Serbia accedes to the European Patent Convention

On 15 July 2010, the Government of the Republic of Serbia (RS) deposited its instrument of accession to the European Patent Convention (EPC). The EPC will accordingly enter into force for Serbia on 1 October 2010. The European Patent Organisation will thus comprise the following 38 member states from 1 October 2010: Albania, Austria, Belgium, … >> read more

01.08.2010

Line between patent-protectable new medical indications and ineffective dietary supplements

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 in unit dosage form for the treatment of pre-menstrual syndrome, symptoms associated with menopause, or prostate cancer.” The defendant sold a product that … >> read more

Acquiescence

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 Trade Mark Law and in the Law Against Unfair Competition as far as it regulates commercially used signs … >> read more

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