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The Legal 500 Hall of Fame Icon The Legal 500 Hall of Fame highlights individuals who have received constant praise by their clients for continued excellence. The Hall of Fame highlights, to clients, the law firm partners who are at the pinnacle of the profession. In Europe, Middle East and Africa, the criteria for entry is to have been recognised by The Legal 500 as one of the elite leading lawyers for seven consecutive years. These partners are highlighted below and throughout the editorial.
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Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

THE NATIONAL REGULATION ON THE SECURITY OF "NIS" IN AUSTRIA SHOULD BE OF INTEREST TO YOU

August 2019 - Intellectual Property. Legal Developments by Dorda.

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Good things come to those who wait? Finally, the main implementing regulation for the Austrian Law on Network and Information System Security (Netz- und Informationssystemsicherheitsgesetz, "NISG") was published last week. It serves primarily to define which companies are actually affected by the NISG. Now it is getting serious for the operators of "essential services". What does that mean?

"BLACK FRIDAY" - NOW FREELY USABLE FOR PROMOTIONS IN AUSTRIA

July 2019 - Intellectual Property. Legal Developments by Dorda.

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Black Friday is unquestionable one of the most profitable and busiest days of the year for retail, particularly online. Worldwide almost all online store do offer sales or special promotions on Black Friday or Cyber Monday. Already after this practice has established online, a trademark for "BLACK FRIDAY" was registered in Germany back in 2013. In 2016 a Chinese company acquired the trademark and then filed in 2017 for its extension to Austria. Based on the registered trademark, it granted exclusive rights to an Austrian company, which licensed usage rights to various partner stores against remuneration. Further, an exclusive "Black Friday-Cooperation Program" was established. Non-partners who used the event name or trademark were prosecuted and requested to either pay a license fee or refrain from running Black Friday promotions. Some followed the request and entered into license agreements. Some, however, did challenge the validity of the trademark. Finally, respective proceedings to check the actual protection of the trademark were initiated. Austrian courts now held that the trademark "BLACK FRIDAY" is not protected in Austria.

AUSTRIAN DATA PROTECTION AUTHORITY ISSUED THE "BLACK LIST"

December 2018 - Intellectual Property. Legal Developments by Dorda.

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Processing operations subject to the requirement of a data protection impact assessment.

Following the "White List", the data protection authority has now also issued the long-awaited "Black List" in form of a binding regulation. This provides greater clarity as to when Data Protection Impact Assessments ("DPIA") are actually to be carried out in practice in Austria. As already in the draft, the regulation does not provide an exhaustive list of processing operations that are subject to the requirement. Rather, the regulation specifies criteria - some of which require further interpretation - which shall make it necessary to carry out a detailed examination.

Legislative vacuum filled: Czech Republic introduces comprehensive new national legislation on e-cig

March 2017 - Intellectual Property. Legal Developments by Schönherr.

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New legislation regulating e-cigarettes in the Czech Republic entered into force on 1 March 2017, introducing specific safety and quality requirements on e-cigarettes in the country for the first time. read more...

No Smoking: After a long battle in Parliament, the Czech Republic finally adopts smoking ban

February 2017 - Intellectual Property. Legal Developments by Schönherr.

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One last hurdle – the signature of Czech President Miloš Zeman –before the so called Anti-Smoking Bill enters into force on 31 May 2017.

On 19 January 2017, the Senate of the Parliament of the Czech Republic approved the government bill of the Act on Protection from the Harmful Effects of Addictive Substances (the "Bill"), which is due to enter into force on 31 May 2017, subject to signature by the President. read more...

#Rio2016 - A Trademark Infringement?

August 2016 - Intellectual Property. Legal Developments by Schönherr.

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Recent media coverage has reported that it will be prohibited for companies to use hashtags such as #Rio2016, or to share official reports regarding the Olympic Games on social media. Are these serious threats? Or are they simply (unsuitable) attempts to protect official sponsors as comprehensively as possible? read more...

