Artificial intelligence (AI) is a driver of digital transformation - but it also entails risks. ...

The Charging Point Data Ordinance was issued by the Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology on the basis of Section 4a (3) of the Federal ...

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’. ...

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 ...

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 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 ...

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. ...

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). ...

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 (SPCs) effectively extend the protection afforded by patents for medicinal products by up to 5 years. ...

As reported, the CJEU clarified in the Glawischnig-Piesczek decision (C-18/18) the possible scope of injunctions against host providers such as Facebook. ...

The renowned international magazine “Managing Intellectual Property” annually presents the EMEA Awards in London, which recognize the best European intellectual property firms. ...

Gassauer-Fleissner Attorneys at Law again achieved top rankings by the renowned law firm guides World Trademark Review (WTR 1000) (Silver, trademark law) and by Chambers and Partners (Band 1, intellectual ...

The United Kingdom left the European Union on January 31, 2020. What happens now to your EU trade mark(s) (“EUTM”)? ...

Preliminary injunctions (PIs) allow rapid and effective action against infringements of intellectual property rights. ...

If courts declare a hate posting illegal, they can require social networks (here Facebook) to remove not only this posting but also all posts with the same meaning, even if ...

While there are legal remedies for victims of hate comments or other legal violations on Facebook and similar platforms, an action against the original infringer often comes too late. ...

In a new decision (case C673/17), the CJEU clarified an essential issue for website operators. ...

Due to the borderless nature of the Internet, it is often a hard question in which country right holders may file an action against online IP infringements. ...

Sampling, i.e. the use of individual sequences from existing pieces of music as part of a new work, is widespread. It is an essential element in hip hop and electronic ...

Editors Alexander Koller and Michael Stadler have put a lot of work and heart and soul into it: The commentary published in June 2019 by Linde Verlag for the first ...

If intellectual property rights are infringed, the rights holder may – as an alternative to compensation for the damages actually suffered or a reasonable royalty – request the surrender of ...

It is time for the yearly IPDAY at WU Vienna (Vienna University of Economics and Business) again! ...

Under Austrian law, holders of exclusive trademark licenses used to be allowed to take legal action against infringers by virtue of the exclusive license ...