Sep 1, 2007
In a first leading decision the Austrian Supreme Court has clarified several issues of such cases. The decision is about the trademark and tradename "Wein & Co." (Wine & Co.), a famous chain of wine stores and wine bars…
Read more →Jul 1, 2007
For pediatric medication the possibility to file a request for extension of the maximum duration of Supplementary Protection Certificates (SPC) at the Austrian Patent Office exists. In connection therewith, we beg to…
Read more →Jul 1, 2007
Already in the first Austrian Patent Law of 1897, there was the special provision that the Court had to terminate the effect of an interlocutory injunction when an adequate security was offered by the infringing…
Read more →Jun 1, 2007
Sending warning letters with respect to infringement of patents is a common exercise common, yet the practice with respect to formulation of such letters differs widely within the EU. In Austria, the practice in sending…
Read more →May 1, 2007
During a request for a declaration of partial nullity of a Supplementary Protection Certificate (SPC), the Nullity Department of the Austrian Patent Office had to decide the question, whether stating a wrong…
Read more →Apr 1, 2007
The party which has obtained a temporary injunction which finally turned out to have been injustified, has to indemnify the opposing party for all economic loss due to this temporary injunction. This is an absolute…
Read more →Feb 1, 2007
The European Directive on the legal protection of biotechnological inventions 98/44/EC has been transformed into national law on 10 June 2005. The Austrian Parliament has connected the establishment of a special…
Read more →Feb 1, 2007
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 include:…
Read more →Jan 1, 2007
On 1 December 2006, the Government of the Republic of Malta (MT) deposited its instrument of accession to the European Patent Convention (EPC) and to the Act revising the EPC of 29 November 2000. The EPC will…
Read more →Dec 1, 2006
Our Christmas donation 2006 was given (in equal shares) to "buddy-verein" and "Kinder-Krebs-Hilfe". "buddy-verein" accompanies people having HIV/AIDS with the goal to improve their psychosocial situation.…
Read more →Dec 1, 2006
We are pleased to inform you that by further optimizing our work routine and by automation of processes we have been able to maintain our fees, or even to largely reduce them, respectively. However, for orders received…
Read more →Nov 1, 2006
In a preliminary ruling case forwarded to the ECJ by the Austrian Oberster Patent- und Markensenat (OPM) and closely monitored by the Austrian IP community, advocate-general Damaso Ruiz-Jarabo Colomer delivered his…
Read more →Oct 1, 2006
Following the enactment of the Austrian Utility Model in 1994, not much guidance was given by the courts with regard to the level of inventiveness in order to meet the statutory requirement of "inventive step".…
Read more →Sep 1, 2006
The Austrian Supreme court recently decided about the duration of SPC's based on "old" Austrian national patents, which patents had been filed prior to December 1, 1984. These patents had a duration of 18 years from the…
Read more →Jul 1, 2006
With the Austrian Law Gazette » I 96/2006 the directive » 2004/48/EG on the enforcement of Intellectual Property Rights was (partially) implemented in the Austrian Patent Act, Semiconductor Act and Trademark Act. An…
Read more →Jun 1, 2006
In the decision » 4 Ob 177/05s the Austrian Supreme Court dealt for the first time with the prerequisites for validity of registered community design rights as well as with the question of infringement of a community…
Read more →Feb 1, 2006
The well-known English publishing house OXFORD UNIVERSITY PRESS has recently published the comprehensive and practical guide on the so called EC Counterfeiting Regulation » "ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS".…
Read more →Jan 1, 2006
We are delighted to announce that with effect of 1st January 2006 » Dr. Rainer Beetz acceeded to our firm as new partner. Dr. Beetz started to work in our firm as patent attorney trainee after having graduated from…
Read more →Jan 1, 2006
The leading Austrian law publisher MANZ has published a new commentary on the the Austrian Trademark Act (ATA) together with attorney-at-law Prof. Dr. Kucsko as editor. In this book 40 authors give a systematic…
Read more →Dec 1, 2005
Our Christmas donation 2005 was given (in equal shares) to "Child-Care-Afrika, Water for Africa" and "Stiftung Kindertraum". "Child-Care-Afrika, Water for Africa" works on rehabilitating irrigation systems and drinking…
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