EUCJ: Foreign pharmacies must not be forbidden to advertise medicinal products on search engines and price comparison websites

By Rainer Schultes | October 6th, 2020 |

In its judgement of October 1, 2020, C-649/18, the EUCJ clarified that foreign pharmacies must not be forbidden to advertise medicinal products via paid referencing on search engines and price comparison websites. Such a prohibition would go beyond what is necessary to protect public health.

As regards the prohibition on […]

Copyright Levy on Storage Media (Hard Disks) goes Cloud?

By Alexander Schnider | September 22nd, 2020 |

The story of Austria’s copyright levy on storage media (storage media levy, briefly “SML”) is not over: In its newest chapter, the Austrian courts – and now also the Court of Justice of the European Union (“CJEU”) – have to deal with the Austrian legislation once more and this […]

Right to information also against access providers

By Max W. Mosing | September 9th, 2020 |

A request for information according to § 18 para. 4 ECG is – contrary to the wording of the provision – not only possible against host providers according to § 16 ECG, but analogously also against access providers according to § 13 ECG. The Austrian Supreme Court saw a […]


July 17th, 2020 |

Those who celebrated with us already know it: The life cartoon story of GEISTWERT’s history. For those who cold not attend, there is now:


No worry, no keynotes, no interviews, no speeches.



DFL Broadcasting Tender: GEISTWERT on the Advisors’ Bench for the Austrian Part

June 30th, 2020 |

Together with Klinkert (lead and German part) and Nater Dallafior (Swiss part), GEISTWERT (Austrian part) advised the German Football League (Deutsche Fussball Liga, “DFL”) in connection with copyright questions relating to the tender of DFL’s broadcasting rights for the seasons 2021/22 to 2024/25 for Germany, Switzerland, Austria and South […]

Free samples for pharmacist: RX no, OTC yes?

By Rainer Schultes | June 23rd, 2020 |

Novartis sued ratiopharm to cease and desist from distributing, to pharmacists, free samples of the medicinal product Diclo-ratiopharm-Schmerzgel.

Novartis claimed that such distribution is contrary to German Law on medicinal products which lists doctors but not pharmacists among those to whom free samples of medicinal products may be distributed. That […]

GEISTWERT @ OneTrust PrivacyConnect Online Vienna panel

By Max W. Mosing | June 23rd, 2020 |

GEISTWERT’s Max Mosing is invited to the OneTrust PrivacyConnect Online Vienna panel to discuss especially the following topics:

What do you see as the key issues facing privacy professional in 2020?
How do you see the global development of comprehensive data protection laws? (Especially in light of the COVID-19 […]

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 […]