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The perks of International Registration

If you want to protect your trademark, there are a few things to consider:

  • How exactly will the trademark be used?
  • For which goods and/or services?
  • And – today's topic – where?
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MiFID II: Are you a systematic internaliser?

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Proper trademark use and trademark marking

Registering and monitoring your trademark are important tools to protect your trademark. It is also important to make sure to properly use the trademark and to indicate to the public that a word, logo or other sign functions as your trademark by marking it accordingly.

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Trademark searches: an essential step on the way to a new trademark

When developing a new brand, it is important to determine well before using the trademark and filing a trademark application whether there are any earlier conflicting trademark rights that could block use or registration. Trademark searches help to identify possibly conflicting earlier trademark rights and to better assess the risk associated with using and registering the brand.

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Priority principle in trademark law and intermediate rights

The priority principle in trademark law states that in the event of a conflict between two trademarks, the older right always prevails. As a rule, therefore, a trademark owner cannot defend themselves by claiming to be the owner of a later trademark.

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31 October 2023

hungary

A.Bognár N.Suller

Why is a whistleblowing system useful for companies?

According to global statistics, about half of all cases of corporate abuse are reported, and half of these reports come from employees within the company. The survey also reveals that corporate abuse can harm the company's reputation and cost it up to 5 % of its annual turnover, meaning that companies have a strong financial interest in promptly exposing potential abuses. In this article, Alexandra Bognár and Noémi Suller discuss various forms of misconduct within companies, highlighting the importance of a well-functioning whistleblowing system. This system allows people to report misconduct, even anonymously.

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Recordals in the register – Keep records updated

Have you recently acquired another company or some assets like a trademark or even an entire trademark portfolio? Has your company merged with another company? Or has it changed its name or address? Then don't forget to enter the change in the corresponding Trademark Register.

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Problems with EUTMs? Conversion might be a solution!

Unlike national applications, which are protected only in a single country, the EU trademark offers protection in all member states of the European Union. Even if an obstacle to protection exists in only one member state of the EU or if owners of prior rights in a single country feel disturbed by the application, protection for the entire EU trademark is at risk due to the unitary effect. Thus, applicants for trademarks in the European Union often face a problem when the Office refuses to grant protection to a trademark based on absolute or relative grounds or when third parties file an opposition or cancellation request against the trademark.

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27 September 2023

serbia

M.Vlajković

The EU Digital Services Act: 19 designated online platforms have completed their last-minute compliance preparations, Serbia is just looking over its shoulder

While most provisions of the EU Digital Services Act ("DSA") will not begin to apply until February 2024, the EU Commission has nevertheless designated 19 "very large online platforms" and "very large search engines" – so-called gatekeepers – for which the strictest rules under the DSA took effect on 25 August this year.

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12 September 2023

austria

M.Gall M.Woller

How to: Notarisation and legalisation of IP documents

While the legalisation requirements in connection with the assignment of trademark registrations were abolished in Austria a few years ago, everybody dealing with registered IP rights around the world knows that there are notarisation and legalisation requirements for documents like powers of attorney, affidavits or deeds of assignment.

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Why is it important to document the use of my trademark?

Are you the proud owner of a trademark registration? – Please keep in mind that registration alone might not always suffice to ensure protection. In most jurisdictions, after a certain period of time you must prove that you are using your trademark for the protected goods/services – either actively or at least in case of a third-party contention. Otherwise, you risk the partial or total deletion of your trademark registration from the trademark register.

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You know it when you see it – Shapes as trademarks

Shapes can function as a clue to identify the source and differentiate between products of different companies. While browsing a store shelf, consumers often identify a product by its shape before even noticing its label. Shape marks offer a beneficial avenue to safeguard product designs, packaging, and containers in both Austria and the entire European Union.

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28 July 2023

austria

G.Leissler

A relief for companies: the new "EU US Data Privacy Framework" is in force!

