Intellectual Property and COVID-19

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 video-conference

Most of IP-litigation in Austria to a large extent is in writing because most of it is done in interlocutory proceedings (yes, you can always apply for a provisional injunction). Nothing has changed by COVID-19. And even if a hearing should be necessary: For the time of the exceptional COVID-19-situation, hearings can be held via video-conference, testimonies can be heard by telephone.

Patents expire – with or without COVID-19

The same is true for Supplementary Protection Certificates, Utility and Design models and even for Copyright.

The suspended deadlines can be re-installed by the judges, because the time lost now, is lost forever.

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