Exhaustion of trade mark rights

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The Austrian Supreme Court of Justice has aligned its case law on exhaustion of trademark rights with the case law of the European Court of Justice. In disputes over parallel imports, the burden of proof now lies increasingly with trademark owners who claim that the trademark rights have not been exhausted.

Read the article by Claudia Csáky here or on the Lexology website.

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GRAF ISOLA Rechtsanwälte GmbH
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Author

Claudia Csáky
LL.M. (LONDON) | Dr.iur. (University of Vienna) | Partner
T:+43 1 401 17 - 0