Intellectual property

“A company’s trademark is the cornerstone of its commercial success”

Intellectual property and industrial property rights belong to the longest-standing areas of expertise of our law firm. With the topic of franchising, our law firm has anchored its points of focus on industrial property rights. Our clients place their trust in our expertise in the areas of trademark, design, patent and copyright law as well as competition and license law.

Franchising

Our law firm has been specializing on franchising and license agreements for ten years. Franchising relies on legal analogies and European legal principles and is based on the EC block exemption regulation which is excluded from antitrust law.

It is therefore important to take all the legally relevant principles into account: Antitrust law, intellectual property law, civil law, tenancy law, commercial agent law, European competition law, domestic and European procurement law, commercial law as well as general law of contract.

Our services

  • Establishment and development of a franchise system
  • Configuration of franchise, commercial agent and license agreements
  • Legal disputes between and franchisors and franchisees
  • Termination of contracts
  • Verification of claims for compensation and investment reimbursement
  • Verification of contracts

Trademark law

We operate in Liechtenstein, Austria and Switzerland and support you in domestic and international trademark law. In addition to domestic trademarks, we also protect EU-wide European Union trademarks and international registrations (IR trademarks). When the law requires it, we are supported by experienced experts on trademark law in other countries. As a member of the INTA (International Trademark Association), we are able to draw in a global network of specialist attorneys. We support you with both the purchasing or sale of trademarks, carry out the negotiations and configure contracts.
To avoid conflicts with third party rights, it is necessary for a trademark application to be researched and verified with care. We accompany you throughout the process – from the application to the registration. In the event of disputes surrounding trademark law, we provide you with professional representation before all trademark and patent offices as well as the responsible courts.

Um Konflikte mit bestehenden Rechten Dritter zu vermeiden, sollte eine Markenanmeldung sorgfältig recherchiert und geprüft sein. Wir begleiten Sie im gesamten Prozess – von der Anmeldung bis zur Eintragung. Bei markenrechtlichen Auseinandersetzungen vertreten wir Sie kompetent vor allen Marken- und Patentämtern sowie den zuständigen Gerichten.

Our services

  • Trademark research
  • Trademark applications
  • Trademark monitoring
  • Domestic trademarks
  • European Union (EU) trademarks
  • International trademarks (IR)
  • Copyright protection notice
  • Trademark license agreement
  • Rights management
  • Appeal proceedings
  • Cancellation proceedings
  • Trademark disputes
  • Prosecution of trademark infringements
  • Temporary injunctions
  • Defense against warning letters
  • German Patent and Trademark Office (DPMA), Office for Harmonization in the Internal Market (HABM), Federal Patent Court (BPatG)
  • Trademark transactions
  • International trademark law

Design law

The registered design constitutes an industrial property right for product, illustration, textile or fashion design, as well as for furniture and jewelry. It is of importance for industrial coloration and configuration and also protects the design of packaging and products. Our law firm assists you in verifying the protection-capability of a design, whether it is the process of application and registration or defending the registered design in the event of legal infringements by third parties.

Our services

  • The protection of registered designs and prototypes
  • Development industrial property rights strategies
  • Design registrations
  • Submission of design license agreements
  • Prosecution of trademark infringements
  • Cease and desist orders and claims for damages
  • Warning letters and temporary injunctions
  • Defense against unwarranted warning letters

Patent law

In the field of patent law, we support our clients with the administration of their industrial property rights portfolio, with the configuration of license agreements, the transfer of industrial property rights and with the defense of patents and registered designs.

In the event of disputes surrounding patent law, we provide you with professional representation before the trademark and patent offices in Austria, Liechtenstein, Switzerland and Europe, and also before the courts. When time is of the essence, we will also issue a temporary injunction, and if necessary at the weekend so as to prevent use at a trade show, for example.

Our services

  • Patents and registered designs
  • Industrial property rights strategies
  • Patent utilization
  • Licensing of patents
  • Transfer of patents
  • Rights management
  • Employee inventions
  • Prosecution of patent infringements
  • Opposition proceedings
  • Invalidity proceedings
  • Authorization enquiries
  • Warning letters
  • Temporary injunctions
  • Defense against offensive action
  • epresentation before the German Patent and Trademark Office (DPMA), the Office for Harmonization in the Internal Market (HABM) and the Federal Patent Court (BPatG)
“Taxes can be managed.”

