Intersection between trademark rights and naming rights
In a recent case a high-profile trademark consisting of a famous family name was infringed through use in the course of trade by someone with the same family name. The…
Non-compete clauses – Supreme Court changes longstanding position
For decades it was settled case law that compensating (or promising to compensate) a new hire for contractual penalties owed by the employee to his or her former competitor employer…
Do share sales trigger works council’s information and consultation rights?
In line with the EU Transfer of Undertakings Directive, share sales do not trigger the works council´s information or consultation rights. However, the provisions transposing the EU directive into Austrian…
Liability of de facto managing director for delay in filing for insolvency
If an insolvency petition is filed too late and creditors incur damage because of it, the responsible managing director may be held liable. However, in practice, companies are often actually…
Let’s rock during sick leave
In a recent decision the Supreme Court had to consider whether activities performed during an employee´s sick leave that would not typically be regarded as adequate conduct were acceptable. The…
Aktuelle Entwicklungen im Bankeninsolvenzrecht – BRRD
Nunner-Krautgasser/Kapp/Clavora (Hrsg), Jahrbuch Insolvenz- und Sanierungsrecht (2014)
Privileged status of LLCs upon formation applies to insolvency
In order to facilitate the formation of LLCs, the Tax Amendment Act 2014 introduced a formation privilege in the Limited Liability Companies Act, which reduces shareholders´ risk capital from €35,000…
Program logic in the field of intellectual property: protectability under Austrian law
The Supreme Patent and TradeMark Board (SPTB) clarified the status of program logic-a category of invention under s 1(2) of the Utility Model Act-under Austrian law by ruling that it…
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