CJEU rules on liability of marketplace operators for trademark infringements

July 2016 - Intellectual Property. Legal Developments by Schönherr.

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Should landlords care about their tenants' IP infringements? According to the Court of Justice of the European Union (CJEU), they should!

In a breaking judgement, the CJEU clarified this point in a trademark dispute in the Czech Republic[1]: The court held that the tenant of a market hall, who sublets sales areas to market-traders selling counterfeit branded goods, is an intermediary within the meaning of Art 11 of the Enforcement Directive (2004/48/EC). read more...

Austria: Hyperlinking to online-radio broadcasts

May 2016 - Intellectual Property. Legal Developments by Schönherr.

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The relationship between hyperlinking and copyright is much debated. Although recent decisions of the ECJ have shed some light on the question, many questions still remain when hyperlinking to copyrighted content should be considered a copyright infringement. Some of these questions have been addressed by the Austrian Supreme Court in a recent judgment (Decision by the Supreme Court dated 23 February 2016, 4 Ob 249/15v). read more...

Bulgaria: New national measures on labelling of non-prepacked foods and indication of country-of-ori

April 2016 - Intellectual Property. Legal Developments by Schönherr.

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Better late than never

To date Bulgaria has never adopted measures to regulate how allergens in non-prepacked foods, and other mandatory information (set out in Article 9 of Regulation (EU) No 1169/2011 on the provision of food information to consumers ("FIR")), should be disclosed to consumers. The same applies to how this information should be presented and expressed. read more...

Serbia: Draft for New Trademark Act Introduces Trademark Opposition System and Various Other Changes

February 2016 - Intellectual Property. Legal Developments by Schönherr.

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The draft of Serbia's new Trademark Act strives to remove shortcomings in the existing trademark legislation and further harmonize Serbian laws with those of the European Union. Read more...

Poland: New law grants attorneys at law with the right of trademark administration before the Polish

October 2015 - Intellectual Property. Legal Developments by Schönherr.

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The procedures governing the administration of industrial property rights, managed by the Polish Patent Office, have to date been regulated by the Industrial Property Law of 30 June 2000 ("IPL"). Read more...

Turkey: Will the Constitutional Court's Latest Cancellation of the Provisions of the Trademark Decre

June 2015 - Intellectual Property. Legal Developments by Schönherr.

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Trademark or/and service mark  applications can be filed in Turkey in accordance with the Decree Law No. 556 (“Decree Law”) enacted in 1995. read more...

Romania: Law 84/2014 on employee inventions

July 2014 - Intellectual Property. Legal Developments by Schönherr.

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In Romania, a new law on employee inventions entered into force on 29 June 2014 (Law 83/2014). This new law abrogates former provisions on employee inventions set forth inter alia by the country's Patent Law (Law 64/1991). read more...

Slovakia: Brief summary of fast-track amendment to personal data protection regime

May 2014 - Intellectual Property. Legal Developments by Schönherr.

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Not even a year has passed since Slovakia introduced a new regime on personal data protection in the form of Data Protection Act No. 122/2013 Coll. However, that regime is already subject to an amendment, proving that it has paid off for businesses to cry on the government's shoulder. Consequently, as of 15 April 2014, businesses can look forward to the removal of certain substantial administrative burdens. Please read through a short overview of the novelties introduced by the amendment: read more...

European Union: Unitary Patent System

April 2014 - Intellectual Property. Legal Developments by Schönherr.

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Nowadays, the protection of a patent can be obtained by using the following routes: read more...

EU: Having problems with counterfeits?

February 2014 - Intellectual Property. Legal Developments by Schönherr.

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On 1 January 2014, the new Product Piracy Regulation (EU) 608/2013 ("PPR 2014") entered into force. This Regulation is now the legal basis allowing customs authorities within the entire EU to stop goods potentially infringing intellectual property rights from being imported into the EU. read more...

Slovakia: The New Act on e-Government

October 2013 - Intellectual Property. Legal Developments by Schönherr.

