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EU/Serbia: Schoenherr wins bad faith EU trademark cancellations at EU General Court

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Austria: Schoenherr advises swisspor Holding AG on its 100 % acquisition of Creaton Polska sp. z o.o., Creaton South East Europe Kft and Creaton Steildach GmbH

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Navigating through the new additions to the Slovenian insolvency framework

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Bulgaria closes the gap: new FDI screening regime enters into force

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AI Act adopted

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press release

Austria: Schoenherr advises swisspor Holding AG on its 100 % acquisition of Creaton Polska sp. z o.o., Creaton South East Europe Kft and Creaton Steildach GmbH

Schoenherr advised swisspor Holding AG on its acquisition of 100 % of the shares in Creaton Polska sp. z o.o., Creaton South East Europe Kft and Creaton Steildach GmbH, together forming the Creaton Eastern Business, from its former indirect shareholder, Terreal Holding S.A.S. In an interrelated transaction, Terreal's operations in France, Italy, Spain and the USA as well as Creaton's business in Germany and the Benelux countries were sold to Wienerberger AG, an international manufacturer of building materials and infrastructure solutions.

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press release

EU/Serbia: Schoenherr wins bad faith EU trademark cancellations at EU General Court

Schoenherr successfully represented Tehnoexport, a Serbian manufacturer of heating, ventilation and air conditioning products, in trademark cancellation proceedings against four trademarks before the EU Intellectual Property Office (EUIPO). In the proceedings, Tehnoexport claimed that its competitor filed several trademarks in bad faith, since these contained signs which had been used by Tehnoexport. The EUIPO decided that the trademarks must be cancelled due to bad faith and these decisions were confirmed by the Fifth Board of Appeal of the EUIPO.

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Serbia: Schoenherr advises Alstom on negotiation and signing of two significant agreements for Belgrade metro project

Moravčević Vojnović and partners in cooperation with Schoenherr advised Alstom Transport S.A. ("Alstom"), a leader in the development of transport systems worldwide, on the negotiation and signing of a major agreement for the construction of the Belgrade metro, i.e. the Agreement on Services for Metro Project Development.

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legal insights

blog

Of trademarks, designs and other IP rights

When developing or refining a product, including its branding, a lot of time and money are invested in creating something unique that customers will need and love. To protect this financial and creative investment, legislators have decided to grant certain monopoly rights or intellectual property (IP) rights. So, how do you determine the appropriate type of protection for your product? In our blog (link) we have mainly discussed trademark protection. But trademark law is broader than you might expect. Besides the "name" of a product, other features such as the shape, the colouring or a sound can be protected as long as they are recognised as an indication of origin and no absolute ground for refusal, like the technical functionality of the feature, applies. Still, trademark law "merely" protects indications of origin. Fortunately, there are also other IP rights that should be considered as part of a protection strategy.

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newsletter

EU: Puma faces design protection hurdle after Rihanna's Instagram exposure

The publication of designs prior to filing for EU-wide protection can lead to invalidity. A sneaker design by Puma was declared invalid due to its prior publication by Puma creative director Rihanna on Instagram.

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newsletter

13 March 2024

slovenia

Ž.Žabnikar

Navigating through the new additions to the Slovenian insolvency framework

The long-awaited amendment "H" of the Slovenian Financial Operations, Insolvency Proceedings and Compulsory Dissolution Act (the "Act") entered into force on 1 November 2023. The new provisions complete the transposition of Directive 2019/1023,[1] introducing three crucial sets of changes to the Slovenian insolvency and restructuring legislation.

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publication

The International Comparative Legal Guide - Environment & Climate Change Law 2024

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newsletter

Bulgaria closes the gap: new FDI screening regime enters into force

As reported, last month the Bulgarian parliament adopted the final text of a bill to amend the Investment Promotion Act, implementing the screening mechanism outlined in Regulation (EU) 2019/452 (the "EU FDI Screening Regulation") (see here for our previous Legal Insight).

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publication

06 March 2024

austria

S.Wolf

Niederösterreichs Abstandsregelungen für Windenergieanlagen zu Nachbargemeinden und ihre Reichweite

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roadmap

Austria's sustainability-linked bond market: a snapshot

In 2023 we advised a client in connection with the issuance of the first sustainability-linked bond by an Austrian corporation placed among international institutional investors as well as Austrian retail investors. Its main feature is that the coupon for the last year of the term will increase if one or both predefined step-up events linked to the issuer's sustainability targets occur.

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roadmap

Consumer Credit Directive II: consumer credit legislation for the digital age

A 2020 review of the Consumer Credit Directive (2008/48/EC) ("CCD I") by the European Commission (EC) found that CCD I has been only partially effective in ensuring a high level of consumer protection.

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roadmap

Trade creditor liability risks in arrangements with distressed companies in Austria

In our practice, we have found that the most common reason for distressed companies to initiate reorganisation measures is a severe liquidity squeeze.

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