The Legal 500

Austria > Intellectual property and media

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  1. Intellectual property and media
  2. Other recommended firms
  3. Leading individuals

Leading individuals

Advising domestic and international companies, Gassauer-Fleissner Rechtsanwälte GmbH has ‘problem-solving capacities far above the market standard’, and ‘the value for money provided is high’. Its extensive practice spans non-contentious and contentious work, including patent and trade mark litigation; design, media and unfair competition litigation; and domain name and copyright matters. Max Mosing has ‘excellent knowledge’, and Barbara Kuchar ‘understands the needs of clients’.

Höhne, In der Maur & Partner Rechtsanwälte GmbH is known for its copyright law, unfair competition, and trade mark protection work, and also assists in areas such as image rights, name usage, and reputation management. Thomas Höhne is ‘a litigation expert, and capable of solving urgent matters within a very strict timeframe’.

Schoenherr is noted for its ‘innovation’, and ‘quality legal advice on the most complicated assignments’. It has a new technologies team working on social media, cloud computing, privacy and licensing matters, and also handles traditional trade mark, design, patent, copyright and unfair competition matters. It successfully represented Red Bull at the Austrian Supreme Court over the enforcement of the company’s colour mark against competitors ‘Run Cool’. Guido Kucsko, ‘a recognised legal expert’, continues to advise IT clients including Hewlett-Packard and Nokia on copyright levies applicable to media devices such as tablets and PCs.

Wiltschek Rechtsanwälte is a boutique practice which covers the traditional areas of IP law, and also advises on food and EC law matters. Lothar Wiltschek has many years’ experience in the field, and David Plasser and Katharina Majchrzak are also recommended.

Binder Grösswang Rechtsanwälte continues to advise the Academy of Motion Picture Arts and Sciences in a dispute over the protection of its ‘Oscar’ trade mark; and represented Lionstar Enterprises in a trade mark dispute covering the EU and Switzerland. The firm is also active in efforts against product piracy for a range of luxury goods companies. Ivo Rungg and Hellmut Buchroithner are ‘both very fast in answering’, and have ‘very broad and strong legal knowledge’.

In 2012, CMS gained a number of clients in the luxury goods sector, notably Louis Vuitton, shoe manufacturer Camper, and L’Oréal. It was also active advising Sky on broadcasting law, signal piracy and other matters, including representation before the ECJ. The practice is ‘very practical’ and ‘affordable’, and has ‘good industry knowledge’. It is led by the ‘excellent’ Egon Engin-Deniz.

DLA Piper Weiss-Tessbach was active representing academic clients such as the University of Natural Resources and Life Sciences, and Vienna University of Technology. Its work over the past year included trade mark enforcement, anti-counterfeiting actions, and labelling compliance reviews. Alexander Cizek and Sabine Fehringer are the two partners in the team.

Dorda Brugger Jordis’ IP practice is ‘one of the strongest in the market’, and is valued for its ‘realistic advice’ and ‘general service orientation’. It is advising InQnet in a criminal case against companies in the music and film industries, involving claims that it marketed software which enables copyright infringement. Axel Anderl is ‘the one to go to with bigger and tricky cases’.

Fiebinger Polak Leon Rechtsanwälte is appreciated for its ‘responsiveness and appropriateness of advice’. It advises fashion house Sportalm on trade mark, design and unfair competition issues, in particular on EU anti-counterfeiting measures. Constantin Kletzer impresses with his ‘experience, and in-depth knowledge of Austrian and EU IP law’.

Freshfields Bruckhaus Deringer is known for its transactional IP work and acts for a roster of international players such as Volvo Cars Austria, Nintendo of Europe, and Bristol-Myers Squibb. It represented Hutchison 3G Austria GmbH in proceedings against an Austrian competitor using an allegedly misleading advertising claim. Christof Pöchhacker gives ‘prompt answers’ and ‘good advice’.

Sattler & Schanda’s boutique practice continues to advise numerous clients in relation to trade mark matters, having focused on the area for over a decade, and also advises on copyright matters. Reinhard Schanda leads the team.

