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Intellectual Property

Austria

The success of a company springs from its ideas. By obtaining, defending and licencing various property rights ranging from trademarks to designs, patents, protection certificates and utility models, this potential is transformed into financially measurable company values. A cohesive IP strategy, including both commercialisation and enforcement, will ensure you get maximum value from your portfolio.

With 150 IP-lawyers in 42 countries, we understand your business needs. CMS has worked with some of the best-known brands and we specialize in representing companies from the lifesciences, pharmaceutical, medical products, media, telecommunications, clothing, computer and consumer goods industries. We advise and represent clients during trademark registrations and similarity examinations, handle their trademark portfolios and potential breaches of their trademark, design, patent and protection certificate rights, and prosecute product piracy for our clients at customs authorities and courts across Europe. Our expertise extends to parallel and grey imports, sales rights and associated legal fields such as pharmaceutical products, media, telecommunications and broadcast law.

The right brands will win the hearts and minds of your customers. The right patents will prevent others exploiting your ideas or provide a substantial barrier to market access. Copyright, know-how and designs also play a vital role. In the event of a breach of property rights, we support our clients in asserting their rights before courts and criminal courts. Our range of services includes warnings, injunctions, lawsuits and border confiscations as well as the increasingly important international assertion of intellectual property rights.

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Egon Engin-Deniz
04/12/2018
CMS Busi­ness Break­fast: Ready for the new trade secrets...
17/10/2018
Chin­a's courts pass con­tro­ver­sial rul­ings on open-source li­cen­cing
In a re­cent de­cision that could have leg­al im­plic­a­tions on the use of open-source soft­ware in China, the Beijing In­tel­lec­tu­al Prop­erty Court (BIPC) used a con­tro­ver­sial test to de­term­ine wheth­er soft­ware de­veloper YouZi in­fringed on copy­right or simply ex­ploited.
01/10/2018
Hans A. Le­der­er ist Coun­sel bei CMS in Wien
25/07/2018
Kenzo v Kenzo Es­tate: The CJEU con­siders the ad­miss­ib­il­ity of late...
In­tro­duc­tion The latest de­cision of the Court of Justice of the European Uni­on ("CJEU”) in the Kenzo case provides use­ful guid­ance on ad­miss­ib­il­ity of late evid­ence in EU trade mark ap­peal pro­ceed­ings and cla­ri­fies the mean­ing of ‘un­fair ad­vant­age’ for well-known.
Egon Engin-Deniz
01/01/2018
Pro­tect­ing ideas, se­cur­ing profit
Bro­chure In­tel­lec­tu­al Prop­erty
14/06/2018
CJEU rules that Louboutin's red sole trade mark is not a shape trade...
On 12 June 2018, the Court of Justice of the EU rendered its much-awaited judge­ment in the case about Louboutin’s red sole trade mark, rul­ing that this trade mark does not re­late to a spe­cif­ic shape of sole for high-heeled shoes since the de­scrip­tion ex­pli­citly.
27/11/2017
CMS Ad­vises Nanog­ate SE on Ex­pan­sion in­to Aus­tria and...
28/03/2018
Brexit up­date on In­tel­lec­tu­al Prop­erty Rights -Draft With­draw­al Agree­ment
On 20 March 2018 the UK and EU Com­mis­sion pub­lished the draft With­draw­al Agree­ment (here), which re­flects the cur­rent status of Brexit ne­go­ti­ations between the UK and the EU. The text of the Agree­ment has been col­our-coded to show: (1) agreed terms that are.
03/10/2017
CMS Part­ner Egon En­gin-Den­iz to Pub­lish a New Edi­tion...
26/03/2018
McHardy with­draws in­junc­tion re­quest – Is this a vic­tory for open...
After the with­draw­al of re­quest for in­ter­im in­junc­tion in Co­logne High­er Re­gion­al Cour­ton March 7, can users of open source soft­ware breathe a sigh of re­lief or does this with­draw­al give rise to false hope? When Co­logne Re­gion­al Court is­sued an in­junc­tion in.
28/09/2016
Com­mer­cial Ex­pert Chris­ti­an Stöger­er Is At­tor­ney-at-Law...
19/03/2018
Open Source Com­pli­ance
Open source com­pli­ance fail­ures can pose a ser­i­ous threat to af­fected com­pan­ies. Here is an over­view. After the first open source li­cense was en­forced by a Ger­man court in 2004, there is no longer any doubt about their valid­ity.