Legal Proceedings

A patent attorney may speak at the side of an attorney at law in all civil and criminal proceedings relating to intellectual property rights (e.g. actions for injunction and damages, actions for declaratory statements, actions for consent to cancellation of property rights, etc.).

The Vienna Commercial Court or the Vienna Provincial Criminal Court, respectively, are the courts of first instance for all industrial property matters (patents, utility models, designs, semiconductor topographies, plant varieties).

The next instances are the Vienna Upper Provincial Court and the Supreme Court.

Prior or parallel to court proceedings an out-of-court settlement of the conflict is attempted in many cases.

Such activities as well as the participation in arbitration proceedings fall under a patent attorney's sphere of activities.

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