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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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Klaus Pateter
19/08/2019
Big data ana­lyt­ics means big bucks for es­ports
13/09/2019
SPC Double Whammy - In­ter­pret­ing Art­icle 3(a) of the SPC Reg­u­la­tion
Sum­mary At the end of June, the CJEU heard the joint re­fer­rals from the Ger­man Bundes­pat­ent­gericht (case C-650/17) for Mer­ck’s sitaglipt­in product and from the Eng­lish Court of Ap­peal for Searle’s dar­unavir product (case C-114/18).
16/08/2019
Not just a logo on a t-shirt - spon­sor­ing es­ports
14/06/2019
The EUIPO de­liv­ers its ver­dict on the long­stand­ing dis­pute between...
EUTM Can­cel­la­tion Ac­tion: (1) Pro­mote Ice­land, (2) The Iceland­ic Min­istry for For­eign Af­fairs and (3) SA – Busi­ness Ice­land v. Ice­land Foods Lim­ited. Back­ground Three Iceland­ic au­thor­it­ies (“Iceland­ic Ap­plic­ants”) filed an ap­plic­a­tion for a de­clar­a­tion of in­valid­ity.
Our In­ter­na­tion­al In­tel­lec­tu­al Prop­erty Group
Con­tact De­tails
13/06/2019
SPC Man­u­fac­tur­ing Waiver to come in­to ef­fect 1 Ju­ly 2019
Gen­er­ics com­pan­ies will soon be able to man­u­fac­ture SPC-pro­tec­ted drugs for ex­port out­side the EU un­der new man­u­fac­tur­ing waiver pro­vi­sions. In the last six months of the SPC life­time, it will also be al­low­able to man­u­fac­ture gen­er­ics for stock­pil­ing for “day.
30/05/2019
EPO's strict ap­proach to de­cid­ing if a com­pos­i­tion can be­ne­fit from...
The EPO Tech­nic­al Board of Ap­peal (TBA) re­viewed the law around nov­elty of use, and de­term­ined that in the case of Car­di­oPoly­mer, Inc. 's European pat­ent ap­plic­a­tion (EP07837908. 8), the claimed chem­ic­al en­tity did not qual­i­fy as a 'sub­stance or com­pos­i­tion'.
08/04/2019
A new age for copy­right reg­u­la­tion in the EU di­git­al mar­ket - Part...
The Dir­ect­ive on Copy­right in the Di­git­al Single Mar­ket (the “Dir­ect­ive”) has now been ap­proved by the European Par­lia­ment and once ad­op­ted by the Coun­cil of the EU it will form part of the EU Mem­ber States’ na­tion­al le­gis­la­tion by the end of the im­ple­ment­a­tion.
03/04/2019
A new age for copy­right reg­u­la­tion in the EU di­git­al mar­ket - Part...
The European Par­lia­ment voted on 26 March in fa­vour of the Dir­ect­ive on Copy­right in the Di­git­al Single Mar­ket (the “Dir­ect­ive”). If, as ex­pec­ted, it is ad­op­ted by the Coun­cil of the EU (rep­res­ent­at­ives of Mem­ber State gov­ern­ments) in mid-April, it will be­come.
01/04/2019
European Pat­ent Of­fice 2018 An­nu­al Re­port
The European Pat­ent Of­fice (EPO) 2018 An­nu­al Re­port was pub­lished this month show­ing cur­rent trends in the use of the sys­tem, as well as how the sys­tem is per­form­ing against qual­ity con­trol mark­ers. The US con­tin­ues to be the greatest user of the sys­tem in.
27/03/2019
Judg­ment on Ab­rax­is C-443/17; 21st March 2019
The CJEU de­livered its judg­ment last week on the case of Ab­rax­is v Comp­troller Gen­er­al of Pat­ents con­cern­ing Sup­ple­ment­ary Pro­tec­tion Cer­ti­fic­ates (SPCs) for new for­mu­la­tions of medi­cin­al products. The Court has ruled that Art­icle 3(d) of Reg­u­la­tion No 469/2009,.
13/02/2019
Dot eu do­main names in a no deal Brexit - What's the plan?
In­tro­duc­tion EUR­id is the private, in­de­pend­ent, not for profit or­gan­isa­tion that has op­er­ated the. eu TLD since 2003. Last year EUR­id re­por­ted the EU Com­mis­sion’s No­tice to Stake­hold­ers which an­nounced that in the event of a no deal Brexit, UK in­di­vidu­als and.