Hands-on commentary on UPC decisions, key developments in IP law, and news from SONN.
Jun 8, 2026
The unconditional amendment of the Unitary Patent in the counterclaim proceedings has retroactive effect to the date of grant. However, the infringement of the national part of a European patent in a state that is not a…
Read more →A patent infringement is not excluded by the fact that a device is normally operated in a non-infringing manner and that customers therefore regularly do not make use of the patented teaching, as long as the use of the…
Read more →May 28, 2026
The approach taken by the Unified Patent Court when establishing inventive step under Art 56 EPC is as follows:
Read more →In the case of a claim for a second medical use, a substance or composition within the meaning of Article 54(4) EPC is used for a specific use that is not part of the state of the art. Such a therapeutic use can be a…
Read more →Feb 24, 2025
The independent product claim protects a pharmaceutical formulation of the anti-IgE antibody rhuMAb E25, characterized by the formulation comprising approximately 150 g/L of the anti-IgE antibody in 0.02 M histidine,…
Read more →Jan 14, 2025
The patent in suit protects an avalanche transceiver in which, among other things, a control unit is provided to drive a loudspeaker to output a voice message depending on an event, with the loudspeaker also being…
Read more →Jun 23, 2022
For the purpose of examining whether the requirement of Art 123 (3) EPC that the European patent shall not be amended in such a way that its scope of protection is extended are complied with, national infringement laws,…
Read more →Feb 11, 2019
A hotel in a skiing area known for its bar featuring scantily-clad dancing girls was found to have an infringing trade mark. The lower courts issued an injunction in a first partial judgment. A further partial judgment…
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 →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 →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 →Jul 1, 2013
In a case on trade mark infringement, the Austrian Supreme Court developed its previous case law on the scope of protection of trade marks. The decision also deals with the defence of non-use of the plaintiff's mark in…
Read more →The famous Austrian manufacturer of energy drinks Red Bull recently successfully enforced CTM 2534774, a trade mark consisting of blue and silver, whereas these two colours make up half of the mark each. Red Bull sued…
Read more →Jul 1, 2012
In Austria there is a producer for sweet products famous for its foamy sweets in the form of a bomb. The outer form of those sweets was denied trade mark protection back in 1976 since their bomb-form is technically the…
Read more →Mar 1, 2012
In a recent decision the Austrian Supreme Court had to decide on the professional liability of an attorney-at-law due to malpractice in a utility model infringement action. The claimant argued that due to miscounselling…
Read more →Feb 1, 2012
In a recent decision the Austrian Supreme Court had decided a dispute between the trade mark owners of "ORAL B"® and "Dr. Best"®. Both companies produce toothbrushes. The dispute particularly focused on the construction…
Read more →Jan 1, 2012
This war concerns the use of the sign BUD and was fought between the famous brewery in České Budějovice distributing its in Austria famous "Budweiser Bier" and an Austrian importer of "American Bud" and "BUD light" of…
Read more →Some of the more vinophile IP enthusiasts might have heard of young Austrian wine called "Junker" coming from southern Styria. Already in 1986 some wineries from Styria joined together to the sell young white wine from…
Read more →Oct 1, 2011
In a recent decision the Austrian Supreme Court changed its case law with respect to merchandising articles. In the present case the defendant sold souvenir plates showing one of the famous Lipizzaner white horses of…
Read more →Sep 1, 2011
A merchant (not related to the firm Puma) in the perfume market sued a competitor for infringement of Puma's trade mark Puma's trade mark has been used for perfumes on the Austrian market through sales by means of its…
Read more →We can report an interesting decision of the Austrian Supreme Court (Oberster Gerichtshof (OGH)), applying the decisions of the European Court of Justice (ECJ) under C-532/06 on 02 Holdings Limited and C-487/07 L'Oreal…
Read more →On the basis of its RED BULL- and BULL-marks for alcoholic and non-alcoholic drinks and class 3 goods like perfumes, the firm behind RED BULL has requested cancellation of the word mark PITBULL and the device mark…
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 →Oct 1, 2010
In a recent decision the Austrian Supreme Court has handed down a judgment that may answer some burning questions on patent infringement proceedings. The case concerned a patent for a transdermal patch for…
Read more →Aug 1, 2010
This case (17 Ob 35/09k - 2 February 2010) concerned the infringement of a "Swiss-type" claim: "The use of an isoflavone phyto-oestrogen extract of soy or clover, for the manufacture of a medicament for administration…
Read more →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 →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 →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 →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 →
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 →