IP box and tax planning

Our law firm not only brings together the countries of Austria, Liechtenstein and Switzerland, but also the legal fields of intellectual property and tax. We advise our clients with the protection of their intangible assets as well as the tax-related configuration of their license agreements and the creation of corporate structures.

The new European and OECD guidelines have made setting up an IP box in Europe increasingly difficult. Only a limited number of countries – such as Switzerland and Luxembourg – have the legal institution of the “IP box” for the optimized configuration of license agreements.

We support our clients with the tax-related structuring of their intellectual property rights in the domestic and international structures of company law. We also establish license models and license exploitation companies. We support you with setting up an IP box and with the associated tax-related and legal benefits.

Our services

  • Creation of corporate structures
  • Creation of license agreements
  • Configuration of IP box solutions
  • Tax structuring

Antitrust law

Our law firm offers expertise on contracts and agreements relating to the fields of competition and intellectual property – for example, distribution, license and franchise agreements. We advise you on questions relating to antitrust law, the abuse of dominant market position and during state aid proceedings.

We verify the admissibility of distribution and advertising measures as well as government subsidies. We are also able to support you in the event of disputes surrounding competition law and with the submission of a temporary injunction. We also represent you before domestic and international competition authorities.

We support our clients with their planning, coordination and completion of domestic and international M&A transactions in terms of competition law, and in all matters surrounding merger control.

Our services

  • Verification of government subsidies according to state aid law
  • Merger control
  • Verification of contracts according to antitrust law

License law

The use and exploitation of intellectual property depends on the careful configuration of license agreements. Those who assign their intellectual property to third parties or make use of the intellectual property of someone else should agree to all the associated rights and obligations in advance.

We support our clients with our expertise during the configuration of contracts.

Our services

  • Trademark law
  • Copyright law
  • Design law
  • Patent license agreement
  • Software licenses
  • License trading
  • Licenses with franchising
  • Sports licenses
  • Transfer of technology
  • Protection of know-how

Copyright

We represent our clients in the field of copyright on both an in-court and out-of-court basis. We create, verify and assess license agreements and provide advice with the configuration of contracts to avoid subsequent conflicts. In the field of copyright, the judicial assertion of performance protection and copyrights as well as the defense of unauthorized claims and the submission of temporary injunctions are of key relevance.

Our services

  • Verification of copyrights
  • Development of protective strategies
  • Filing of original works
  • License agreements
  • Rights management
  • Contractual configuration
  • Prosecution of copyright infringements
  • Warning letters & temporary injunctions
  • Cease and desist orders and claims for damages
  • Defense against unwarranted warning letters

Distribution law

Our law firm has specialized on franchising, i.e. the establishing of global distribution and license systems, for more than ten years. In the field of distribution law, it is necessary to consider which specific form of the distribution network is commercially and legally efficient.

We distinguish between commercial agent, franchise and license models. Together with our clients, we carry out a precise assessment of which business model is the most successful for you on both a country and product-specific basis. In this respect, we take domestic, European and international factors into consideration, which we combine with our know-how surrounding tax and company law.

Our services

  • Development of a distribution and process organization
  • Compilation of handbooks
  • Creation of contracts
  • Location analyses
  • System design
  • Feasibility studies

Competition law

It isn’t the case that every imitation is prohibited, and it isn’t the case that every legal infringement is anti-competitive. The Unfair Competition Act (UWG) aims to bring about a fair state of competition between the participants in terms of both advertising and business conduct. If a competitor uses methods which are considered unfair or achieves a competitive advantage in a dishonest way, we assert the rights of our client, and with temporary injunctions if necessary.

Our services

  • Verification of advertising campaigns
  • Obligations in business transactions
  • Website checks
  • Comparative advertising
  • Food law
  • Drug advertising law
  • Defense against unwarranted offensive action
  • Warning letters
  • Temporary injunctions
  • Cease and desist action
  • Protection against imitation
  • Prohibition of unfair competition
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