A detailed discussion of these new provisions must be considered for Austrian companies with economic links to the United Kingdom.

During April 2010, the Bribery Act 2010 was enacted in the United Kingdom. It is far-reaching and stricter than the Austrian Anti-Corruption Act, which makes various acts of bribery punishable by law, making it possible to sue individuals and lengal entities who contravene the provisions. It should be noted that the provisions also apply to foreign corporate bodies with an economic link to the United Kingdom regardless of the country in which the act of corruption has been committed. The business / commercial transaction, constituting bribery, does not need to have been committed within to the United Kingdom as the economic link is already established if the company or individual operates a permanent establishment in the United Kingdom or if it frequently makes purchases within the United Kingdom. However, final clarification of this term by the case law is absent.

An Austrian company will fall foul of this Act if it purchases goods from the United Kingdom, which are then processed by a foreign subsidiary who attempts to sell the goods abroad (even without involving the parent company) by bribing a foreign public official. By comparison, in Austrian law, a foreign company can according to the Association Responsibility Law only be held responsible if the criminal act (active or passive bribery) took place in Austria.

A corresponding liability will be attributable to the (Austrian) company if it fails to demonstrate that it has implemented adequate procedures for preventing corruption as prescribed by British Attorney-General. In order to exclude liability it will be necessary to establish appropriate compliance rules.

1. On 18 November 2009, the Austrian Parliament adopted an amendment to Trademark Protection Act 1970 (MSchG), introducing opposition proceedings. Sections 29a to 29c MSchG, which constitute the core provisions of this new relative registration obstacle, will enter into force on 1 July 2010.

1. Within 3 months from publication in the Austrian trade mark bulletin (Markenanzeiger), the owner of any prior registered and used trade mark may oppose the registration. It is to be noted in this context is that only owners of earlier marks or trade marks applications may file an opposition according to Sec. 29a(1) MSchG, but not owners of other rights (such as, e.g., company names, personal names, designs etc.). In case of an international registration extended to Austria, the deadline starts on the first day of that month which follows the publication by WIPO.

1. The filing of an opposition will trigger a fee of EUR 150 (Sec. 23 Patent Office Fees Act). The opposition has to be received by the Patent Office – contrary to most other procedural deadlines in Austria – not later than on the last day of the deadline.

1. No restitutio in integrum shall be admissible against the failure to observe the deadline for filing the opposition and for paying the opposition fee. The cause may lay in the fact that even after expiration of an opposition’s deadline, a request for declaration of invalidity may be filed.

1. The owner of the opposed trade mark may file his observations within an adequate and extendable time period set by the opposition division. He may also allege the failure to genuinely use the opposing trade mark, if it is older than 5 years. In this case, the opposition proceedings shall be suspended until the decision on the revocation action against the opposing trade mark will become final and unappealable.

1. The procedures of the opposition proceedings are almost identical with those of the cancellation proceedings. By order of the Office or upon the request of one party, an oral hearing may be scheduled. After collection of evidence, that member of the relevant division (that is the national legal division or the international legal division) who handles the case shall render his decision. Each party shall bear its own costs of the opposition proceedings.

1. Against the decision in the opposition proceedings, an appeal lies to the Board of Appeal. The decision of the Board of Appeal may be contested before the Supreme Patent and Trade Mark Board.

1. An amendment to the Law on Patent Office fees will bring the following changes:

1. In the past, the amount of fees was determined as of the date of payment. In the future, the due date shall be decisive. Earlier payment therefore does not reduce the fees. This does not only apply to trademarks but to all other industrial property rights as well.

The following fees were changed:

1. Please notice that the registration fee for trademarks has been abolished, so that it becomes cheaper to register a trademark. There are hardly any savings since the application fee has been raised.

