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Jia Schulz-Cao

Lawyer

CMS Reich-Rohrwig Hainz
Rechtsanwälte GmbH
Gauermanngasse 2
1010 Vienna
Austria
Languages German, English, Chinese

Jia Schulz-Cao is a lawyer in the fields of Intellectual Property, Life Sciences & Healthcare and TMC - Technology, Media & Telecommunications. His practice focuses on contentious and non-contentious trademark and patent law as well as unfair competition. 

Jia Schulz-Cao has been a member of the Intellectual Property team since 2012. He advises international and national clients, particularly in the life sciences, agriscience, consumer and luxury goods, food, media and telecommunications sectors.
After studying law at the Universities of Vienna and Sheffield, Schulz-Cao was a Senior Visiting Scholar at Tsinghua University Law School in Beijing. He then worked as a trainee lawyer at the European Patent Office in Munich in the European and International Legal Affairs Department.
Schulz-Cao has extensive knowledge of Chinese intellectual property law and holds a doctorate in the field of Chinese trademark law. He is fluent in Chinese (Mandarin) and is therefore regularly entrusted with projects related to China. Schulz-Cao regularly publishes in professional journals and lectures on intellectual property, especially with a focus on China.

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Memberships & Roles

  • Austrian Bar Association
  • Association for Chinese Lawyers in Europe (ACLE)
  • Joseph von Sonnenfels Center für die ökonomische Analyse des Rechts
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Publications

  • Staber/Schulz-Cao, Austria – Are doctors allowed to apply non-conventional treatments?, CMS Law-Now, 5.8.2019.
  • Engin-Deniz/Schulz-Cao, Neuartige Prophylaxe gegen Produktpiraterie, CMS, 27.6.2019.
  • Engin-Deniz/Schulz-Cao, Fast-Track Patentanmeldung in China, CMS, 17.6.2018.
  • Engin-Deniz/Schulz-Cao, Was bringt die neue EU Markenrechtsreform?, CMS, 22.2.2016.
  • Engin-Deniz/Schulz-Cao, EU-Markenrechtsreform tritt in Kraft, CMS 1/2016.
  • Aktuelle Entwicklungen in der chinesischen IP-Praxis – Fokus: Neuerungen im chinesischen Markenrecht, China Report 177–178/2020.
  • Das chinesische und österreichische Markenrecht – eine rechtsvergleichende Analyse (2019).
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Lectures list

  • Das Markenrecht Chinas: Chancen und Herausforderungen, Österreichisch-Chinesische Gesellschaft, Österreichische Gesellschaft für Chinaforschung, 15.4.2020.
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Education

  • 2021 – Zulassung als Rechtsanwalt in Österreich
  • 2019 – Dr. iur., Rechtswissenschaften, Universität Wien
  • 2016/17 – Senior Visiting Scholar, Tsinghua University Law School, Peking
  • 2015 – Mag. iur., Rechtswissenschaften, Universität Wien
  • 2012/13 – Erasmus, University of Sheffield, UK
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Feed

27/03/2024
Cannabis law and legislation in Austria
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...
01/02/2024
Early days of the UPC - key issues and take-aways
 
21/07/2023
CMS International Patent Litigation Guide
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.
26/05/2023
'No Patent on Life' – Unitary Patent to circumvent Austrian’s latest amendment...
With the announcement “No patents on life”, the Austrian federal government has presented the latest initiative to amend the Patent Act. It makes clear that in the future no form of conventional breeding...
15/09/2022
Pharmaceutical advertising regulation and medical device advertising in...
1. Which laws are applicable regarding advertising of medicines and medical devices? 1.1 Medicines The primary legal source is the Medicinal Products Act (Ar­zneimit­tel­ge­setz – AMG). In addition, the...
07/06/2022
Adverse effects of drugs and vaccines in Austria
1. Drug adverse effects: kinds of responsibility 1.1 Which are the main kinds of responsibility (contractual, in tort, criminal) of the following subjects with respect to adverse drugs reactions? A...
Comparable
06/09/2021
Transfer of IP rights in the EU
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...
Comparable
12/04/2021
Are CBD cosmetics on the way?
According to the CBD Decree, enacted by the Austrian Ministry of Health, marketing cosmetics containing cannabis or cannabis extracts is prohibited in Austria. This view seems outdated considering recent...
24/03/2020
Severe setback for the EU unity patent
The German Federal Constitutional Court has annulled the law on the agreement on the EU Unified Patent Court. Before that, Great Britain had already announced that when leaving the European Union, it...
20/03/2020
Intellectual Property Offices in Europe and Austria take measures due to...
Europe is in the grip of the COVID-19 virus: Spain has declared a state of emergency and Germany is also taking restrictive measures against the spread of the corona virus. Now the European Union Intellectual...
20/03/2020
Intellectual Property Offices in Europe and Austria take measures due to...
Europe is in the grip of the COVID-19 virus: Spain has declared a state of emergency and Germany is also taking restrictive measures against the spread of the corona virus. Now the European Union Intellectual...
26/11/2019
CHINA - Updated Trademark Act
On 1 November 2019, the latest amendment to the Chinese Trademark Act came into force. The very welcome new provisions strengthen brand owners' ability to fight against product piracy and trademark coun­ter­feit­ing...