New book: Infringement of Second Medical Use Claims
Dominik Göbel and Harald Nemec, partner at Schwarz & Partner, Patentanwälte GmbH, have co-authored the Austrian contribution to the book ‘Stief/Matschke, Infringement of Second Medical Use Claims’.
Supreme Court decides no further grid access fee for photovoltaic system
The Austrian Supreme Court (OGH) ruled in the case of a grid operator that charged a grid access fee for two photovoltaic systems installed on a company site that no new grid access fee was due for the existing grid connection that was already being used to purchase electricity.
Hamburg Regional Court ruling: AI training as permissible “text and data mining” under copyright law?
Generally, only the author (or the person entitled to use the work) of a work is entitled to exploit it. This exclusive right includes, among other things, the reproduction of the work, which already includes the creation of a digital copy for storage. Exploitation of the work by third parties is not permitted unless the author consents to this or there is a legal exception.
The worst nightmare of the creative class? DALL· E 2!
The artificial intelligence Dall E 2 generates controversy. Photographers, illustrators and designers feel threatened, because with Dall E 2, images can be created by text input. Uncomplicated and but with open legal questions.
Austria triggers go-ahead for the Unified Patent Court
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.
Strong protection for protected geographical indications and protected designations of origin
Parallel to the trademark system, there is an independent and far-reaching protection for protected geographical indications (hereinafter PGI) and protected designations of origin (hereinafter PDO).
New Guide on Austrian Design Rights
The IP-Team at Gassauer-Fleissner has contributed the Austrian Chapter on design rights in the International Comparative Legal Guide by glg.
Supplementary protection certificates for medicinal products: no more extended protection for the second authorisation of an active ingredient
Supplementary Protection Certificates (SPCs) effectively extend the protection afforded by patents for medicinal products by up to 5 years.
Has the time come for a monitoring obligation? Facebook must delete content with “equivalent meaning” for the first time
As reported, the CJEU clarified in the Glawischnig-Piesczek decision (C-18/18) the possible scope of injunctions against host providers such as Facebook.
Gassauer-Fleissner Attorneys at Law honored as Best Law Firm in the area Patent Contentious
The renowned international magazine “Managing Intellectual Property” annually presents the EMEA Awards in London, which recognize the best European intellectual property firms.