In the era of increased environmental awareness, the spotlight on green claims has never been more intense. As consumers are concerned about global heating and ecological sustainability, they are scrutinizing products like never before, seeking eco-friendly options that align with their values. In response, businesses have responded to this concern and consumers’ purchase interest, with brand-owners increasingly highlighting the benign or even beneficial effects their products and services have on the environment fostering a surge in green marketing initiatives. Yet, amidst this push for sustainability, the risk of being accused of greenwashing is omnipresent. As environmental characteristics of products and services are highly technical and the understanding of the various concepts involved is continuously changing, en­vir­on­ment­al/sus­tain­ab­il­ity claims raise a significant risk of confusing and misleading consumers. Many companies have fallen foul of advertising standards in this area recently. Given the high sensitivity of environmental claims and the reputational damage that can result from allegations of greenwashing, it is particularly important to make sure environmental claims are compliant. By ensuring truthful, accurate and unambiguous information is always given to the consumers, companies can avoid the risks and build a reputation for authenticity in their sustainability advertising and communications. CMS guides companies through the maze of regulations and case law and advise on the steps a company can take to ensure their advertising is not only compliant but also authentic and impactful. The priority questions we address are: Which green claims are likely to raise litigation or regulatory enforcement risks?What can businesses do to mitigate these risks?What are the likely claims/en­force­ment that could arise?Who is likely to make a claim?What are the risks in the event of a violation or a complaint? What future regulatory measures are expected and what companies have to do now to be prepared? We offer various solutions to help you be compliant and avoid accusations of greenwashing: Sustainability claim checks including regulatory risk matrix as well as litigation: evaluating the planned claims and mapping their risk as well as developing compliant marketing strategies and claims custom-tailored to your business's unique pro­file;Sus­tain­ab­il­ity-re­lated litigation: providing comprehensive support in legal disputes in the area of advertising with environmental claims;Training sessions: to empower your legal, compliance and sustainability as well as advertising teams with in-depth knowledge of sustainability risks and mitigation strategies; andBoard packs: to equip your directors/board members with actionable insights into greenwashing risks, ensuring they steer the company toward sustainable strategies with confidence and integrity.  For an initial conversation on how we can support you on greenwashing risk, please reach out to the lawyers listed on this page or to your usual CMS contact.

Medical use According to the Addictive Drugs Act, only the Austrian Agency for Health and Food Safety (AGES; supervised by the Austrian Federal Ministry of Labour, Social Affairs, Health and Consumer...

Patented technology often ranks among a company's most valued as­sets. Pro­tect­ing your business from patent in­fringe­ment – or defending yourself against patent infringement claims of third parties – can be a complex and intensive process. CMS International Patent Litigation Guide (4th edition) is your essential tool to get an overview of the options and pathways to enforce patents in the courts of 18 major jurisdictions. Drawing on the expertise of CMS patent law specialists, this essential and fully-updated guide provides clear and concise coverage of patent infringement proceedings and practice. For each jurisdiction, you can quickly assess and compare critical issues such as:Standing - Who is entitled to sue for patent infringement, the number of parties that can be included in proceedings and time limits in which infringement claims must be boughtTiming and Forum – Where proceedings are brought, typical duration of trials and the handling of FRAND/compulsory licenses in court pro­ceed­ing­sEvid­ence – Use of expert witnesses, disclosure requirements and rules on seizure of evid­ence/doc­u­ment­s­Ap­peals – Routes, grounds and timings for appeal – and the potential interim enforcement of first instance de­cisionsCosts – Estimated legal costs, appeal costs and recoverability of litigation costsIn addition, the CMS International Patent Litigation Guide covers topics like Alternative Dispute Resolution, Remedies and Injunctions – and your CMS Patent Law team in each market. For dedicated information on the enforcement of European Patents before the Unified Patent Court please also visit our CMS UPC Insight  webpage.

 Last updated: April 2023

1. Requirement to undertake reasonable steps to keep the information secret - art. 2(1)(c) There has been no relevant case law so far regarding the requirements to undertake reasonable steps to keep...

Some leaks can’t be fixed “Confidential information is like an ice cube... give it to the party who has no refrigerator or will not agree to keep it in one, and by the time of the trial you have just a pool of water.” This, from the so-called Spycatcher case (1987), applies well to corporate assets: fail to store them correctly and all you might have left is an expensive mess. The consequences of even a minor exposure of a trade secret can be huge. As this report reveals, the protection of trade secrets is rightly recognised by most senior executives as a priority issue. But the research also reveals gaps that leave companies unnecessarily exposed to risks. The top named threats – cybersecurity attacks and employee leaks – resonate with what we see impacting our clients. Increased home and remote working is straining security measures and employee loyalty. Added to this, an ‘innovate or die’ attitude in highly-com­pet­it­ive sectors can motivate new joiners to arrive with questionable material from their previous employer, or worse: outright theft between competitors. But while it is easy to focus on the lurking threats from weakened cyber security and disgruntled employees – and they are important – there are more routine actions a company can take to safeguard its secrets than just updating its IT systems or the employee handbook. Commonly, those who most need our help already have a trade secrets policy but have not properly implemented it in relation to the secret in question. Or the policy has not been updated to reflect the intangible assets the business now owns. Or protection was taken for granted. With trade secrets – which for many businesses are strategically more important than a public patent portfolio – it is always costlier and messier to find solutions after a theft or a leak. Identifying the trade secrets and the threats posed to them, combined with rigorous internal processes and well-drafted contracts, can help prevent such problems from happening. Harder, but just as necessary, is engaging hearts and minds in corporate culture, to know why trade secrets are important, why we are all are responsible for protecting them, and what may happen if we do not (to both the company and the individual). In our experience, the businesses with the strongest defences have not only thought strategically about their intangible assets and how best to protect them but are also prepared for the worst. The trick to avoiding an asset becoming a crisis is to be wise before the event.

1. How is Bolar implemented? Austria has implemented Bolar with a specific provision in Section 22, Paragraph 1 of the Patent Act 1970 which gov­erns: “(...)The effect of the patent does not extend...

General 1. Has the Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their...

Pat­ents: As­sign­ment 1. How may a patent be assigned (by law and/or transaction) and is it required to record the assignment in the national patent register to become effective?  N/A 2. Which formalities...