JUVE Comment

The IP practice covers all intellectual property issues and is particularly well equipped for litigation. It was recently involved in no less than three precedent rulings from the Austrian Higher Regional Court on copyright and trademark law. Egon Engin-Deniz demonstrated his litigation skills for Hofmann-La Roche by obtaining a ruling that strengthened the position of originator manufacturers in pharmaceutical parallel imports. The Corona pandemic led to increased demand for advice in the healthcare sector: Gabriela Staber, who is highly versed in regulatory advice, clarified numerous issues relating to product liability, unfair competition and trademark law for pharmaceutical clients and medical service providers.

Several of the firm’s clients recently entrusted the team with large trademark portfolios. Work at the interface of patent and trade secret protection has also increased significantly. The team is active in numerous patent infringement proceedings on behalf of midsized companies, its core clients. In addition, CMS regularly advises on licensing agreements, recently landing the US refrigeration and air conditioning company Modine as a new client. One of the first supreme court decisions concerning the newly regulated trade secret protection also came about at the instigation of the CMS team, which represented the plaintiff, a railway construction company.

Strengths

Strategic advice and litigation in trademarks and copyright law. International setup.

Recommended individuals

Egon Engin-Deniz (‘‘assertive‘‘, competitor), Gabriela Staber

Team

1 equity partner, 1 salary partner, 1 counsel, 1 associate, 3 trainee lawyers

Specialties

Broad practice with emphasis on trademark law, including designs. Extensive trademark management (approx. 10,000 trademarks). Frequent advice at the interface with competition law in the run-up to advertising campaigns and product launches. Focus on copyright issues, in particular media law. Prosecution of product piracy and parallel imports. Increasingly patent disputes.

Clients

Modine on cross-licence in the course of the sale of an Austrian production facility; railway company concerning theft of trade secrets and patent ownership (public knowledge).