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GRAF ISOLA Rechtsanwälte GmbH | Austria | 20 Nov 2023
Austrian Supreme Court rules on university teaching as public duty: implications for copyright and liability
In a recent decision the Austrian Supreme Court confirmed the rejection of a claim by the lower courts based on the unauthorised use of teaching materials by a university professor. The claim was rejected due to inadmissibility of the legal process as neither the professor nor the university were liable for copyright and competition law infringements committed by a university professor.
GRAF ISOLA Rechtsanwälte GmbH | Austria | 31 Oct 2023
Supreme Court decides on Dieselgate and rules of evidence
Only weeks after the first decision on the emissions scandal, another panel of the Supreme Court has had to deal with related issues. This time, it was the rules of evidence in the Dieselgate-scenario that proved particularly difficult.
GRAF ISOLA Rechtsanwälte GmbH | Austria | 25 Sep 2023
Impact of digitalisation and legal tech on IP law: part four – NFTs
Non-fungible tokens (NFTs) are proof of ownership of intangible goods (such as images, videos or soundtracks), which are usually sold as the digital equivalent of a physical work. What makes NFTs special is that they are based on blockchain technology. This article explores the IP aspects of NFTs and how they interact with copyright and trademarks.
GRAF ISOLA Rechtsanwälte GmbH | Austria | 18 Sep 2023
Impact of digitalisation and legal tech on IP law: part three – e-commerce challenges for companies distributing products online
The days when lawyers could afford to think that digitalisation was irrelevant in legal services and clients could afford to have lawyers who had no idea about technology are over. This series of articles discusses digitalisation and legal tech in the context of their use in IP law. Part three of this series looks at some of the key IP challenges faced by companies distributing their products......
GRAF ISOLA Rechtsanwälte GmbH | Austria | 6 Sep 2023
Supreme Court rules on limitation of leave entitlements following new decision by ECJ
In a recent decision, the Supreme Court concluded that the statutory right to leave cannot be time-barred if the employee did not have the opportunity to take the leave. This article outlines the case and the subsequent decision pursuant to EU law, namely the Charter of Fundamental Rights of the European Union, Working Time Directive and the Vacation Act.
GRAF ISOLA Rechtsanwälte GmbH | Austria | 31 Jul 2023
Austrian Supreme Court: use of foreign trademark as indication of purposes of products and services
In a recent decision, the Austrian Supreme Court ruled once more on the right of third parties to use a foreign trademark to indicate the purposes of their own products or services. This decision unfortunately encroaches further on the rights of trademark owners, and will probably not have a favourable effect on the interest in buying a company in a technologically specialised field,......
GRAF ISOLA Rechtsanwälte GmbH | Global | 5 Jun 2023
Impact of digitalisation and legal tech on IP law: part two – cloud computing and SaaS
The days when lawyers could afford to think that digitalisation was irrelevant in legal services and clients could afford to have lawyers who had no idea about technology are over. This series of articles discusses digitalisation and legal tech in the context of their use in IP law. This article, the second in the series, looks at how intellectual property can be protected in the context of......
GRAF ISOLA Rechtsanwälte GmbH | Austria | 17 May 2023
Beware of unsigned employment contracts
It is a common occurrence for an employment relationship to be initiated before the employment contract is signed by both parties. As far as legal claims by employees are concerned, this is less of a problem, since those are, to a large part, set forth in mandatory statute. If, on the other hand, an employer wants to enforce contractual claims, they are well advised to have a contract that is......
GRAF ISOLA Rechtsanwälte GmbH | Austria | 2 May 2023
Supreme Court rules on diesel emissions scandal
The Supreme Court recently made the first substantive decision in the diesel emissions scandal in which a buyer refused a software update on a deactivation device in his vehicle that would ensure that the vehicle's emission levels were in keeping with relevant EU provisions on nitrogen oxide reduction. The decision was very carefully reasoned and contains clear guidelines for future cases......
GRAF ISOLA Rechtsanwälte GmbH | Global | 17 Apr 2023
Impact of digitalisation and legal tech on IP law: part one – blockchain and smart contracts
The days when lawyers could afford to think that digitalisation was irrelevant in legal services and clients could afford to have lawyers who had no idea about technology are over. This series of articles discusses digitalisation and legal tech in the context of their use in IP law. In particular, this article covers blockchain and smart contracts, which offer a great potential for making......
