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Portrait of Gabriela Staber

Gabriela Staber

Partner
Attorney-at-law for Life Sciences

CMS Reich-Rohrwig Hainz
Rechtsanwälte GmbH
Gauermanngasse 2
1010 Vienna
Austria
Languages German, English
Life Sciences & Healthcare

Specialisation in Life Sciences & Healthcare

Gabriela Staber is an attorney-at-law specialising in intellectual property and unfair competition law with a sector focus on life sciences & healthcare and TMC (technology, media & telecommunications).  She advises on issues related to the marketing and distribution of pharmaceuticals and medical devices as well as the protection of intellectual property. Her expertise includes advertising and product labelling, compliance, restructuring of distribution systems, reimbursement / market access, clinical trials, licensing, counterfeits and parallel imports and dispute resolution.

Industries

Her clients include pharmaceutical, medical device and biotechnology companies, healthcare start-ups and online pharmacies.

Publications and lectures

Gabriela Staber regularly publishes in specialist journals. She has co-authored of commentaries on the European Union Trademark Regulation and the Community Design Regulation, as well as contributing to the publication Distribution & Marketing of Drugs. She regularly lectures and holds trainings in the abovementioned fields.

Ranking

Gabriela Staber was named “often recommended” in JUVE 2019 for IP and Regulatory.

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Publications

  • Hasselblatt, European Union Trademark Regulation (2nd edition 2018), co-author
  • Hasselblatt, Community Design Trade Mark Regulation (2nd edition 2018), co-author
  • Distribution & Marketing of Drugs (third edition 2018), co-author
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Education

  • 2011 – Bar admission in New York and Massachusetts
  • 2010 – LL.M. in Intellectual Property and Information Technology Law & U.S. Law, Suffolk Law School (Boston)
  • 2007 – Bar admission in Austria
  • 2004 – Doctor iuris in Commercial Law (Antitrust Law), University of Vienna
  • 2001 – LL.M. in European Law, King’s College London
  • 1999 – Master of Laws, University of Vienna
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Intellectual Property

Specialisation in intellectual property law

Gabriela Staber is an attorney-at-law specialising in intellectual property and unfair competition law with a sector focus on life sciences & healthcare and TMC (technology, media & telecommunications).  In addition to dispute resolution, her expertise includes criminal prosecution of infringements, licensing of intellectual property rights, negotiation of cross-border and international agreements, protection of designs, know-how and trade secrets, management of trademark portfolios, employee inventions, software, advertising and product labelling as well as antitrust issues in connection with intellectual property rights.

Industries

Gabriela Staber advises clients from all industries with a special focus on life sciences & healthcare, consumer goods, technology and media.

Publications and lectures

Gabriela Staber regularly gives lectures and training courses in the above-mentioned fields. She regularly publishes in specialist journals and is co-author of commentaries on the European Union Trademark Regulation and the Community Design Regulation.

Ranking

Gabriela Staber was named “often recommended” in JUVE 2019 for IP and Regulatory.

more less

Publications

  • Hasselblatt, European Union Trademark Regulation (2nd edition 2018), co-author
  • Hasselblatt, Community Design Trade Mark Regulation (2nd edition 2018), co-author
  • Distribution & Marketing of Drugs (third edition 2018), co-author
more less

Education

  • 2011 – Bar admission in New York and Massachusetts
  • 2010 – LL.M. in Intellectual Property and Information Technology Law & U.S. Law, Suffolk Law School (Boston)
  • 2007 – Bar admission in Austria
  • 2004 – Doctor iuris in Commercial Law (Antitrust Law), University of Vienna
  • 2001 – LL.M. in European Law, King’s College London
  • 1999 – Master of Laws, University of Vienna
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TMC - Technology, Media & Communications

Specialisation in TMC (technology, media & telecommunications)

Gabriela Staber is an attorney-at-law specialising in intellectual property and unfair competition law with a sector focus on life sciences & healthcare and TMC (technology, media & telecommunications).  Her practice areas include television, telecommunications, new media and sports. Her expertise comprises the marketing of media rights, short reports, regulatory broadcasting and telecommunications law, advertising, licensing, copyright protection of media content, trademark law, protection of personal rights as well as reputation management and litigation and proceedings before regulatory authorities in these areas.

Industries

Her clients include broadcasters, major sports event organisers, media companies and telecommunications companies.

Publications and lectures

Gabriela Staber regularly gives lectures and training courses in the above-mentioned fields and publishes regularly in specialist journals. She is co-author of commentaries on the European Union Trademark Regulation and the Community Design Regulation.

