Intellectual Property / IP & IT

Intellectual property protection is another core competency of our firm.

We provide our clients with comprehensive advice in all areas of intellectual property and information technology. Our range of services includes trademark registration, out-of-court advice on trademark creation and the development of trademark strategies, as well as the judicial enforcement of intellectual property rights (including patent rights).

We support our clients in concluding delimitation agreements – if necessary, in coordination with our specialists in antitrust law. We cooperate with our experts from the Corporate/M&A practice group when it comes to exploiting intellectual property rights in the course of company sales and spin-offs.

In the past, our team has conducted a large number of high-profile proceedings. For example, we successfully represented VELUX in the legal defence of its world-famous trademark; for KTM Fahrrad, we successfully defended the exclusive licencing rights to the “KTM” trademark in the bicycle sector against the much larger KTM motorcycles; for LUKOIL, we won domain and trademark disputes.

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News

Refill products infringe trademark

Claudia Csáky and Stefan Djusic recently analyzed the Supreme Court’s decision of December 22, 2020 (4 Ob 138/20b) on trademark infringement in relation to the use of a foreign trademark to indicate the purposes of the user’s own product.

 

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Exemption No Longer Limited to Necessary Use

Claudia Csáky recently analyzed the decision of the Austrian Court of Justice of December 22, 2020 (4 Ob 205/20f) on the subject of exemption to the trade mark proprietor’s right to prohibit a third party from using its trademark in the context of required indications of intended purpose.

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Publications