SONN Patentanwälte – IP Attorneys

Is the underside of a bicycle saddle visible during normal use?

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 requirements of novelty and individual character. In some cases, however, it may be unclear...

"Flower of Life"

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 relied upon unregistered Community design rights for a ring in the shape of...

Austrian Supreme Court dismisses infringement action on design rights

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 for marketing an allegedly infringing product. The action was dismissed by...

Who owns a design right?

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. In case of a formal acknowledgement of that ownership in a design register,...

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...

Imitation Marketing

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 packed in two layers of 5 and respectively 6 knives such that when the cover of the...

Article 10 of the Enforcement Directive not fully implemented into Austrian Law

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 include: recall from the channels of commerce definite removal from the channels of commerce,...