Ranking

Gabriela Staber was named “often recommended” in JUVE 2019 for IP and Regulatory.

more less

Publications

  • Hasselblatt, European Union Trademark Regulation (2nd edition 2018), co-author
  • Hasselblatt, Community Design Trade Mark Regulation (2nd edition 2018), co-author
  • Distribution & Marketing of Drugs (third edition 2018), co-author
more less

Education

  • 2011 – Bar admission in New York and Massachusetts
  • 2010 – LL.M. in Intellectual Property and Information Technology Law & U.S. Law, Suffolk Law School (Boston)
  • 2007 – Bar admission in Austria
  • 2004 – Doctor iuris in Commercial Law (Antitrust Law), University of Vienna
  • 2001 – LL.M. in European Law, King’s College London
  • 1999 – Master of Laws, University of Vienna
more less

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07/06/2022
Trade secret laws and reg­u­la­tions 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
07/06/2022
Ad­verse ef­fects of drugs and vac­cines in Aus­tria
1. Drug ad­verse ef­fects: kinds of re­spons­ib­il­ity 1.1 Which are the main kinds of re­spons­ib­il­ity (con­trac­tu­al, in tort, crim­in­al) of the fol­low­ing sub­jects with re­spect to ad­verse drugs re­ac­tions? A...
Comparable
19/05/2022
Can­nabis law and le­gis­la­tion in Aus­tria
Med­ic­al use Ac­cord­ing to the Ad­dict­ive Drugs Act, only the Aus­tri­an Agency for Health and Food Safety (AGES; su­per­vised by the Aus­tri­an Fed­er­al Min­istry of La­bour, So­cial Af­fairs, Health and Con­sumer...
15/03/2022
Launch of re­search co­oper­a­tion between Uni­versity of Inns­bruck and CMS...
The Fac­ulty of Law at the Leo­pold Fran­zens Uni­versity of Inns­bruck and CMS Aus­tria are part­ner­ing to pro­mote uni­ver­sity re­search­ers in med­ic­al law. CMS will sup­port the re­search centre for med­ic­al law at the Uni­versity of Inns­bruck both fin­an­cially and in re­la­tion to con­tent. The CMS Life Sci­ences Award is also be­ing in­tro­duced. A co­oper­a­tion agree­ment was re­cently signed by Univ.-Prof. Dr. Wal­ter Ob­wex­er, Dean of the Fac­ulty of Law, and Dr. Gab­ri­ela Staber, Part­ner, and ex­pert in the field of Life Sci­ences & Health­care at CMS Aus­tria. The co­oper­a­tion aims to fur­ther ad­vance re­search in the field of med­ic­al law. The re­search should provide an­swers to many un­der-in­vest­ig­ated or new leg­al ques­tions in this area. CMS provides in­put from the prac­tice  The co­oper­a­tion will fur­ther in­tensi­fy the teach­ing and re­search fo­cus in med­ic­al law that has been suc­cess­fully es­tab­lished at the Uni­versity of Inns­bruck Fac­ulty of Law. Through CMS, one of the lead­ing na­tion­al and in­ter­na­tion­al law firms in the field of Life Sci­ences & Health­care, stu­dents will re­ceive valu­able in­put from the prac­tice in the fu­ture. They will be able to re­sort to a pool of cur­rent top­ic sug­ges­tions for dis­ser­ta­tions, mas­ter­'s theses, and sem­in­ar pa­pers with par­tic­u­lar fo­cus on phar­ma­ceut­ic­al and med­ic­al device law as well as bi­o­tech­no­logy. Award for ex­cep­tion­al achieve­ments  An­oth­er im­port­ant part of the re­search co­oper­a­tion is the CMS Life Sci­ences Award, which will be presen­ted once a year. The award is en­dowed with EUR 2,500 and is in­ten­ded for stu­dents whose ex­cel­lent dis­ser­ta­tions, mas­ter­'s theses or sem­in­ar pa­pers make an im­port­ant con­tri­bu­tion to re­search in med­ic­al law. In ad­di­tion to the CMS Life Sci­ences Award, con­fer­ences and net­work­ing events will be fa­cil­it­ated. These will fo­cus on in­form­a­tion and the ex­change of new res­ults to help stu­dents and aca­dem­ics bet­ter un­der­stand top­ics rel­ev­ant to the field. No de­vel­op­ment without re­search Univ. Prof. Dr. Wal­ter Ob­wex­er