Design Rights: Beware of the Shades of Grey

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 user as several registered Community Designs showing double-walled glasses. Once again, the Supreme Court stressed that when assessing the overall impression of the RCD the … >> read more


Christmas Donation 2010

Our christmas donation was given to “Child-Care-Afrika” and “HORIZONT3000”. “Child-Care-Afrika” supports care projects in Africa, especially for drinking water supplies as well as for children and families. “HORIZONT3000” is an Austrian NGO working in the area of development cooperation specialised in the monitoring and implementation of projects as well as in the provision of experts … >> read more

Rights to the own name may be transferred

The right to the own name is not often subject to Supreme Court decisions. However, recently the Austrian Supreme Court had to decide on two different cases regarding the assignment of rights to the own name and the interpretation of licence agreements concerning these rights (17 Ob 2/10h, 4 Ob 124/10d). The cases are based on similar … >> read more


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



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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