SONN Patentanwälte – IP Attorneys

  1. "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...

  2. 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...

  3. 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,...

  4. 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...

  5. 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...

  6. 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,...
Top