The CJEU's annulment of the "Privacy Shield" created significant legal uncertainty around the use of US clouds and personal data transfers to the US. Fortunately, summer 2023 brings good news: this legal uncertainty has gone. On 10 July 2023, the European Commission has adopted an adequacy decision on the "EU US Data Privacy Framework" (DPF).

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Pattern Marks – Relatively New Kids on the Block

Pattern trademark applications have only recently become feasible in Austria and at the EU level within the past few years and this particular form of trademark protects recurring elements of a pattern, irrespective of specific boundaries.

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Much harder than it looks! Drafting lists of goods and services

Trademark registrations protect trademarks for certain products. These are to be itemised in the "list of goods and services" or the "specification". As the specification defines the scope of protection for the trademark, it is – alongside the sign for which protection is sought – the most important part of the application.

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30 May 2023

austria

M.Woller

Trademark application in the fast lane: Austria's fast-track application

In our last blog, Michelle Duchon and Christian Schumacher reported on mandatory information for a national Austrian trademark application.

But how quickly can you get a trademark registered? With the fast-track application, it is possible to register a trademark within 10 working days.

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Just fill out a form? – Be diligent when filling out the trademark application

To file a national trademark application with the Austrian IP Office, mandatory information must be entered in an online form. While this sounds simple, several aspects should be considered to avoid problems.

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Do I have to register my brand or can I use it without registration?

You are well advised to, but in principle there is no legal requirement to register your trademark in the European Union. There are several good reasons to file a trademark application.

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30 March 2023

serbia

M.Vlajković

North Macedonia: The Data Protection Act and enforcement challenges

After the adoption of the General Data Protection Regulation of the European Union (EU) 2016/679 ("GDPR"), as an obligation based on the Stabilisation and Association Agreement between EU and North Macedonia, a new data protection regime was adopted. Since 2020, the matter of personal data protection in the Republic of North Macedonia is regulated by the new Act on Personal Data Protection (Official Gazette of the Republic of North Macedonia, nos. 42/20, 294/21) ("LPDP"), effective as of 24 February 2020.

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30 March 2023

serbia

M.Vlajković

Serbia incentivises start-up-ecosystem

To attract investors in the area of innovation technologies, Serbia has adopted a set of subsidies relating to employees' salaries and corporate income taxes. In recent years, the country has set its sights on being one of the largest European hubs for EU and overseas IT companies using talented IT workforce only as an outsourcing service supplier while retaining actual project development in the countries of capital origin. This is seen as an opportunity to motivate foreign IT companies doing business in Serbia not only to shift their operations to Serbia on a larger scale, but to tie IP rights on their tech products to their affiliated Serbian companies.

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28 February 2023

romania

M.Neagu

The Omnibus Directive: key objectives and national implementation

The Omnibus Directive (Directive (EU) 2019/2161), also referred to as the "Enforcement and Modernisation Directive", is aimed at strengthening consumer protection and enhancing enforcement measures as the world gears up for the digital age. Recognising the increased use of online platforms and marketplaces, it encourages Member States to adopt specific measures to maintain a high level of consumer protection, including in these channels.

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30 January 2023

romania

M.Neagu

Key legal topics in data centre development and investments

The recent years' sprint towards digitalisation was one of the decisive factors in accelerating the transformation of telecommunications infrastructure. The global markets expect an increase in investments in telecom infrastructure and Romania is no exception.

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23 December 2022

romania

M.Neagu

New crowdfunding regulations in Romania

Despite a turbulent year for Central and Eastern Europe and the region's proximity to the Ukraine warzone, last year CEE was one of the most efficient creators of value in Europe...

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Trademarks: The classification of "virtual goods" in trademark applications

Trademark professionals have noted growing interest in protecting trademarks for "virtual goods". This leaves trademark specialists as well as IP offices grappling with how to correctly classify these goods.

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10 February 2022

austria

F.Terharen

Landmark decision in Austria: use of Google Analytics found to breach GDPR

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15 July 2021

austria

F.Terharen

Here we go again – the odyssey of international data transfer challenges continues

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13 July 2021

G.Irsa-Klingspiegl

Trademarks: The aftermath of BREXIT – Are your trademarks and designs protected in the UK?

