Export vs. import, validity of a patent and request for recall of infringing products

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 administration of a narcotic, namely fentanyl. The defendant had an Austrian marketing authorisation and sold transdermal patches containing fentanyl; the plaintiff used … >> read more

01.10.2010

How far do recall claims reach?

As already reported in the March 2007 issue, in the author’s opinion Austria has not fully implemented Art. 10 of the Enforcement Directive. In particular, Austrian law does not provide for a measure to recall infringing goods from the channels of commerce. When implementing the Enforcement Directive to Austrian national law, the legislator considered that corresponding … >> read more

01.02.2010
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