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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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CMS Ex­pert Guide to COV­ID-19's Im­pact on IP Leg­al Tim­ings
19 May 20
High Court rul­ing con­firms SkyKick in­fringed Sky’s trade marks
On 29 April 2020, Lord Justice Arnold handed down his judg­ment in the High Court in­fringe­ment pro­ceed­ings in Sky Plc v Skykick UK Ltd [2020] EWHC 990 (Ch).  The de­cision ap­plies the CJEU’s guid­ance...
20/04/2020
Sky vs. SkyKick: The CJEU lets trade­mark own­ers breathe...
19 May 20
Not Pat­entable – The end of the line for plants and an­im­als pro­duced...
The highest ju­di­cial au­thor­ity at the EPO is­sued their opin­ion late last week in the con­tro­ver­sial G3/19 (Pep­per) case. Con­trary to pre­vi­ous de­cisions in G2/12 and G2/13 (To­mato/Broc­coli), the En­larged...
20/03/2020
In­tel­lec­tu­al Prop­erty Of­fices in Europe and Aus­tria...
18 May 20
Boards of Ap­peal at the European Pat­ent Of­fice to re­sume hold­ing or­al...
The European Pat­ent Of­fice (EPO) Boards of Ap­peal have is­sued a new com­mu­nic­a­tion today ad­vising that, to a lim­ited ex­tent, the Boards of Ap­peal will re­sume hold­ing or­al pro­ceed­ings from Monday 18th May...
28 Jan 20
CMS ad­vised GRAPHA-Hold­ing AG on the ac­quis­i­tion of...
13 May 20
Göm­böc: CJEU provides clar­ity on the pro­tect­ab­il­ity of 3D trade marks
On 23 April 2020, the CJEU handed down its judg­ment in the Göm­böc[1] case, which relates to a re­fer­ral from the Hun­gari­an Su­preme Court. The CJEU answered three ques­tions re­lat­ing to the grounds for...
26/11/2019
CHINA - Up­dated Trade­mark Act
06 May 20
C‑622/18 – AR v Cooper In­ter­na­tion­al Spir­its LLC and Oth­ers - Dam­ages...
On 26 March 2020, the Court of Justice of the European Uni­on (CJEU) handed down a pre­lim­in­ary rul­ing in which they con­sidered wheth­er the own­er of a na­tion­al trade mark re­gis­tra­tion could claim dam­ages...
19 Aug 19
Big data ana­lyt­ics means big bucks for es­ports
05 May 20
European Pat­ent Of­fice (EPO) COV­ID-19 pro­vi­sions – as at 5 May 2020
The EPO has now is­sued a fur­ther guid­ance no­tice re­gard­ing its dead­lines in light of the on­go­ing coronavir­us situ­ation, which re­places the pre­vi­ous no­tice dated 16 April 2020 and which will be pub­lished...