Austrian Supreme Court: Public national broadcaster ORF/Facebook – 4Ob36/20b.

By Rainer Schultes | June 2nd, 2020 |

GEISTWERT’s most recent post on Kluwer’s Copyright Blog:
First, a little bit of history. Back in 2016, a Facebook post containing an article with a photograph of the former Austrian politician Eva Glawischnig gave rise to a landmark decision against Facebook. Alongside a photo of Ms Glawischnig, she was referred […]

German Supreme Court rules on Cookie-Law – also relevant for Austria!

By Juliane Messner, Max W. Mosing, Alexander Schnider | May 29th, 2020 |

One of the most significant issues with regard to online marketing concerns the dissemination of targeted advertising (especially via online advertising networks), i.e. the retargeting of users beyond the advertiser’s own website, and this even applies if such targeted advertising does not rely personal data. The crucial legal question […]

Three GEISTWERT Partners again ranked in the Top 10 of Austria’s TREND Lawyers’ Ranking

April 30th, 2020 |

In the current TREND lawyers‘ ranking (2020), three GEISTWERT partners made it into the Top 10 again. Rainer Schultes was ranked 2nd in the category (unfair) competition law, Constantin Kletzer made the 3rd place in the category trademark, copyright and patent law and Max Mosing was elected the 4th […]

We are back in Office

By Constantin Kletzer | April 28th, 2020 |

We are back at work again, certainly complying with all measures to be taken. And right in time our face masks arrived. Some will miss home office.

Keep safe!

Intellectual Property and COVID-19

By Rainer Schultes | April 8th, 2020 |

Austrian Courts serving again

The recent stop of the serving of judicial documents is reversed. The
legislator wants to avoid a backlog of work.

That’s the basis for the normalisation of IP-protection.

Hearings via

Most of IP-litigation in Austria to a large extent is in writing because
most of it is done in interlocutory proceedings […]

NEWSFLASH: German Constitutional Court declares German Unified Patent Court (UPC) Act as invalid

By Constantin Kletzer | March 20th, 2020 |

The German Federal Constitutional Court has upheld
the constitutional complaint filed against the German UPC legislation. But it
has at the same time pointed the way to a future ratification. The German
Federal Constitutional Court ruled today that the “Act of Approval to the
Agreement on a Unified Patent Court” needed a two-thirds […]

Overall Impression of a Wooden Cube Design

By Rainer Schultes | March 13th, 2020 |

plaintiff’s design showed a wooden cube with a cut-out on the upper side in
which wood shavings were filled and a sloping hole on the side in which a white
cylinder was inserted.

wood cube differed slightly in its dimensions, also had a hole on the upper
side into which wood shavings were […]

UPC stopped?

By Rainer Schultes | February 28th, 2020 |

UK will not
participate at the Unitary Patent Court System.

Paragraph 5 of the UK’s most recent negotiating objectives reads:

“It is a vision of a relationship based on friendly cooperation between sovereign equals, with both parties respecting one another’s legal autonomy and right to manage their own resources as they […]

TOP Rankings in Chambers and WTR 1000

February 18th, 2020 |

The newest rankings of Chambers for Intellectual Property and of WTR 1000 for Trademark law came out. GEISTWERT again amount the best law firms. A great thank you to all our referees, which push us forward with their feedback.

GEISTWERT is IP Firm of the Year 2020

By Constantin Kletzer, Alexander Schnider, Juliane Messner, Max W. Mosing, Rainer Schultes | February 3rd, 2020 |

The renown legal magazines IAM and WTR hosted the Global IP Awards, recognising the outstanding achievements of patent and trademark attorneys and law firms from over 50 countries.

The winners of the Global IP Awards 2020 were honoured at a gala dinner attended by 260 people last night in […]