Dr Claudia c

Claudia c

Lawyer biography

Born

Vienna

Languages

German and English

Admitted to Practice

Austria 1996

Areas of Specialization

Cartel & Competition Law
Immigration Law
Corporate Law
Intellectual Property Law

Education

Doctor Juris: University of Vienna, 1991
Magister Juris: University of Vienna, 1988
Master of European and International Business Law: University of London Queen Mary and Westerfield College, 1991

Professional Experience

Partner at Graf & Pitkowitz since 2001
Partner at Lirk, Lirk & Csáky, Salzburg, 1996-2001
Associate with Lirk & Lirk, Salzburg, 1995-1996
Legal department of Bank für Kärnten und Steiermark AG, 1993-1995
Associate with Binder, Größwang & Partner, 1992-1993
Assistant at the University of Vienna (Institute of Labour Law), 1989-1992

Memberships

Vienna Bar Association
International Association of young lawyers (AIJA)

Publications

Entscheidung über die Nichtigkeit einer Gemeinschaftsmarke, ÖBL 2008/19
Kommentar zur Entscheidung OGH 15.12.1999, bbl 2000/56
Belehrung über den besonderen Kündigungsschutz, ecolex 1992, 191
Kommentar zur Entscheidung VwGH 30.5.1989, ZAS 1990/28
Immobilienleasing, Rechtsvergleich mit Deutschland und der Schweiz, Manz 1991


Updates

Intellectual Property

Flashlight decision illuminates compensation guidelines for unlawful use of IP rights
Austria | 22 April 2019

The Supreme Court recently had to decide whether the infringer of a registered Community design had to hand over the entire net profit or just a share of profit earned due to its use of an infringed design. The decision has great practical importance, as it gives IP rights holders clear guidelines regarding what to expect when claiming compensation for an unlawful use of their rights.

Dispenser for free newspapers – work of art?
Austria | 17 December 2018

The Supreme Court recently set out clear principles regarding the protection of a work of visual art under the Copyright Act where technical functions played a role. In its decision, the court explained that the assessment as to whether a (visual) piece of work is actually protected by copyright must be assessed by the court as a legal issue only. There is no room to consider the opinion of experts or any other third parties.

Exhaustion of trademark rights and burden of proof
Austria | 03 September 2018

The Supreme Court recently clarified the circumstances in which the burden of proof regarding the exhaustion of trademark rights shifts from the defendant to the trademark owner. It made clear that unless the defendant can prove a concrete risk of partitioning markets, it is up to the defendant to prove that the trademark rights relied on by the plaintiff are exhausted. This should be borne in mind when raising this defence.

Selective distribution systems and exhaustion of trademark rights
Austria | 04 June 2018

The Supreme Court recently affirmed once more that the exemptions to the principle of exhaustion of trademark rights must be construed narrowly. In its decision, the court made clear that once trademark rights are exhausted, resellers may use not only word marks, but also figurative marks without any limitations when advertising or reselling original products.

Marketability is key: if a work can be separated it is not a joint work
Austria | 08 January 2018

In a welcome development of Austrian copyright law, the Supreme Court recently ruled that a combination of works by two artists does not constitute a joint work if it can be separated, even if the works involved were created for the sole purpose of being combined as a jointly planned contribution. Strong indicators of whether parts of a work are separable are the individual marketability and possible depreciation of the separated parts.

Introduction of certification marks and other amendments to Trademark Law
Austria | 20 November 2017

Parliament recently transposed parts of EU Directive 2015/2436 into national law. Most important is the introduction of certification marks, which did not previously exist under Austrian law. Other provisions of the bill concern the division of trademark applications, the shortening of the validity period of a registration and the reduction of the registration fee.

Age of technology – metadata is sufficient to retain author's right of attribution
Austria | 17 July 2017

The Supreme Court recently ruled that the producer of a photograph who marks his or her name in the photograph's metadata must be credited as the producer on copies of the photograph made by other persons and intended for distribution. This judgment is good news for producers of digital photographs who wish to safeguard their copyright. Persons reproducing and distributing digital photographs should routinely check the metadata to ensure that the producer's name is listed on any reproduction.

Different panels, different opinions – different decisions
Austria | 20 February 2017

The Supreme Court recently confirmed its view that the issuance of contradicting decisions in, on the one hand, infringement proceedings and, on the other hand, opposition proceedings by different panels of the same appellate court is no reason to admit an extraordinary appeal to the Supreme Court. The decision stresses that, in principle, the appellate courts must consider the issue of likelihood of confusion, and that it will step in only if the appealing party can demonstrate gross misjudgment.

Copyright owners beware! Supreme Court judgment defines author's distribution rights anew
Austria | 19 September 2016

In light of a European Court of Justice ruling, the Supreme Court recently overturned its earlier interpretation of an author's exclusive distribution right in relation to his or her work of art. The court found that any kind of distribution – regardless of whether it is a transfer of ownership – falls under the author's exclusive distribution right. Further, it held that this distribution right is violated only if ownership in the work is actually transferred.

Intersection between trademark rights and naming rights
Austria | 13 July 2015

In a recent case a trademark comprising a famous family name was infringed through use in the course of trade by someone with the same family name. The Court of Appeal defined the limits of trademark protection when competing with naming rights and the requirements that trademark owners must meet to shield their trademarks from exploitation under the cover of exercising legitimate naming rights.

How Céline stung the Skorpion: court refuses cancellation of company name
Austria | 13 January 2014

Following the European Court of Justice decision in Céline, the Austrian Supreme Court has changed its jurisprudence on whether the owner of an earlier trademark can demand the modification or cancellation of a company name that is identical or similar to its trademark. However, some have argued that the decision is too abstract, and it remains to be seen whether the Supreme Court will stick to this position in future.

Product appearance: intersection points between trademark and competition law
Austria | 19 August 2013

In a recent decision the Supreme Court has reiterated its view that plaintiffs must prove that their products, product appearances and unregistered marks have acquired secondary meaning with the relevant public in order for them to be protected under the Act on Unfair Competition. Producers of products with distinctive product appearances should therefore consider registering them as trademarks.

Amendment of IP-related statutes will come into force shortly
Austria | 12 August 2013

The introduction of new provincial administrative courts in Austria will fundamentally change administrative provisions in several IP statutes. The main amendments concern the reorganisation of appeal procedures. Among other things, from the beginning of 2014 the Patent Office will handle only first instance proceedings and the Supreme Patent and Trademark Board will be dissolved.

Real Estate

New Condominium Act Acknowledges Ownership Investment Potential
Austria | 15 November 2002

While the new Condominium Act restructures and in many places rephrases the provisions of the prior Condominium Act of 1975, some new provisions are introduced which introduce a range of interesting opportunities, as well as some potential pitfalls.