Flashlight decision illuminates compensation guidelines for unlawful use of IP rights

Claudia Csáky and Isabella Wiener recently analysed a decision of the Supreme Court (OGH 4Ob213/18d), whether the infringer of a registered Community design has to hand over the entire net profit or just a share of profit earned due to its use of an infringed design.

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Avoidance of overdraft payments due to preferential treatment

The Insolvency Act provides insolvency administrators with tools to challenge any actions committed by a debtor during a crucial period prior to the opening of insolvency proceedings. Recent Supreme Cour decisions regarding § 31 IO now clarify existing judicature regarding avoidance of overdraft payments due to preferential treatment and set the bar very high regarding the (un)avoidability of overdraft payments in the 12 months before the opening of insolvency proceedings.

 

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Good Friday-Dilemma

The Austrian government has reached a compromise in response to the ECJ’s ruling that the former regulation was discriminatory. While introducing a paid holiday over Good Friday for all employees (Levelling-up) would have been complied with the ECJ’s decision, the Austrian government went with a different approach by abolishing Good Friday altogether (Levelling-down), to avoid employers having to provide double pay. Instead they’ve decided on the introduction of a personal holiday for everyone, which is also to replace the former Good Friday provision in collective labor agreements. This personal holiday will be counted as a regular leave day. However, if economic reasons deem it necessary that an employee works on his/her personal holiday, then extra holiday payments have to be made. In effect, the Evangelical Church Augsburg Confession, the Evangelical Church Helvetic Confession, the Old Catholic Church and the United Methodist are losing a public holiday, while nothing changes for everyone else.

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