On 19.11.2021, the Austrian Parliament took one of the last steps necessary for implementing the EU-wide unitary patent and opening the Unified Patent Court. The Austrian Parliament approved the “Protocol to the Agreement on a Unified Patent Court on provisional application”, which enables the establishment of the Unified Patent Court. The Parliament approved the treaty on 2.12.2021 and the President of Austria could sign it into law before Christmas. Ratification by Austria would fulfill the required number of 13 ratifications for implementation and the final preparations could begin. Now, for example, competent judges will be appointed and the IT system will be set up. This preparatory phase will take at least eight months but may also take longer. Optimistically, the Unified Patent Court could open its doors as early as the second half of 2022. 

Continue reading

First application of the Glawischnig-Piesczek CJEU decision

As reported, the CJEU clarified in the Glawischnig-Piesczek decision (C-18/18) the possible scope of injunctions against host providers such as Facebook. Following this decision courts may order the deletion not only of the specific infringing post but also of all information with equivalent meaning, even if it originates from other users.

In a new and unrelated case (4 Ob 36/20b), the Austrian Supreme Court (OGH) applied these principles for the first time and issued a remarkably broad injunction. The Austrian Broadcasting Corporation (ORF) acted as plaintiff against defendant Facebook. The dispute concerned the following picture of an ORF news anchor, to which an Austrian politician had added a text translating to: “There is a place where lies become news. This is the ORF”:

Continue reading

It is time for the yearly IPDAY at WU Vienna (Vienna University of Economics and Business) again! Taking place on Monday, September 30, 2019, the event will feature a number of presentations with a focus on copyright law in the digital single market as well as an interesting block on artificial intelligence. Outstanding international speakers will provide practical insights. An overview of recent case law in the field of intellectual property in Austrian and Germany is a further incentive for practitioners. Join us and register under https://www.ip-day.at/anmeldung.php?id=6.