IP Law
- Representation and advice in trademark law and copyright law
- Examination and registration of trademarks (national, EU-wide, international)
- Defense against unauthorized interference with your trademark or copyright law
- (Extra-)judicial assertion of the claims to which you are entitled, e.g. omission, elimination, reasonable compensation, damages, invoicing, publication of judgement, etc.
- License Agreements
Trademark law
Trademarks are signs for goods or services, e.g. logos, names or lettering.
The registration of a trademark offers – depending on the scope of the geographical protection – extensive defense possibilities, should someone want to parrot your good reputation. Irrespective of this, your company logo is also protected before it is registered as a trademark, e.g. within the meaning of § 9 UWG (Austrian Unfair Competition Act).
From a factual point of view, a distinction is made in particular between word marks, word figurative marks and figurative marks. There are further options of trademarks (e.g. shape marks). In principle, word marks often constitute the most extensive protection, but also more easily lead to conflicts with other already registered trademarks.
If you want to allow business partners to use your trademark, your economic ideas should be recorded in a trademark license agreement.
I will be happy to conduct a search to determine which type of trademark with which geographical scope of protection is suitable for you and whether there are conflicting trademarks that have already been registered (similarity search). If your trademarks and business signs are misused by third parties, I will enforce your claims.
Copyright Law
The author is anyone who creates an “artistic work”. The term “work of art” is relatively broad. Aesthetics or quality are not important. However, a minimum of individuality and originality in the form of differentiation from other works is required. Works of literature, musical art, fine arts and cinematography are protected.
A registration – e.g. as in trademark law – is not possible. Copyright protection arises with the creation of the work. A copyright notice (©) or similar is not necessary in Austria and usually has no further legal consequences.
Typical cases of copyright infringement are the unauthorized use of third-party pictorial material or the violation of the granted rights of use. Just because an image can be found freely on the internet does not mean that it may be used arbitrarily. Rather, the author’s consent must be obtained if the image is not used solely for private purposes. A clear (written) definition of the rights granted by the author or copyright holder often saves both sides a lot of trouble and financial effort.
Images that are licensed under a Creative Commons license, for example, can usually be used according to the respective license agreement. Here, too, however, geographical, temporal or content-related restrictions must often be observed.
If a photo is used without the author’s consent, the author is usually entitled to an appropriate fee and omission. In addition, claims for e.g. damages may be due.
A distinction must be made between the unauthorized use of third-party photos and the violation of the so-called “right to one’s own picture”. Pictures of a person may not be published if this would violate the legitimate interests of the person depicted or a close relative. A weighing of interests is to be made here in the individual case. Also accompanying circumstances (picture captions, general context etc.) are to be considered. Ordinary holiday photos are usually unproblematic. However, if the person depicted is exposed or otherwise degraded, for example, there is often a violation of the right to one’s own image.
I am happy to inform you on the possibilities to protect your intellectual property.
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