says about the re­search co­oper­a­tion: "Our stu­dents, dir­ect­ors and staff at the re­search centre are united in their en­deav­our to en­sure the per­man­ent de­vel­op­ment of med­ic­al law through their com­mit­ment and res­ults. We are very pleased to be work­ing with CMS, as the co­oper­a­tion will en­able us to of­fer an even bet­ter or­gan­isa­tion­al, fin­an­cial and per­son­nel frame­work for rel­ev­ant re­search pro­jects."CMS part­ner Dr. Gab­ri­ela Staber, who her­self ad­vises phar­ma­ceut­ic­al, med­ic­al and bi­otech com­pan­ies, hos­pit­als as well as health­care start-ups, em­phas­ises: "Of course, there will be many press­ing ques­tions and chal­lenges over the com­ing years, es­pe­cially in health law. This makes it all the more im­port­ant to sup­port re­search activ­it­ies and thus also cre­ate an aca­dem­ic basis for prac­tic­al work. We see ourselves here not only as a sup­pli­er of ideas and top­ics but also as an in­ter­face and con­tact broker between uni­ver­sity re­search and com­pan­ies in the life sci­ences & health­care sec­tor." Med­ic­al Law and Pub­lic Health at the Uni­versity of Inns­bruck For 20 years now, the Leo­pold Fran­zens Uni­versity of Inns­bruck has been fo­cus­ing on med­ic­al and health law. With the Uni­versity Course in Med­ic­al Law, the Sum­mer School Med­ic­al Law, the Doc­tor­al Col­lege in Med­ic­al Law and Health Care and the Re­search Centre for Med­ic­al Law, there are now four pil­lars that sup­port teach­ing and re­search in equal meas­ure. Not least, for this reas­on, the Uni­versity of Inns­bruck sees it­self as an au­thor­it­at­ive hub for med­ic­al law is­sues.
16/11/2021
Aus­tria: What's new in med­ic­al device law?
In Ju­ly 2021, a new Med­ic­al Devices Act (MPG 2021) came in­to force in Aus­tria that sets out new ob­lig­a­tions and re­quire­ments for play­ers in the med­ic­al devices mar­ket. However, it only cov­ers those leg­al...
12/10/2021
On­line gambling law and reg­u­la­tion in Aus­tria
17/09/2021
Vac­cine com­pens­a­tion re­gimes in Aus­tria
1. Are COV­ID-19 vac­cin­a­tions ob­lig­at­ory in your jur­is­dic­tion? Are you ex­pect­ing any le­gis­lat­ive changes to en­able man­dat­ory vac­cines for all or cer­tain people (e.g. health­care pro­fes­sion­als, pub­lic ser­vants...
Comparable
06/09/2021
Trans­fer of IP rights in the EU
Pat­ents: As­sign­ment 1. How may a pat­ent be as­signed (by law and/or trans­ac­tion) and is it re­quired to re­cord the as­sign­ment in the na­tion­al pat­ent re­gister to be­come ef­fect­ive?  N/A 2. Which form­al­it­ies...
Comparable
21/07/2021
Keine Produk­thaf­tung für Ge­sund­heit­s­tipps in der Tageszei­tung
Der EuGH hatte sich zu­let­zt mit der Frage zu beschäfti­gen, ob die in ein­er Kolumne ein­er großen ös­ter­reichis­chen Tageszei­tung er­schienen­en Ge­sund­heit­s­tipps ein Produkt darstel­len, für das der Medi­en­in­hab­er...
07/06/2021
CMS Sus­tain­able Busi­ness Talk
June 7 marks the first CMS Sus­tain­ab­il­ity Day. Dur­ing this im­port­ant day-long cel­eb­ra­tion of the com­mit­ment CMS is mak­ing to be the most sus­tain­able glob­al law firm, CMS will be host­ing a series of cli­ent...
12/04/2021
Are CBD cos­met­ics on the way?
Ac­cord­ing to the CBD De­cree, en­acted by the Aus­tri­an Min­istry of Health, mar­ket­ing cos­met­ics con­tain­ing can­nabis or can­nabis ex­tracts is pro­hib­ited in Aus­tria. This view seems out­dated con­sid­er­ing re­cent...
22/03/2021
Com­mu­nic­a­tion plat­forms face new ob­lig­a­tions and high fines in Aus­tria
As part of a reg­u­lat­ory pack­age against hate speech on the In­ter­net, Aus­tria in­tro­duced new ob­lig­a­tions for com­mu­nic­a­tion plat­forms. These new rules ap­ply to do­mest­ic and for­eign plat­forms alike and non-com­pli­ance...