Effect of Brexit on EU Trademarks and EU Designs

By Constantin Kletzer | December 14th, 2020 |

In a nutshell:

 What do I need to do?

Good news:  All EU trademarks and Community Designs will be cloned in the UK. You will not have to act unless…

you have pending trademark or design application through 31.12.2020. If so, you will need to consider whether to re-file in […]

ECJ affirms fines of EUR 150 million for restriction of competition with citalopram

By Rainer Schultes | April 14th, 2021 |

The ECJ dismissed the appeals of a number of pharmaceutical companies seeking to delay the marketing of the generic antidepressant citalopram

From the late 1970’s, Lundbeck developed and patented an antidepressant medicine containing the active substance known as citalopram. Once its original compound patent expired, Lundbeck continued to hold only […]

GEISTWERT @ ECTA Bulletin March 2021

By Juliane Messner | March 23rd, 2021 |

GEISTWERT’s Partner Juliane Messner reports in the ECTA Bulletin March 2021  [Link] on “Red Bull-Trade Marks Well-known also for ‘Events'” (page 42 – pdf-download-Link):

As regards the reputation of the Red Bull signs, the Austrian Court, based on the submissions by Red Bull, found that the Red Bull signs ‘undoubtedly […]

PODCAST: European Court of Justice on trademark matters in 2020

By Constantin Kletzer | March 3rd, 2021 |

Wanna hear about some of the highlight cases of the Court of Justice of the European Union in trademark matters in 2020?

Then listen to the MARQUES Podcast feat. Marianne Hollands and Constantin Kletzer or on Spotify


GEISTWERT ranked GOLD TIER in WTR Trademarks 1000 and three partners in individuals GOLD TIER

By Constantin Kletzer | February 17th, 2021 |

We are flattered and proud of our Geistwert baby #nearlysevenyears to be recognized by #wtr1000.

With three of our partners being ranked in gold tier 🙂 

“A go-to for any and all trademark matters, GEISTWERT changed the face of the Austrian legal landscape when it was set up. Its […]

#Clubhouse talk series “IP-TO-GO”

By Constantin Kletzer | February 5th, 2021 |

Join us for the second installment of our new #Clubhouse talk series “IP-TO-GO”. This week’s panel of experts will focus on Brands and Advertising, with Holger Gauß, Constantin Kletzer and Deborah Davis Han! Hosted by Tiffany Valeriano

Every Monday. 30 minutes of IP law for startups and entrepreneurs from Silicon […]

Worldwide Obligation of Facebook

November 26th, 2020 |

The assertion that someone is a “rotten traitor”, a “corrupt oaf” and member of a “fascist party” is insulting and defamatory pursuant to section 1330 para 1 Austrian Civil Code ruled the Austrian Supreme Court in its decision 6Ob195/19y of September 15, 2020.

A private Facebook Service user, registered under […]

Data Protection Law in Austria (GDPR and DSG)

By Juliane Messner, Max W. Mosing | November 6th, 2020 |

An Overview by Juliane Messner / Max W. Mosing

80 pages on the Austrian Data Protection Law (GDPR and national DSG et al) in English [Download].


CE-sign in Unfair Competition law

By Rainer Schultes | November 4th, 2020 |

On September 22, 2020, the Austrian Supreme Court, in its decision 4Ob135/20m confirmed that the fact that a medical device is correctly marked CE gives rise to assuming that the device meets the requirements of the law. Whether this (legal) assumption can be rebutted in the Unfair Competition proceedings […]

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 […]