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ip & unfair competition

Schoenherr's intellectual property and unfair competition experts provide full ip coverage throughout the CEE region.

"An outstanding firm offering all-inclusive IP advice."
Chambers Europe

 

 

A holistic and business-oriented approach to brands, designs, inventions, creations, know-how and the related areas of advertising, media, sports and entertainment is key to finding efficient and sustainable solutions for clients. This is the approach of the intellectual property (ip) team of Schoenherr, a highly specialised and internationally regarded group of lawyers – all of them truly dedicated to ip and all of them recognised experts within the ip community.

The group offers full ip coverage via the Schoenherr international offices throughout the CEE region. Closely linked with specialists of other Schoenherr teams (such as regulatory, competition, life sciences, civil law and new technologies) the ip team offers clients quick, tailor-made solutions for their demands in the increasingly complex environment of protecting, marketing, defending and managing intellectual property.

protecting your ideas

Based on the experience of more than six decades of protecting ip rights around the globe, the Schoenherr ip team supports and guides clients all the way from the protection of the first idea (be it a new brand, a technical solution, a software, a design, a creative performance or a business method) to a set of registered and unregistered ip rights ensuring the best protection for the clients' business. This may include a tailor-made protection strategy, secrecy measures, clearance searches for conflicting rights and national, EU-wide or international registrations of trademarks and designs.

marketing your product

The Schoenherr ip team is committed to understanding the client's business, products and marketing strategies. With this understanding, they advise clients in all legal aspects of communication and marketing (in particular labelling, product appearance, marketing campaigns and competition strategies). They also provide support in relation to:

enforcing your rights

When infringements come up or the validity of ip rights is challenged, the Schoenherr ip team enforces its clients' rights efficiently out of court and if necessary in administrative, civil and criminal proceedings in court, including European instances and – via a comprehensive network of specialised law firms – also in jurisdictions outside Schoenherr's coverage. Moreover, the ip team regularly conducts domain name proceedings nationally or via UDRP.

managing your assets

Simply registering ip rights is not enough. A powerful ip portfolio needs diligent care (updating the lists of services and goods and the territorial scope of protection as a company develops its business, internal ip manuals and courses to safely use IPRs avoiding, e.g. dilution of the brand, and providing ip due diligence, licensing in/out, 24/7 online access to our updated database of the client's IPRs, etc.). The ip team is happy to take care of your ip portfolio and to provide "IP Lifecycle Management".

 

our services

  • advertising
  • anti-piracy
  • art
  • border detention
  • brand development
  • copyright
  • designs
  • domain names
  • ip litigation
  • ip transactional work
  • know-how protection
  • licensing
  • new media
  • patents
  • prosecution (trademarks and designs)
  • research and development agreements
  • software
  • trademarks
  • trade secrets
  • unfair commercial practices

 

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news

newsletter

Austria: The (new) copyright transparency obligation

The amendment to the Austrian Copyright Act introduces a whole range of new provisions on copyright contract law, strengthening the position of authors and performers1. In our first Legal Insight ("Austria: The (new) Copyright Contract Law ") we provided some background information and an overview. In our second Legal Insight ("Austria: The (new) copyright remuneration rules for authors and performers"), we introduced the new remuneration provisions. However, in order to assess whether the remuneration remains appropriate and proportionate, some more information is needed.

This brings us to the transparency obligation (Art 19 DSM Directive; Sec 37d Austrian Copyright Act):

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publication

09 November 2022

austria

A.Hirsch

Die grüne Seite des Lauterkeitsrechts

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newsletter

Austria: The (new) copyright remuneration rules for authors and performers

The amendment to the Austrian Copyright Act introduces a whole range of new provisions on copyright contract law, strengthening the position of authors and performers1. In our first Legal Insight ("Austria: The (new) Copyright Contract Law") we provided some background information and an overview of the new provisions, which are partly based on the DSM Directive2 and partly adopted from German law. Now we want to examine what to expect from the provisions and what to look out for when drafting copyright agreements in the future.

Let's start with the new remuneration rules based on the DSM Directive:

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trademark & design management

Embedded in our ip team, more than 15 experienced trademark & design specialists are taking care of clients' trademark administration and management, and supporting in various questions arising in that field.

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team

our team

Meet the team of international experts, specified in intellectual property and unfair competition matters.

meet the team

 


 

 

 

 

know-how

authored books

An essential part of our work - besides legal advice of course - is also writing academic works. We consider fundamental topics such as trademark law, and regularly update our publications when relevant innovations arise. In addition, we also analyse newly emerging trademark-related topics which often come about in times of digitalisation.

 

publications