Publications  


ILO Intellectual Property - Austria 20/06/2011
Supreme Court clarifies trademark regulation for comparative advertising (Dr. Ferdinand Graf und Mag. Tanja Melber)

The Supreme Court recently clarified the applicability of Article 12(c) of the Community Trademark Regulation in the context of comparative advertising, ruling that it should be interpreted narrowly and must be employed only in cases where such usage is the only possibility for providing the public with comprehensive information on the marketed goods.
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ILO Employment - Austria 15/06/2011
Primer on dismissals, redundancies and severance pay

In order to carry out dismissals and mass terminations, the Austrian legal regime requires the employer to give prior notification to the appropriate agency and observe the relevant terms. Additionally, the regime provides for staggered severance pay, increasing with seniority, if the termination of employment is not initiated or primarily caused by the employee.
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ILO - Austria Commercial Property
Supreme Court limits contractual exclusion of a seller´s warranty

In civil law jurisdictions, sale and purchase agreements tend to be less comprehensive than their common law counterparts. Contracts frequently use certain key phrases which either trigger or exclude a set of legal rules laid down by statute, and which thus need not be explained in detail in the contract.

While such references to sets of legal rules are a useful tool to reduce contract negotiations, they require careful drafting. The Supreme Court recently handed down a decision concerning the contractual exclusion of a seller´s warranty in a property transaction, with surprising results.


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Practical Law Company, Data Protection Handbook 2011/12

Austrian Chapter von Jakob Widner


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Wenn schon vor Gericht, dann vor das Schiedsgericht

Wirtschaftsblatt, 4. Februar 2011, Gastkommentar Dr. Nikolaus Pitkowitz


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