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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