Intellectual Property
SASKIA LEOPOLD
Intellectual Property Expert
s.leopold@attys.law
Intellectual property protects your creations and ideas and lets you exploit them commercially. We support you on your path from turning an idea into a protectable IP right all the way to managing your IP rights portfolio. We are also happy to work with you in order to stir up the market and strengthen fair competition by helping you to identify misleading advertising, counterfeit products, or targeted customer/employee poaching. And don’t forget to protect your trade secrets!
Unfair Competition
Unfair competition law serves to protect fair competition and prevent unfair business practices. We have many years of experience in all aspects of unfair competition law, ranging from misleading advertising to the imitation of competitors’ products and from the disparagement of competitors to the enticement of customers or employees, to name just a few striking examples of this diverse field of law.
Our range of services in unfair competition law includes the litigious and out-of-court enforcement of your claims against competitors (or defense against such claims) and we help you to avoid becoming the target of injunctive relief claims by your competitors or interest groups such as the VKI (an association for consumer information) by examining your business practices before they go live.
We are therefore happy to check your advertising campaigns for misleading content (e.g., claiming a leading position or using Green Claims on your product packaging).
For trade secret protection, see Know-How Protection.
Know-How Protection
A company’s secret know-how (e.g., technical plans and drawings, recipes, processes for manufacturing products or customer and price lists, artificial intelligence models) is usually its most valuable asset.
Nevertheless, many companies fail to implement the legally required measures to protect their know-how internally. In the worst case, this leads to competitors (or their own employees) being allowed to exploit this know-how without consequences.
We support in implementing effective know-how protection concept in your company. Should it nevertheless become necessary, we will help you to enforce (or defend) your claims against competitors or (disloyal) employees and cooperation partners in court.
Media Law
Media law covers a wide range of legal topics, including freedom of expression, freedom of the press, data protection, copyright, libel, moral rights, regulation of broadcasting content, liability for online content, advertising and media concentration.
As media law is closely linked to technological developments and social changes, it is subject to constant adaptation and further development.
Media owners, including social media users, can be liable for libel, copyright infringements, and violations of moral rights caused by editors or users. In addition, media makers must comply with numerous regulatory provisions, including youth protection, advertising bans and the labeling of advertising blocks. The content of the general terms and conditions may also be stipulated by the Telecommunication Act (TKG 2021). We are happy to provide experienced support in all of these matters.
Media Transparency
The Media Cooperation-and-Funding-Transparency-Act (MedKF-TG) obliges legal entities which are subject to the control of the Austrian Court of Audit to disclose media cooperation and funding. The aim of this act is to ensure complete transparency in the awarding of advertising contracts and funding from public entities.
We are happy to assist you with the question of whether or not your advertising measures lead to an obligation to report and other issues relating to media transparency.
Moral Rights
Moral rights are fundamental rights that every person is entitled to and that protect their personality and privacy. They encompass a variety of aspects, such as the right to one’s own image, the right to informational self-determination, and the right to the protection of personal honor. These legal interests are protected by the Austrian Civil Code, Copyright Act, Media Act, and Criminal Code.
The Digital Services Act (DSA) has implemented further improvements related to the fight against “hate speech.” The legal process for deleting “hate speech” has been simplified, particularly in cases where the platform is not based in Austria. n addition, a legal basis was created for non-material damages in the event of defamation within an electronic network for communication, which represents a further milestone in the fight against hate speech.
Art Law
Art law is a classical cross-sectional matter that may include legal issues relating to copyright law (e.g., questions in connection with the exploitation of pre-existing works, resale rights, exhibitions), general civil law (e.g., loan and purchase agreements, handling transport damage, buying/selling forgeries), estate and foundation law, association law, or employment law.
Thanks to our in-depth industry experience, we can offer practical advice for all your artistic endeavors. Our clients particularly value our advice in this area, whether they are collectors, art dealers, auction houses, foundations, heirs/testators, artists, or exhibition venues.
Copyright Law
Copyright law is of great economic importance for creative professionals and companies that license copyrighted works, such as photo databases and publishing houses. We support you in drafting license agreements, advise you on the use of music, films, and texts in digital media, and help you enforce your copyrights. The Internet and AI in particular are giving rise to new questions regarding the exploitation of third-party works. Copyright law is constantly evolving and becoming more complex. We help you to maintain an overview, protect your rights, and make your projects possible!
Trademark Law
Companies of all sizes are recommended to have a well-developed brand strategy tailored specifically for their enterprise. The aim is to protect the product portfolio and the company account. If you are thinking about registering trademark rights, we are prepared to ask you the right questions in order to develop your trademark strategy.