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On 1 November 2013, the new Slovak act on the electronic performance of powers of public authorities - the Act on e-Government [1] ("Act") - will come into force. As the general legislation for the entire public administration, judiciary included, the Act brings new ways of exercising public authority electronically and introduces electronic delivery, guaranteed conversion of documents, and electronic payment of all administrative and court fees. Nevertheless, these fundamental changes will be implemented gradually. read more...

Austria: Human brands - the growing field of Personality-Merchandising

October 2013 - Intellectual Property. Legal Developments by Schönherr.

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Just recently, media around the world reported about the Spanish football club Real Madrid spending the incredible sum of EUR 100 million to acquire the Welsh midfield star Gareth Bale from Tottenham Hotspur. This caused a flurry of excitement and many people were left wondering whether it is justifiable to spend such amounts on a single human being playing football. However, one has to bear in mind that football has become an entertainment industry and that clubs like Real Madrid are in fact not only acquiring further employees, but also brands with great advertising values. Such advertising values may be comprehensively exploited eg by means of Personality Merchandising. read more...

EU: Genuine Use of Community Trademarks Changes due to recent CJEU decision C-149/11

March 2013 - Intellectual Property. Legal Developments by Schönherr.

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EU-wide protected Community Trademarks (as well as national trademarks) have to be used for the claimed goods and services in the course of trade within the EU in order to maintain their protection and enforceability. A (partial) lack of use, however, does not automatically result in a (partial) lapse of the trademark registration. On the other hand, after an initial “grace period” of 5 years beginning with the registration of the trademark, genuine use of the trademark would have to be proven when enforcing such trademark against third parties; furthermore, anybody could request revocation of such trademark in so far as it had not been genuinely used for goods and services covered by the registration (Art 15, 51(1)(a) CTMR).

CEE: Court of Justice of EU: Freedom for the Peer

December 2011 - Intellectual Property. Legal Developments by Schönherr.

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The Court of Justice of the European Union (CJEU) has deprived the audio recording and movie industries of one of their main instruments against the sharing of illegal internet content – the possibility to impose an injunction against an internet service provider (ISP) that requires it to install a system to filter electronic communications, especially those involving the use of peer-to-peer software.

Challenges in designing compliance programme in countries with anti-corruption laws

October 2011 - Intellectual Property. Legal Developments by Schönherr.

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Demand has increased for crime prevention programmes to help companies estab-lish proper control mechanisms. Incentives to commit fraud or act unethically re-main high, and the risk of non-compliance with legislation has never been higher. The development and implementation of an international compliance programme must be the initial step to avoid liabilities. Understandably, multinational compa-nies are becoming more and more concerned about compliance because of the in-creasingly stringent legal requirements and rising efforts to indict individuals and companies.

New Act on Data Protection Adopted

August 2011 - Intellectual Property. Legal Developments by Schönherr.

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The Hungarian Parliament has passed a new Act No. CXII of 2011 on data protection, which will enter into force in January 2012. The new Act retains the basic elements of the present Act, while providing extended rights for data subjects and new sanctions against infringers. It also introduces a new authority competent to replace the Office of the Commissioner for Data Protection.

No pictures please! Banning photography at concerts is not so easy.

June 2011 - Intellectual Property. Legal Developments by Schönherr.

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Most people take photos at concerts or festivals. Many of them then upload their snap-shots to Facebook and other sites to share with friends and family.

By Wolfgang G. Tichy

Avoiding “Genericide” of Your Trademark

January 2011 - Intellectual Property. Legal Developments by Schönherr.

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Being famous is not so bad, especially for trademarks, unless it leads to genericide.

New Amendments to Austrian Data Protection Law

November 2010 - Intellectual Property. Legal Developments by Schönherr.

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With this year's beginning a substantial revision of the Austrian Data Protection Act (the "DPA") entered into force where the DPA was substantially revised for the first time since it became effective in the year of 2000.

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