Directive (Directive 2004/48/EC) provides corrective measures to be taken with regard to goods that have been found to infringe an intellectual property right. Those measures shall…
Read more →Nov 1, 2014
Since the reform of IP proceedings 2014, all appeals from the Austrian Patent Office are to be prosecuted before the Upper Provincial Court in Vienna (OLG Wien) with a further appeal to the Austrian Supreme Court (OGH).…
Read more →Oct 1, 2014
Austrian Patent Law accepts the ownership of patents (and other IP rights) of several natural and/or legal persons as co-owners principally but refers to general civil law all questions concerning the rights of the…
Read more →Sep 1, 2014
Within the EU the attack of a trade mark on the basis of a company name is often problematic with regard to proofs both against national trade marks and EU trade marks. According to the EU Trade Marks Harmonization…
Read more →Jul 1, 2014
This is a registered Community trade mark. Its owner and plaintiff owns a hotel in an Austrian skiing area situated directly at the skiing slope so that one can directly ski to and from the hotel. The defendant owns a…
Read more →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…
Read more →May 1, 2014
An inventor (plaintiff) has concluded a contract with a firm (defendant) to market together his invented product under his trade mark. The contract was concluded for an unlimited period without clauses for termination.…
Read more →Apr 1, 2014
In this issue, we report on a recent decision handed down by the Austrian Supreme Court in relation to a design infringement case. Both parties to the proceedings produce jewellery with esoteric symbols. The plaintiff…
Read more →Mar 1, 2014
The Austrian Supreme Court (OGH 4 Ob 140/13m) had to deal with the question whether the offer for sale at international expositions in foreign countries (Germany, Turkey) is an infringement of an Austrian patent. The…
Read more →Feb 1, 2014
Supreme Court decisions on the infringement of design rights are rare in Austria. In a recent case, the holder of a registered design setting out a grave light with a heart-shaped feature on its front sued a competitor…
Read more →Jan 1, 2014
As is probably the case in all jurisdictions, a design as intellectual property belongs primarily to its creator. In case of a team of designers (all natural persons) this leads to a shared property with several owners.…
Read more →Dec 1, 2013
We are pleased to announce that DI Johannes Strobl, a graduate of the University of Vienna in the subject of Technical Physics following the successful Qualifying Examination for professional representatives before the…
Read more →Dec 1, 2013
Our Christmas donation 2013 was given to Caritas-Vienna. "Caritas-Vienna (integration work peppa)" provide girls and young women from 10 to 20 years a wide range of activities. In addition to leisure time activities,…
Read more →Nov 1, 2013
The assessment of the distinctiveness of trade marks consisting of a slogan remains a difficult issue before patent offices and courts throughout Europe. In a recent case, the Austrian Supreme IP Tribunal had to decide…
Read more →Oct 1, 2013
In a recent decision, the Austrian Supreme Court has confirmed its previous case law on the calculation of remunerations for employee inventions. Austrian patent law provides little guidance with respect to the…
Read more →
We keep a close eye on recent legal developments, provide up-to-date advice, and develop strategies that turn new decisions to your advantage.
Contact us →