LEGAL 500 ranked GEISTWERT in Top Tier in IP

April 10th, 2019 |

For the first time, this year LEGAL 500 ( ranked GEISTWERT in Tier 1 in the category “Intellectual Property” and highly ranked it in “Technology, Media & Telecom (TMT).

The evaluation text speaks for itself:


“GEISTWERT’s ‘partner-only approach’ is valued by clients and considered a key strength and unique selling point, […]

Puls 4 v YouTube in Austria does not anticipate Article 17

By Rainer Schultes | April 3rd, 2019 |

GEISTWERT’s most recent post on Kluwer Copyright Blog: […]

“Biosativa” is not protected under copyright law

By Rainer Schultes | March 22nd, 2019 |

In its most recent decision the Austrian Supreme Court (4Ob14/19s dated February 26, 2019) denied copyright protection to the word “Biosativa”.

Although, in exceptional circumstances, it is possible that a single word enjoys copyright protection, “Biosativa”, which is a combination of “bio” and “sativa” (meaning plant) is not sufficiently […]

Damages for Design-Infringment

By Rainer Schultes | March 1st, 2019 |

disonest infringer of a design does not have to surrender all its profits
gained with the fakes.

In a recent
ruling, the Austrian Supreme Court held that the plaintiff, a leading
manufacturer of LED-torches and holder of a European design model can claim
only that surrender of the infringer’s proftis with is owed to […]

GEISTWERT is proud of being ranked in GOLD tier in WTR1000

By Constantin Kletzer | February 6th, 2019 |

The renowned publication World Trademark Review 1000 has again published its ranking of “The World’s Leading Trademark Professionals” of 2019.

GEISTWERT is listed in the top GOLD tier among only three other law firms.

WTR 1000 states:

“Compact yet first-class boutique GEISTWERT “stands out from the Austrian legal crowd”. It […]

Patents if there’s no Brexit deal

By Rainer Schultes | January 23rd, 2019 |

The British government has prepared guidelines for a no deal scenario.

Only a few
areas of UK patent law come from EU legislation. One important area relates to supplementary
protection certificates for pharmaceutical products and agrochemicals.

The UK
government wants to keep EU’s legislation on supplementary protection
certificates in UK law. This law, along with […]

Patent Litigation on ELBA-Onlinebanking: GEISTWERT enforces TAN-SMS Patent against Raiffeisen.

By Constantin Kletzer | December 18th, 2018 |

In a total of 16 years of patent litigation surrounding the signature process used in online banking, the software company TeleTan has now prevailed against Raiffeisenlandesbank Öberösterreich before the Vienna Commercial Court; TeleTan was represented by Constantin Kletzer, partner at the IP / IT law firm GEISTWERT, and patent […]

No copyright protection for the taste of a food product

By Rainer Schultes | November 19th, 2018 |

‘Heksenkaas’ is a spreadable dip with cream cheese and fresh herbs, which was created in 2007 by a Dutch retailer of vegetables and fresh produce. The intellectual property rights in that product were transferred by the retailer to the current rightholder, Levola, a company governed by Dutch law.

Since January […]

GEISTWERT and Commentaries on the EU Trade Mark Regulation (EUTMR) and Community Design Regulation (CDR), 2nd edition

By Max W. Mosing | November 12th, 2018 |

Good news for the IP community: Gordian Hasselblatt’s  (Editor) two commentaries will be published by Beck – Hart – Nomos in its 2nd edition next week!

GEISTWERT’s Max Mosing is author of chapters in both Article-by-Article commentaries in the English language to the

European Union Trade Mark Regulation; and
Community Design Regulation (EC) […]

XBorder 18: 9 November 2019, from 12:00 onwards in the „Museumsquartier“ (“Museum’s Quarter“) together with the DACH-Associations and shö

October 23rd, 2018 |

At the „XBorder 18“ event organized by GEISTWERT with a view to „Cross-Border Mail-Order Business in Practice and Law”, the associations from Germany, Switzerland and Austria present the scene’s current trends. Furthermore,’s management present their platform and the legal experts from MLL – Meyerlustenberger Lachenal (Switzerland),  SSW Schneider Schiffer […]