Schwarz Schönherr Rechtsanwälte OEG’s IP practice is led by Georg Schönherr, who is well known for advising international life sciences clients. It handles design and anti-piracy work alongside its core business in trade mark, copyright and patent matters.

TaylorWessing e|n|w|c Attorneys at Law assisted Teva Pharmaceuticals on patent issues, A1 Telekom Austria on unfair competition matters, and Fischer Sports GmbH in patent litigation against Kästle GmbH. The team’s ‘strength in depth is high’, and its ‘advice is especially useful’. Martin Prohaska-Marchried is head of department.

Wolf Theiss’ IP practice prides itself on its CEE capabilities. It represented Crocs Inc in a Romanian case relating to infringement of design rights; and also assisted the client in relation to counterfeit clogs sold in Austria. Among ‘a very broad range of experts’, Georg Kresbach is ‘outstanding’. Google, Novartis and Hugo Boss are also clients.

Brauneis Klauser Prändl Rechtsanwälte GmbH is noted for its ‘diverse professional knowledge’ as well as its ‘straight-to-the-point communication’. It acts for rights holders on product piracy and patent law matters, in areas including media and film. Martin Reinisch is ‘smart and knowledgeable’.

CHSH Cerha Hempel Spiegelfeld Hlawatigets to the relevant points quickly’, and provides a well-rounded service. McDonald’s instructs the firm on Austrian IP matters. Irene Welser handles contentious work.

Andreas Zellhofer is the go-to partner at Eisenberger & Herzog for IP and IT matters. He acts for Immofinanz on trade mark, domain name and media law matters, and continues to advise Austrian Airlines on advertising.

Graf & Pitkowitz is active in trade mark disputes, and is known for defending international clients in infringement proceedings. Ferdinand Graf is the key figure.

Hasch & Partner Anwaltsgesellschaft mbH is notable for its expertise in areas such as preliminary injunctions, injunctive relief and house searches. Bernhard Steindl has CEE experience.

Herbst Kinsky Rechtsanwalte GmbH has a focus on drafting co-operation agreements, and licensing and marketing contracts. It also advises on property rights, and has a presence in the pharmaceutical sector. Philipp Kinsky is the contact.

Dr Michel Walter is a sole practitioner in the field, and is noted for his expertise in copyright issues.

Eversheds Austria currently manages around 50 patents, trade marks, designs and licences for shoe company Legero, and is regularly involved in registrations and objections. It also acts for Forever 21 across the EU.

Karasek Wietrzyk Rechtsanwälte GmbH is active in media copyright law, and also advises on data protection. Arno Cichocki represents several publishing houses on IP matters.

Lansky, Ganzger & Partner Rechtsanwälte GmbH is noted for its media law work, acting for some of the largest companies in Austria. Gerald Ganzger leads the team, which is noted for its ‘professionalism and customer orientation’.

Boutique practice Mag Marcus Essl, LL.M., M.E.S is ‘exceptionally sound’, and gives ‘outstanding advice’. Clients include photographer Manfred Baumann.

Siemer-Siegl-Füreder & Partner, Rechtsanwälte is ‘very competent in IP litigation’, offers ‘reasonable hourly rates’ and ‘finds practical solutions to clients’ needs’. Reinhard Brunar advises on the full range of IP issues.

Windisch : Law Offices provides ‘a prompt and creative service’. Bettina Windisch-Altieri is advising the London-based Rights Agency (a collecting agency for performing artists) in an Austrian dispute over market dominance.

Press releases

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Legal Developments in Austria for Intellectual property and media

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

    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).
    - Schönherr

Legal Developments in Austria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Reselling Used Apps?