Dr. Paul Fischer

• Practice Areas: Corporate; Tax; Intellectual Property; Competition; National, International and Community Trade Marks; Litigation; Life Sciences.
• Education: University of Vienna (Dr. iur., 2008); Friedrich-Schiller-University of Jena (LL.M.oec., 2008); Diplomatic Academy of Vienna (Diploma, 2006). Co-Author of “Muslims in the Secular State: Research in Germany and Austria” (on the Effects of the War on Terror on Muslims’ Human Rights); Author of On Magicians and their Secrets, ipCompetence Vol. 5, 2011.
• Languages: German, English, French and Spanish.
• Born: Vienna,  Austria, 1981.

• Practice Areas: Trade Marks, Designs, Patents; Competition; Labour Law; Medical and Public Health Law; Arbitration; Immigration Law.
• Education: University of Vienna (Mag. iur., 2003; Mag. phil., 2004; Dr. iur., 2010); University Alcalá de Henares, Madrid (2002, Erasmus Scholarship);  Additional diplomas in Cultural Law (University of Vienna, 2003), Medical Law (University of Vienna, 2004), Law of International Relations (University of Vienna, 2005).
• Languages: German, English, French and Spanish.
• Born: Bregenz, Austria, 1979.
• Publications: The Legal Protection of Traditional Knowledge in the Pharmaceutical Field. An Intercultural Problem on the International Agenda (Waxmann, 2011, ISBN: 978-3-8309-2603-0).

• Practice Areas: Copyright, Trademark, Patent and Design Law, Competition Law, Corporate and Commercial Law, Law on Associations, Product Liability Law, Civil Law and Civil Procedure Law.
• Admitted: 2011, Austria.
• Education: University of Innsbruck (Mag. iur., 2003); University of Pennsylvania (2005).
• Languages: German and English
• Born: Hall in Tirol, Austria, 1977.

• Practice Areas:Commercial and Civil Law and Litigation; Competition and Antitrust Law; Administrative Law; Labour Law, National, International and Community Trademark Law and Litigation, Mediation.
• Admitted: 2003, Austria.
• Education: University of Vienna (Mag. iur., 1996); Université catholique de Louvain-la-Neuve (Erasmus Scholarship), Belgium (1994); Vrije Universiteit Brussels (LL.M. 1998, Master of International and Comparative Law).
• Member: Vienna Bar, Anwaltliche Vereinigung für Mediation AVM.
• Languages: German, English and French.
• Born: Salzburg, Austria, 1971.

• Tätigkeitsbereiche: Handelsrecht und Zivilrecht; Wettbewerbsrecht, Kartellrecht; Arbeitsrecht, Verwaltungsrecht; Nationales, Internationales und Gemeinschaftsmarkenrecht; Prozessführung.
• Rechtsanwältin: seit 2003 in Österreich
• Ausbildung: Universität Wien (Mag. iur., 1996); Université catholique de Louvain-la-Neuve (Erasmus Stipendium), Belgien (1994); Vrije Universiteit Brussels (LL.M., Master of International and Comparative Law ,1998).
• Mitglied: Rechtsanwaltskammer Wien, Anwaltliche Vereinigung für Mediation AVM
• Sprachen: Deutsch, Englisch und Französisch.
• Geboren: in Salzburg, Österreich, 24. Oktober 1971.

• Practice Areas: Corporate; Antitrust; Intellectual Property; Competition; Banking; Mergers and Acquisitions; Arbitration, Aviation Law.
• Admitted: 1999, Austria.
• Education: Karl-Franzens-University, Graz (Dr. iur., 1993), Golden Gate University, San Francisco (1991-1992; studies and research for doctoral thesis: The Banking Secrecy and Criminal Law – a Comparative Study of the Legal Situation in Austria and the United States of America); New York University (LL.M. 1995 in Trade Regulations; Fulbright Scholarship). Publications: Co-Author of “Mergers and Acquisitions” by Eleanor M. Fox; (on Austrian Competition Law and Antitrust Regulations).
• Member: Vienna Bar; International Bar Association (IBA), INTA.
• Languages: German, English and French.
• Born: Graz, Austria, January 30, 1966.