The transitional period for the withdrawal of the United Kingdom ("UK") from the EU ("BREXIT") ended on 31 December 2020. All European Union trademarks and Community designs registered at that time were automatically cloned as national IP rights in the UK.

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17 May 2021

poland

D.Rutecka

Regulating the unknown – new restrictions on AI in April 2021

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09 April 2021

austria

F.Terharen

Mailchimp banned in the EU – or is it?

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05 March 2021

romania

S.Lazăr N.Oprea

Remuneration Policy – Implementation guidelines launched in Romania

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03 March 2021

serbia

M.Mihaljčić

The Digital Assets Act – New Tech Regulation in Serbia

The Serbian Parliament enacted the new Digital Assets Act ("DAA"), which will come into force on 29 June 2021.

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01 March 2021

poland

D.Rutecka

Poland: New facial recognition guidelines

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13 January 2021

czech republic

The New European Drone Rules

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28 April 2020

austria

S.Khalil

Non-material damages for illegal GPS tracking

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28 April 2020

austria

S.Khalil

One step towards virtual dispute resolution: hearings via videoconference

Court hearings via videoconference were unimaginable in Austrian courts pre-COVID-19. Witnesses could testify via videoconference in Austrian court proceedings only under certain circumstances, but they still had to attend court – just not the court in which the proceedings were pending.

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30 March 2020

austria vienna

S.Khalil

Court hearing via social network – has Europe missed its chance?

Digitalisation is on everyone's lips. Parts of the judiciary – at least in some European countries – are hesitant. Austria introduced an electronic legal communication system for most Austrian courts decades ago. 

 

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31 January 2020

austria

S.Khalil

Telemedicine on the rise in Austria?

Seven out of the 328 pages of the new green/conservative government's programme are dedicated to the health sector. One bullet point on this programme for the next five years is to implement telemedicine treatment in the best possible way. The government further explains that it aims to promote digitalisation in diagnosis, treatment and medical research and thus strengthen Austria as a health hub.

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02 December 2019

austria vienna

U.Rath

European Commission's Expert Group publishes report on Regulatory Obstacles to Financial Innovation

Just in time for Christmas, the European Commission's Expert Group published its eagerly awaited final report on regulatory obstacles to financial innovation on 13 December 2019 (the "Report").

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04 November 2019

poland

D.Rutecka

Increased activity of the Polish Data Protection Authority

As of November 2019, the Polish Data Protection Authority (Urząd Ochrony Danych Osobowych; "UODO") has fined three Polish companies and one local government institution for non-compliance with the GDPR.

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06 September 2019

serbia

M.Vlajković

Serbia catches up with the GDPR

1. New Data Protection Law adopted and applicable

After a public hearing that lasted more than a year, the National Assembly of the Republic of Serbia adopted the new Data Protection Law (the "Law") on 9 November 2018. The Law is applicable as of 21 August 2019. The provisions of the Law itself have been modelled on, and largely comply with the provisions of the GDPR, as part of the wider process of harmonising the national law of Serbia with EU law, which was one of the main reasons for the adoption of the new Law. Besides many novelties, the new Law elaborates on certain procedures, rights, obligations and competences.

Some of the most important novelties follow.

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22 May 2019

austria linz austria vienna

N.Zafoschnig

Cybersecurity NIS Directive in Austria

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26 March 2019

austria vienna austria linz

J.Böszörményi G.Leissler

Austrian DPA case law since 25 May 2018 (excerpt)

Introductory remarks:
  • So far, the Austrian Data Protection Authority ("DPA") did not impose significant fines under the GDPR
  • The majority of its decisions had been remediation orders
  • This excerpt of the DPA's decisions under the GDPR forms a summary per March 2019 of its in our view most relevant decisions
  • Despite some of those decisions had been contested and appellate proceedings are still pending this excerpt shall give an impression of the DPA's views and considerations under the GDPR
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