    In a recent decision, the Court of Justice of the European Union (CJEU) held that the resale of used software generally cannot be excluded in licence terms. The judgment, which aimed at the resale of used business software, may also affect the app market. Read more...
  • Austria: New Law Makes Establishing a GmbH Easier and Cheaper

    On Friday, 22 March 2013, a draft new law (Gesellschaftsrechts-Änderungsgesetz 2013 - GesRÄG 2013) was revealed by Minister of Justice Beatrix Karl and Minister of Economy Reinhold Mitterlehner. The GesRÄG 2013, which is expected to come into force on 1 July 2013, aims at facilitating the establishment of an Austrian limited liability company (Gesellschaft mit beschränkter Haftung - GmbH). This article provides a summary of the draft. 
  • Mergers & Acquisitions 2013. Chapter 6: Austria.

    This guide provides corporate counsel and international practitioners with a comprehensive worldwide legal analysis of the laws and regulations of mergers and acquisitions. This article appeared in the 2013 edition of The International Comparative Legal Guide to: Mergers & Acquisitions; published by Global Legal Group Ltd, London. www.iclg.co.uk .
  • EU: Genuine Use of Community Trademarks Changes due to recent CJEU decision C-149/11

    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).
  • Real Estate 2013. Chapter 4: Austria

    This guide provides the international practitioner and in-house counsel with a comprehensive worldwide legal analysis of the laws and regulations of real estate. This article appeared in the 2013 edition of The International Comparative Legal Guide to: Real Estate; published by Global Legal Group Ltd, London. www.iclg.co.uk .
  • Real Estate 2013. The End of Extend and Pretend: Non-Performing Loans in CEE/SEE

    This guide provides the international practitioner and in-house counsel with a comprehensive worldwide legal analysis of the laws and regulations of real estate. This article appeared in the 2013 edition of The International Comparative Legal Guide to: Real Estate; published by Global Legal Group Ltd, London. www.iclg.co.uk . 
  • Client Alert: Amendments to Austrian Competition Law

    In December 2012, the Austrian Parliament adopted changes to the Austrian Cartel Act as well as the Austrian Competition Act that will enter into force as of 1 March 2013 (Austrian Cartel and Competition Law Amendment Act; KaWeRÄG 2012). Although the Amendment does not lead to a major overhaul of the current system, several changes are noteworthy: 
  • EU: European Commission releases Action Plan on European Company Law and Corporate Governance

    The Action Plan is titled "European company law and corporate governance – a modern legal framework for more engaged shareholders and sustainable companies" and was made public on 12 December 2012. Its key elements are presented in the following summary.
  • Austria: New laws on Hiring-Out of Labour

    Based on directive 2008/104/EC, Austria's hiring-out of labour laws have been amended (BGBl 98/2012). According to the directive, the implementation into national law should already have taken place by 5 December 2011. After a first failed attempt in February 2012 to implement the directive effective 1 July 2012, the implementation has now taken place belatedly, effective 1 January 2013. Furthermore, the new laws on the hiring-out of labour not only implemented the directive, but also stipulated further regulations for temporary work. This text provides an overview of the most important amendments in the new laws.
  • CEE: The Corruption Perception Index 2012

    Transparency International ("TI") released its Corruption Perception Index 2012 ("CPI 2012") earlier today. The Corruption Perception Index ranks countries based on how corrupt their public sector is perceived to be. The index, which reflects the views of observers from around the world, offers a yearly snapshot of the problem of corruption by ranking countries from all over the globe. The index covers issues such as free access to information, bribery of public officials, kickbacks in public procurement, and the enforcement of anti-corruption laws. The CPI 2012which is available at: http://cpi.transparency.org/cpi2012/results/ ranks 176 countries.

