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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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28 Jan 20
CMS ad­vised GRAPHA-Hold­ing AG on the ac­quis­i­tion of...
03 Feb 20
SkyKick: Good news for brand own­ers - the CJEU's rul­ing main­tains...
Sum­mary The eagerly awaited judg­ment in the SkyKick case (C-371/18) was pub­lished on Wed­nes­day. The case relates to ques­tions re­ferred to the CJEU by the UK High Court in trade mark in­fringe­ment pro­ceed­ings...
26/11/2019
CHINA - Up­dated Trade­mark Act
31 Jan 20
UK In­tel­lec­tu­al Prop­erty Of­fice finds that pat­ent law does not cater...
The UK In­tel­lec­tu­al Prop­erty Of­fice has found that DABUS is not a per­son and so can­not be con­sidered an in­vent­or of a pat­ent. DABUS is an ar­ti­fi­cial in­tel­li­gence (AI) ma­chine. The UKIPO ac­cep­ted the in­dic­a­tion...
19 Aug 19
Big data ana­lyt­ics means big bucks for es­ports
31 Jan 20
A Short Guide: Pri­or­ity En­ti­tle­ment at the EPO
Art­icle 87 EPC Pri­or­ity right (1) Any per­son who has duly filed, in or for (a) any State party to the Par­is Con­ven­tion for the Pro­tec­tion of In­dus­tri­al Prop­erty or (b) any Mem­ber of the World Trade Or­gan­iz­a­tion,...
16 Aug 19
Not just a logo on a t-shirt - spon­sor­ing es­ports
15 Jan 20
Can newly dis­covered can­nabis com­pounds be pro­tec­ted by pat­ents?
A break­through dis­cov­ery has re­cently hit the news: tet­rahy­drocan­nabi­phorol (THCP) and can­na­bid­i­phorol (CB­DP), two new can­nabin­oid com­pounds, have been dis­covered in Can­nabis sativa and char­ac­ter­ised...
01/03/2019
En­force­ment of European Uni­on trade marks and Com­munity...
20 Dec 19
‘Dar­unavir’ CJEU re­fer­ral with­drawn - Art­icle 3(a) of the SPC Reg­u­la­tion
At the end of Septem­ber, we re­por­ted here on the pub­lic­a­tion of AG Hogan’s Opin­ion on the joint re­fer­rals from the Ger­man Bundes­pat­ent­gericht (case C-650/17) for Mer­ck’s sitaglipt­in product and from...
04/12/2018
CMS Busi­ness Break­fast: Ready for the new trade secrets...
17 Dec 19
The rise of pat­ent wars in Europe’s gene ther­apy space
The gene ther­apy in­dustry is in an ex­cit­ing phase of growth, un­der­go­ing sig­ni­fic­ant M&A activ­ity, product sales and new mar­ket­ing au­thor­isa­tions that are be­ing is­sued with in­creas­ing reg­u­lar­ity glob­ally....