Hands-on commentary on UPC decisions, key developments in IP law, and news from SONN.
Mar 8, 2023
Component parts of complex products are also amenable to design protection, provided that they are visible during normal use (in German, the expression “intended use” is used) and the visible features meet the…
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 →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 →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, 2010
In a recent decision regarding several registered Community Designs (RCD) the Austrian Supreme Court had to decide whether allegedly infringing double-walled glasses produce the same overall impression on the informed…
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…
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