We are happy to support you in enforcing and defending your trademark rights, such as if third parties use or imitate your trademark in an unauthorized manner. Our aim is to protect your trademark rights effectively and ensure that the integrity and value of your brand are maintained. We also advise you on preventive measures in order to avoid future infringements and strengthen your brand on the long term.
AI, IT Expertise, and Digital Projects
As millennial lawyers, we are familiar with the Internet and all of its possibilities. We therefore use numerous tools in our law firm to make our work more efficient. Thanks to our own experience and many years of supporting our clients’ IT projects, we can rely on a broad range of knowledge when it comes to answering your questions in connection with IT projects. No matter whether it data protection, IT contract law, cybersecurity, or legally compliant e-commerce and the use of online platforms is involved, we are well equipped.
The Digital Services Act (DSA) has been directly applicable since the of February 17, 2024, and brings with it far-reaching changes that affect operators of online platforms, social media services, and other digital service providers. We can help you navigate through this new legal framework and ensure that your digital business models comply with the new legal requirements. This includes advising you on the implementation of necessary compliance measures, drafting and reviewing terms of use and privacy policies, and representing you in legal disputes.
Advertising Law
Advertising law is a “cross-sectional matter” and covers a variety of legal areas that advertisers encounter in their daily practice, from copyright law to unfair competition law and media law:
- In the area of copyright law, it is important for all creative elements in advertising campaigns—such as images, texts, music or videos—to be licensed.
- Competition law, in particular the law of unfair competition, plays a central role in advertising law and aims to ensure that advertising is not misleading or deceptive. Advertising must not contain false information, conceal relevant information, or distort competition through unfair comparative advertising. Companies must ensure that their advertising measures are transparent, truthful, and fair.
- Media law regulations ensure that advertising is clearly identified as such, which is particularly important in the digital age and when using social media.
- There are also numerous advertising bans and restrictions for certain products and services, such as alcohol, tobacco, and gambling. Advertising measures in these areas are subject to strict legal requirements and controls.
Patent Law / Utility Model Law
Patent law and utility model law are essential for protecting technical innovations. Patents and utility models secure the exclusive rights to new inventions and prevent their unauthorized use. ATTYS offers comprehensive support in taking action against infringements, and we also have in-depth knowledge in helping companies to protect their employees’ inventions by drafting secure contracts.
Design Law
Design law protects the aesthetic design of products and thus creates a valuable competitive advantage. It covers the legal protection of designs and models that have an unmistakable appearance. In the area of design law, we take care of the protection of your creative works and are happy to advise you on defending your rights against imitators.
Data Protection Law
Data protection is more important now than ever. It ensures that the collection, processing, and use of data complies with the law and that a person’s privacy is protected.
Data is also considered to be a key resource for AI (artificial intelligence). Together with the Data Act, the Data Governance Act forms the legislative basis for the exchange of data within Europe in order to improve the development of AI applications. They create better competitive conditions in the data economy by balancing the conflict between data minimization under the GDPR and the goal of accessibility by design. By analyzing large amounts of data (data mining) and generating knowledge from empirical values (machine learning), algorithm-based systems make autonomous decision-making possible.
We support you in the creation of data protection concepts and the training of your employees. We also represent you in data protection disputes and help you deal with data breaches. Rely on our expertise to manage your data securely and in compliance with the law.
Cosmetics Law
Cosmetics law covers the legal framework for the production, labeling, and marketing of cosmetic products. It ensures that products are safe and pose no health risks to consumers and that the trade and advertising of cosmetic products comply with the rules of fair play.
In the area of cosmetics law, we advise manufacturers and retailers and support them by helping them comply with the EU Cosmetics Regulation, preparing safety reports, and labeling their products in accordance with the law. Our services also include advice on advertising claims and the defense of your rights. With our expertise in cosmetics law, we ensure that your products comply with legal requirements and that you advertise them in a legally compliant manner.
Food Law
Food law regulates the safety, labeling, and advertising of food in order to protect consumer health and fair competition. It consists of a large number of regulations ranging from production to marketing.
Our law firm offers comprehensive advice on food law. We support you to make sure you comply with legal regulations, product labeling, and the preparation of reports related to the marketability of products. We also advise you on advertising issues and food hygiene requirements. With our help, you can rest assured that your products will comply with legal requirements so that you can concentrate on your core business.
Copyright © 2024 ATTYS 05 Rechtsanwälte GmbH