Apr 1, 2009
The Office for Harmonization in the Internal Market (OHIM) will decrease its fees considerably as of May 1, 2009. In view of this reduction of OHIM fees, we will decrease our attorneys fees accordingly, resulting in a…
Read more →Apr 1, 2009
Within a very short period of time, the ECJ had to answer two questions from the Austrian Oberster Patent- und Markensenat for a preliminary ruling. Both questions concerned Art. 12 of the Trade Mark Directive, i.e. the…
Read more →Already in 2008, the fee structure of the European Patent Office was changed. On April 1, 2009, a new fee structure will become effective as concerns European patent applications (European divisional applications…
Read more →Jan 1, 2009
We are pleased to announce that Dr. Andreas Pföstl, a graduate of the University of Natural Resources and Applied Life Sciences, Vienna, in the subject "Food Science and Biotechnology" who passed the Qualifying…
Read more →Dec 1, 2008
Our Christmas donation 2008 was given to "Rote Nasen" (Red Nose Clowndoctors), "Menschen für Menschen" and "St. Anna Kinderspital" (Children's Cancer Research Institute). "Roten Nasen" Clowndoctors are visiting ill and…
Read more →Dec 1, 2008
The Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) issued the long awaited decision in the WARF/Thomson Stem Cell Application. The patent application was initially rejected by the Examining Division.…
Read more →Nov 1, 2008
On 28 October 2009, the Government of the former Yugoslav Republic of Macedonia (MK) deposited its instrument of accession to the European Patent Convention (EPC). The EPC will accordingly enter into force for the…
Read more →Aug 1, 2008
The CTM "PERSONAL SHOP" was registered for mail order publicity (class 35) and dispatch of mail order wares (class 38), and used by way of online shop, offering a. o. garments and household goods accessible by a…
Read more →Jul 1, 2008
Under EPC 2000 (in force since 13 December 2008) it is for the first time possible for the Enlarged Board of Appeal ("EBA") to correct decisions of Appeal Boards which have been based on essential procedural errors…
Read more →Jun 1, 2008
At the end of our last report, we deliberated whether the Republic of Austria might be liable for damages in case a court of last instance fails to comply with its obligation to file a referral to the ECJ concerning…
Read more →May 1, 2008
With its decision of 22 April 2008, the 3.3.02. Board of Appeal referred the following questions to the Enlarged Board of Appeal of the EPO: "1. Where it is already known to use a particular medicament to treat a…
Read more →May 1, 2008
The Austrian Supreme Court clarified recently that the claimant is not liable for damages in case that a previously granted interim injunction appears to be unjustified in view of a later decision by the ECJ. In the…
Read more →Mar 1, 2008
So far the Austrian Supreme Court had found in several judgments that a trade mark owner is entitled to the cancellation of a domain registration infringing the rights of the trade mark owner. The Supreme Court's…
Read more →Feb 1, 2008
The Austrian Supreme Court (OGH) has requested a new preliminary ruling from the European Court of Justice (ECJ) regarding the three?dimensional trade mark of a sitting golden chocolate rabbit (CTM 1.698.885). These…
Read more →Jan 1, 2008
In a first decision the Austrian Supreme Patent and Trademark Senate (ASPTS) found that in a declaratory action concerning the non-infringement of a patent the existing right (patent) as de-fined in the register shall…
Read more →Dec 1, 2007
The Governments of the Kingdom of Norway (NO) and the Republic of Croatia (HR) deposited the instrument of notification of the European Patent Convention (EPC) and the instrument of accession to the Act revising the EPC…
Read more →Dec 1, 2007
Our Christmas donation 2007 was given (in equal shares) to "Kinderhilfswerk" (Austrian Children's Fund) and "SOS-Children's Village". The goal of the "Kinderhilfswerk" is to provide a protected and healthy environment…
Read more →Nov 1, 2007
In one of its recent decisions, the Austrian Supreme Court clarified certain aspects of the legitimacy of addressing warning letters to employees. In the case to be decided, an interim injunction was granted to the…
Read more →Nov 1, 2007
After the well-reported Häupl vs. Lidl case of the European Court of Justice (ECJ C-246/05), in which we as patent attorneys directly before the ECJ pleaded through our partner Helmut Sonn about the starting date of the…
Read more →Oct 1, 2007
A licensee has licensed a utility model (UM) and know-how (KH) for an oxygen-enriched beverage. In addition, a gas mixing equipment was supplied by the licensor mainly for counting the drinks for calculating the license…
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