Tag - newsletter


By Rainer Schultes, Juliane Messner, Max W. Mosing, Alexander Schnider, Constantin Kletzer | December 19th, 2023 |

Imagination and creation both were and still are what GEISTWERT is all about: At first, we started out at different law firms advising clients on how to realize and safeguard their imaginations and creations of all sorts. Back then, each of us was granted plenty of opportunities to work […]

GEISTWERT goes University: IP and M&A

By Juliane Messner | June 21st, 2021 |

GEISTWERT-Partner Juliane Messner gave a presentation to interested LL.M. candidates at the Postgraduate Course for Information and Media Law at the University of Vienna [Link] on June 20: Juliane introduced the students to the topic “Start-ups plus Merger & Acquisition in the IP/IT environment”. The ongoing and lively discussion […]

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

https://www.marques.org/podcast/ or on Spotify https://open.spotify.com/show/6j5HoGSdnxw1B7AV5pc1Ot


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 […]

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 […]

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 […]

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 […]

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 […]