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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 34 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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05/01/2017
Legal Committee of the European Parliament approves the Portabili...
On 29 November 2016, the Legal Committee of the European Parliament approved the regulation on “ensuring the cross-border portability of online content services” (the “Portability Regulation”). So far, the Portability Regulation is the only remaining provision.
05/12/2016
ABS Regulation - Draft Biotech Sector Stakeholder Guidance
Views are being sought from interested stakeholders on European guidance for the biotechnology sector concerning the EU’s access to genetic resources and sharing of benefits from utilisation legislation – namely the ABS Regulation.
01/12/2016
BEPS Update: Multilateral Instrument Published
The OECD has now published the multilateral instrument (“MLI”) that will implement certain of the treaty-related proposals from its project on tackling base erosion and profit shifting (“BEPS”).
30/11/2016
The CJEU determines scope of implicit consent of authors to use t...
Earlier this month the Court of Justice of the EU (“CJEU”) has rendered a decision in the Marc Soulier, Sara Dokes v. Premier Ministre, Ministre de la Culture et de la Communication case (C-301/15), whereby it scrutinized the French “Code de la Propriété Intellectuelle”.