Press Releases in Austria

The latest news direct from law firms. If you would like to submit press releases for your firm, send an email request to
  • Austria/CEE: Schoenherr further expands its strong standing in new Chambers Global rankings

    Schoenherr's standing as a leading corporate law firm in Central and Europe Europe (CEE) has once again been confirmed by the rankings that Chambers & Partners, the distinguished legal directories publisher, released at the end of last week. Schoenherr practice areas in Austria and across CEE received a total of 17 rankings in the 2013 edition of Chambers Global, including seven top tier ("Band 1") rankings. Read more...
  • Austria: Schoenherr advises NOVOMATIC on acquisition of majority stake in I-NEW

    Schoenherr, a leading corporate law firm in Central and Eastern Europe, advised NOVOMATIC AG, one of the world's largest producers and operators of gaming technologies, in connection with its investment in I-NEW Unified Mobile Solutions AG. Following the 19 April 2013 signing, NOVOMATIC's acquisition of a 50.097 percent stake in I-NEW is expected to close in around two months. The parties agreed to keep the financial terms of the transaction confidential. Read more...
  • Schoenherr further expands its strong standing in new Chambers Global rankings

    Schoenherr's standing as a leading corporate law firm in Central and Europe Europe (CEE) has once again been confirmed by the rankings that Chambers & Partners, the distinguished legal directories publisher, released at the end of last week. Schoenherr practice areas in Austria and across CEE received a total of 17 rankings in the 2013 edition of Chambers Global, including seven top tier ("Band 1") rankings.
  • Austria/Turkey: Schoenherr advises Ganahl group on its Turkey expansion

    Schoenherr advised Austrian packaging group Ganahl AG on the acquisition of MKB Oluklu Mukavva Kutu ve Ambalaj San. Tic. A.S. ("MKB"). MKB is active in the corrugated packaging industry in Turkey, a sector which is currently attracting a lot of foreign investors. The transaction has been completed in February this year. The parties agreed to keep the purchase price confidential.
  • AT: Schoenherr publishes second edition of English-language basic primer on Austrian employment

    The need for English-language specialist literature on legal issues in Austria has risen with the increasing internationalisation of firms active in the country. Now available in a revised second edition, "Employment Law: A Basic Primer" provides interested practitioners with an overview of the most important provisions of Austrian employment law.
  • AT/CEE: Schoenherr advises bauMax creditors on financial restructuring package

    Schoenherr, a leading full-service corporate law firm in Central Europe, advised a group of some 40 Austrian and international creditors (lenders, bondholders and hedge counterparties) on the negotiation and execution of a comprehensive financial restructuring package for bauMax group, a leading DIY retailer in Austria and the CEE region.
  • AT: Schoenherr advises Austrian pharmaceutical wholesaler Jacoby...

    on its merger with gm pharmaSc
  • AT/Central Europe: Schoenherr maintains its top position in the Austrian M&A market in 2012

    Schoenherr, a leading full-service corporate law firm in Central Europe, maintained its top position in the Austrian M&A market in 2012, according to the league tables for legal advisors * published by the Financial Times Group's business intelligence subsidiary mergermarket. According to mergermarket's deals database, Schoenherr's M&A practice ranked No 1 in terms of the number of qualifying Austrian M&A transactions it advised on in 2012. Having ranked first on this basis in mergermarket's 2011 league table for Austria, Schoenherr thus continued to lead its legal advisory peers, 48 of which managed to earn a ranking in the 2012 table.
  • AT: Schoenherr advises France Telecom in sale of Orange Austria to Hutchison

    Schoenherr, a leading full-service corporate law firm in Central Europe, advised France Telecom-Orange as overall transaction counsel in the telecom company’s recently completed sale of its shareholding in Orange Austria to a unit of Hutchison Whampoa.
  • Schoenherr advises Daimler on the reorganization of its joint-venture with Pappas

    The Central European law firm Schoenherr advised Daimler AG on the reorganization of its joint-venture with the Austrian Pappas family. Daimler will acquire Pappas' share in Mercedes-Benz Österreich Vertriebsgesellschaft mbH (the general importer of Mercedes-Benz, smart and Fuso cars) and Mercedes-Benz Financial Services Austria GmbH, the Aus-trian financial services provider. Further, Daimler and Pappas will restructure the Austrian spare parts wholesale business from 1 January 2014; Daimler will provide spare parts from its logistics center in Nuremberg, Germany. Completion of the transaction is subject to merger control clearances. The purchase price is confidential.