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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 specialise in representing companies from the life sciences, 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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18/05/2022
Trade secrets in Aus­tria
Gen­er­al 1. Has the Dir­ect­ive (EU) 2016/943 of the European Par­lia­ment and of the Coun­cil of 8 June 2016 on the pro­tec­tion of un­dis­closed know-how and busi­ness in­form­a­tion (trade secrets) against their...
Comparable
04/05/2022
More de­tail has be­come avail­able about how to as­sess pat­entab­il­ity of com­puter...
In March 2021 the En­larged Board of Ap­peal of the European Pat­ent Of­fice answered ques­tions con­cern­ing pat­entab­il­ity of com­puter soft­ware sim­u­la­tions in case G1/19. A Tech­nic­al Board of Ap­peal has ap­plied...
20/04/2022
Rus­sia’s latest re­sponse to West­ern Sanc­tions – an af­front to In­tel­lec­tu­al...
One of Rus­sia’s re­sponses to the mount­ing West­ern sanc­tions for its in­va­sion of Ukraine has been to un­der­mine the pro­tec­tion af­forded to West­ern in­tel­lec­tu­al prop­erty rights. On 5th March 2022, the...
29/03/2022
Where’s my “NFT” gone? Po­ten­tial pit­falls of NFT own­er­ship
NFTs have re­ceived a lot of at­ten­tion in the last year, so much so that Collins Dic­tion­ary named “NFT” their word of the year for 2021. But it is worth not­ing that own­er­ship of an NFT of­ten ul­ti­mately...
23/03/2022
To file or not to file? Trade mark pro­tec­tion in the meta­verse
Wheth­er you’re fa­mil­i­ar with the term or hear­ing it for the first time, many glob­al brands have be­gun to con­sider the im­plic­a­tions that the meta­verse might have on their IP. There are, seem­ingly, bound­less...
21/03/2022
Ab­use of law and pro­cess in trade mark can­cel­la­tion pro­ceed­ings – EUIPO...
In a re­cent de­cision (case R 904/2021-1), the Board of Ap­peal of the EU In­tel­lec­tu­al Prop­erty Of­fice (EUIPO) con­firmed the find­ings of the EUIPO Can­cel­la­tion Di­vi­sion that, al­though the re­voc­a­tion ap­plic­ant...
09/03/2022
Down­load­able ap­plic­a­tion soft­ware in Class 9 – a re­l­at­ively gen­er­ous find­ing...
In a re­cent de­cision, the Gen­er­al Court (“GC”) held that the pro­pri­et­or of the trade mark PO­MODORO (the “Mark”), Mr Francesco Cir­illo (“Cir­illo”), had es­tab­lished genu­ine use for ‘count­down...
21/02/2022
Uni­fied Pat­ent Court: opt out – prac­tic­al is­sues to con­sider
The Unit­ary Pat­ent (“UP”) and Uni­fied Pat­ent Court (“UPC”) will soon enter force in Europe, re­volu­tion­ising the European pat­ent sys­tem and present­ing both op­por­tun­it­ies and risks. Now is the time...
16/02/2022
Whose in­ven­tion is it? - On the ar­bit­rab­il­ity of IP-re­lated dis­putes
In a judg­ment of 5 May 2021, the Landgericht München I (dock­et num­ber 21 O 8717/20) dis­missed a claim brought by a French man­u­fac­turer of blow molds against a Ger­man busi­ness part­ner in re­la­tion to a...
11/02/2022
5 Years’ Ac­qui­es­cence – do not leave it too late! Re­cent case law de­vel­op­ments...
UK and EU trade mark law has and con­tin­ues to provide a stat­utory de­fence against in­fringe­ment and re­gistry based can­cel­la­tion ac­tions, where the own­er of the earli­er trade mark is deemed to have had...
09/02/2022
What next for de­scrip­tion re­vi­sions at the European Pat­ent Of­fice?
The European Pat­ent Of­fice (EPO) typ­ic­ally re­quire pat­ent de­scrip­tions to be re­vised to agree with the claims of the pat­ent ap­plic­a­tion.  In March 2021 the EPO Guidelines were re­vised to add that em­bod­i­ments...
02/02/2022
An in­ter­na­tion­al ex­pert team from CMS ad­vises Grein­er AG on the suc­cess­ful...
Shortly be­fore the be­gin­ning of the year, CMS Aus­tria sup­por­ted the Aus­tri­an plastics and foam spe­cial­ist Grein­er AG on the suc­cess­ful sale of its ex­tru­sion di­vi­sion, in­clud­ing the as­so­ci­ated op­er­a­tion­al real es­tate in Nußbach, Up­per Aus­tria, and Trhové Sv­iny, Czech Re­pub­lic. On 21 Decem­ber 2021, the Ger­man Fed­er­al Car­tel Of­fice ap­proved the sale of the Aus­tri­an- based Grein­er Ex­tru­sion Group (GEG) to the Dutch-Ger­man in­vest­ment com­pany Nim­bus – the ma­jor­ity own­er, amongst oth­er things, of bat­ten­feld-cin­cin­nati, one of CEG’s com­pet­it­ors with sub­si­di­ar­ies in Ger­many, Aus­tria, the USA and China. The now af­fil­i­ated com­pan­ies in­tend to ex­ploit syn­er­gies in pur­chas­ing, at least. Oth­er­wise, both en­tit­ies will re­main in­de­pend­ent com­pan­ies with their or­gan­isa­tion­al struc­tures and mar­ket pres­ence. As part of the trans­ac­tion, the ex­perts of the CMS ad­vis­ory team, led by Al­ex­an­der Rakosi, Flori­an May­er and Anna Hiegel­sper­ger, had to nav­ig­ate nu­mer­ous com­plex leg­al top­ics on trans­ac­tion-re­lated as­pects as well as in the areas of real es­tate law and an­ti­trust/com­pet­i­tion law. The in­ter­na­tion­ally ex­per­i­enced team of ex­perts at CMS Aus­tria also in­cluded Di­eter Zand­ler (an­ti­trust law), Vanessa Hor­aceck (com­pet­i­tion law), Hans Le­der­er (trade­mark law), Jo­hannes Hysek (real es­tate law), Mar­i­ella Ka­poun (real es­tate), Sibylle Novak (in­ter­na­tion­al tax law), Thomas As­pal­ter (tax law), Cor­ne­lia Kreuth (M&A), Chris­toph Birner (fin­an­cing) and Al­ex­an­dros Hant­asch (cor­por­ate trans­ac­tions). In ad­di­tion, the Aus­tri­an ad­vis­ory team was also sup­por­ted by col­leagues from oth­er CMS of­fices. The in­ter­na­tion­al CMS team con­sisted of Stepan Hav­ranek (CZ), Eva Bryn­dova (CZ), Mi­chael Mun­zinger (PRC), Lei Shi (PRC), Dipesh Santilale (UK), Sabby Ken­zie (UK), Mar­gaux Deuchler (F), Thomas Hains (F), Blazej Zagor­ski (PL) and Marta Os­owska-Buba (PL). Lead part­ner Al­ex­an­der Rakosi hap­pily notes: “In­ter­na­tion­al trans­ac­tions bring multi-fa­ceted chal­lenges. We are glad to have been able to provide com­pre­hens­ive leg­al ad­vice to the Grein­er Group from pro­ject kick-off to its suc­cess­ful clos­ing across all coun­tries.”