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CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH

GAUERMANNGASSE 2, 1010 WIEN, AUSTRIA
Tel:
Work +43 1 40 44 30
Fax:
Fax +43 1 40 44 39 00 00
Email:
Web:
www.cms.law
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CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH, Dr Egon Engin-Deniz, Vienna, AUSTRIA

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Dr Egon Engin-Deniz

Tel:
Work +43 1 40443 1550
Email:
Web:
cms.law
CMS

Work Department

Intellectual Property, Lifesciences, TMC - Technology, Media & Communications, Consumer Products, Media Law, Sports Law

Position

Dr Egon Engin-Deniz is a partner in the firm and has been with CMS since 1991. He leads the intellectual property and media teams at CMS in Vienna. For several years he was IP practice head of the pan-European IP team at CMS.

He has extensive experience in contentious and non-contentious trademark, domain and patent law as well as in copyright issues, including conditional access law, distribution and unfair competition matters. His team specialises in pursuing product piracy cases and the investigation of parallel imports. He is a recognised expert in the coordination of complex multi-jurisdiction litigation and in the field of licensing. Together with his team, he advises leading international and Austrian clients across a wide range of industry sectors, with a focus on pharmaceutical and medical device companies, agro sciences, biotechnology, media companies as well as companies from the IT and consumer products sectors.

Equally important as his intensive involvement in litigation activities are the strategic "cradle to grave" advisory services he provides to companies, starting from the choice of names and portfolio management to trademark, patents and licensing strategies.

Up until 2008, Egon Engin-Deniz was state commissioner for the Austrian collecting societies OeSTIG und LSG.

Career

Partner at CMS Reich-Rohrwig Hainz since 1999, lecturer at the B & K Academy and the University of Vienna, author of articles on intellectual property with a focus on patent litigation and copyrights (access control), author of the leading commentary on Austrian Trademark Law.

Languages

German, English.

Member

International Trademark Association (INTA); European Communities Trade Mark Association (ECTA); chairman of the MARQUES Cyberspace Team, the Association of the European Trade Mark Owners; Programme Committee for the Austrian legal day event “IT-Rechtstag”; CMS Alliance Head of Practice Area Group Intellectual Property, which is made up of more than 100 experts on intellectual property law from the leading European law and tax consulting firms from various countries.

Education

University of Vienna (Dr. iur., 1990).


Austria

Intellectual property

Within: Intellectual property

CMS’ offering in the IP field is comprehensive and includes contentious and non-contentious work in trade marks, patents, copyright and unfair competition law. Equally wide ranging is the team's industry coverage, with domestic and international clients from the media, sports, pharmaceutical and medical device, biotechnology and IT sectors. Team leader Egon Engin-Deniz is assisting Marriott with trade mark cancellation proceedings, and is acting for Falco Privatstiftung in copyright litigation against an individual claiming co-authorship of various Falco songs. Gabriela Staber, who was promoted to partner in January 2018, is representing pharmaceutical company Johnson & Johnson in trade mark, design and unfair competition proceedings regarding its medical devices.

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Legal Developments by:
CMS

  • Access to justice: protective costs orders in planning challenges

    Third parties and competing developers have no rights of appeal to the Secretary of State against planning decisions. Disappointed applicants can appeal to the Secretary of State and can have the merits of the application reconsidered. The only remedy available to a disappointed third party is a challenge by way of judicial review in the High Court on a point of law. The sense of frustration and disempowerment this creates has not been helped by the increasing complexity of the planning process and the use of consultation to legitimise decisions that many perceive may already have been taken.
    - CMS Group

Legal Developments in Austria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • THE NATIONAL REGULATION ON THE SECURITY OF "NIS" IN AUSTRIA SHOULD BE OF INTEREST TO YOU

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

    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 .
    - Dorda
  • AUSTRIA: ANONYMISATION ACCEPTED AS VALID DATA DELETION METHOD

    On 5th December 2018, the Austrian data protection authority ( Datenschutzbehörde , "DSB") issued a decision (DSB-D123.270/0009-DSB/2018) on data subject's right to data deletion according to Art 17 GDPR. In a nutshell, the DSB accepted consistent anonymisation as a valid alternative to physical and technical deletion. Beside the clear statement that anonymous data is not subject to the GDPR, the DSB provided detailed information on (technical) requirements of anonymisation methods:
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  • Consent or pay – a valid scheme under the GDPR?

    Media companies throughout Europe struggle with a difficult economic environment: Shrinking sales figures for print products, the digitalisation and consumer demand force publishers to offer their content also on the internet. However, generating money for online publications is not quite easy as – at least in Austria – online subscription against renumeration has not been well accepted by customers. This partially has its root in the lack of suitable micropayment means in the past and users thus getting acquainted to online information being offered for free. Thus, publishers have instead focused on financing their platforms by online marketing activities such as placement of banners. Nowadays such digital advertisement is usually targeted to the specific user. For this purpose, cookies are stored on the user's computer upon his first visit of the website, which then collect data about his location, technical equipment used and online behaviour. This finally allows to display specific, user targeted advertisements. However, such cookies may cause issues with applicable consent requirements under the telecommunication and data protection regulations:
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  • fwp expands know-how thanks to new junior partner

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  • AUSTRIAN DATA PROTECTION AUTHORITY ISSUED THE "BLACK LIST"

    Processing operations subject to the requirement of a data protection impact assessment.
    - Dorda
  • Rien ne va plus!

     
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  • DORDA advises on the acquisition of Austrian office properties Denk Drei

    Stefan Artner , Partner and Head of the Real Estate Practice Group, and real estate attorney Klaus Pfeiffer of DORDA advised Austrian Real Estate Development GmbH ( ARE , a subsidiary of Bundesimmobilien-Gesellschaft, the Austrian privatization agency) on the acquisition of the Denk Drei office properties from IC Development . The successful closing of the forward purchase transaction took place on April 30, 2018. The parties have agreed not to disclose the purchase price.
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  • Austrian "White List"

    Exceptions from the OBLIGATION TO CARRY OUT A data protection impact assessment
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