The Supreme Court held that if someone exports goods from Germany and it is not proven that the same person imported them into Austria, there is no infringement of patent rights in Austria, even when the goods are assigned to be imported into Austria. In this particular case the Court of first instance carried out independent fact finding. Pursuant to § 148 of the Austrian Patent Act the infringer is obliged to correct his acts that infringe the law. Such correction may be ordered only to the extent that such correction is within the power of the infringer.
Click here for the full text of this case.
A full summary of this case has been published on Kluwer IP Law.
To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.
Kluwer IP Law
The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?
Learn how Kluwer IP Law can support you.