New competences in Austrian IP-matters

Appeal proceedings from administrative authorities to the ordinary courts are possible since January 1, 2014. The Higher Regional Court of Vienna now acts as court of appeal in prosecution proceedings, revocation- and invalidation proceedings such as (as already in the past) in infringement proceedings.

With regard to that concentration of the court, also the competences within the court were reorganized. Instead of an equal collocation of infringement-appeals to six different senates, now all IP-appeals shall be handled by one single senate. The judges are well aware of the challenge to render unbiased decisions on patents they already decided on.

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