The Supreme Court recently clarified the applicability of Article 12(c) of the Community Trademark Regulation in the context of comparative advertising, ruling that it should be interpreted narrowly and must…

In order to carry out dismissals and mass terminations, the Austrian legal regime requires the employer to give prior notification to the appropriate agency and observe the relevant terms. Additionally,…

Austrian Chapter from Jakob Widner

Country Q&A von Jakob Widner

In a recent decision the Supreme Court clarified the scope of a works council´s right to freedom of information under the Labour Relations Act. ILO Newsletter, February 23, 2011 Details…

In a recent decision the Supreme Court evaluated the scope of patent protection of so-called 'Swiss-type claims' and infringements constituted by dietary supplements, thereby interpreting the European Patent Convention on…

A recent Supreme Court decision could have broad ramifications for employers that seek to raise individual employee performance by incentivizing their salary systems. Regardless of obtaining express consent from each…

The Act on Secondment is broad in scope and basically applies to any scenario in which employees are seconded to a third party. The law´s purpose is to provide rules…

Under Austrian rules on collective bargaining, certain matters that affect the interests of staff are subject to regulation at plant level. Section 30 of the Labour Relations Act specifically requires…

Unemployment insurance is compulsory for all employees. Employers and employees must each contribute 3% to the social security provider. Since January 1 2009 self-employed indiviuals can opt into the system.…