Aug 1, 2010
In the Austrian legal system a concept or defence based on acquiescence or past tolerance of behaviour is unknown - only the statute of limitation exists. Acquiescence has been implanted into it as alien element only in…
Read more →The Austrian Patent Office offers as of July 1, 2010 the possibility of an opposition proceeding. Oppositions can be brought in against Austrian marks and the Austrian part of international marks, this after the…
Read more →Jul 1, 2010
We are pleased that the MIP Global Award as "IP Firm of the Year 2010" in Austria was awarded to SONN & PARTNER Patentanwälte. During the ceremony of the MIP Global Awards in London last week the commendation "Firm of…
Read more →Jun 1, 2010
The differences between various jurisdictions how and to what extent the prosecution history can be used lateron in infringement and revocation actions for construing the patent in suit are immense. Sofar, Austrian…
Read more →May 1, 2010
In proceedings for preliminary injunctions claimants recently try to rely on amended claims which are - as opposed to the granted claims - limited based on a disclosure only included in the specification. Is such a…
Read more →May 1, 2010
End of December 2009, the Austrian Parliament enacted a significant Amendment to the Patent and Trade Mark Acts. The "Innovation Protection Amendment 2010" provided abolishment of annuities for the first five years for…
Read more →On 11 February 2010, the Government of the Republic of Albania (AL) deposited its instrument of accession to the European Patent Convention (EPC). The EPC will accordingly enter into force for Albania on 1 May 2010. The…
Read more →Feb 1, 2010
As already reported in the March 2007 issue, in the author's opinion Austria has not fully implemented Art. 10 of the Enforcement Directive. In particular, Austrian law does not provide for a measure to recall…
Read more →Feb 1, 2010
The Austrian rules on remuneration for invention made by employees are in several aspects quite different to those in Germany. Two of them are highlighted here. In Austria, the employer is free to decide whether he…
Read more →Jan 1, 2010
We are pleased to announce that Dr. Philipp Weinzinger, a graduate of the University of Vienna in the subject of Biochemistry following the successful Qualifying Examination for professional representatives before the…
Read more →Amendment of the Patent Office Fees Act In Austria, an amendment regarding the official fees to be paid at the Patent Office has come into force on January 1, 2010; this amendment particularly concerns patents and…
Read more →On 13 February 2009, the President of the European Patent Office and Montenegro's Minister for Economic Development signed an agreement on the extension of European patents (extension agreement). This agreement enters…
Read more →Jan 1, 2010
The Enlarged Board of Appeal's (EnBoA's) practice with respect to violations of the "Right to be Heard" (Art. 113 EPC) in cases for Petition for Review under Article 112a EPC: With the EPC 2000 (in force since 13…
Read more →Dec 1, 2009
Our christmas donation was given to "Caritas Socialis" and "HIVmobil". The organization "Caritas Socialis" supports and attends people from the beginning to the end of their lifetime. Their specialized offers are for…
Read more →Oct 1, 2009
The uncertainties in the jurisprudence about the possibility to cancel domain names formed by using the names of others has now been clarified. In two decisions regarding domain names for websites criticizing the…
Read more →Sep 1, 2009
In a recent judgement the Austrian Supreme Court had to decide a case on knives which were protected as registered Community Designs. These knives were sold in sets consisting of 11 knives, whereas the knives were…
Read more →Aug 1, 2009
The European Directive on the legal protection of biotechnological inventions 98/44/EC was transformed into national law on 10 June 2005. The Austrian Parliament has connected the establishment of a special monitoring…
Read more →Jul 1, 2009
The "Postkantoor"-decision of the European Court of Justice (ECJ case C-363/99 "Postkantoor") has ruled among other points in point 6 "Directive 89/104 prevents a trade mark registration authority from registering a…
Read more →Jun 1, 2009
The world known carmaker MAZDA has among many others registered trade marks for the word MAZDA and for its logo, which both are famous trade marks, also in Austria. A firm in the province of Lower Austria offers chip…
Read more →On 21 April 2009, the Government of the Republic of San Marino (SM) deposited its instrument of accession to the European Patent Convention (EPC). The EPC will accordingly enter into force for San Marino on 1 July 2009.…
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