AUSTRIA

COUNTRY : REPUBLIC OF AUSTRIA

CAPITAL : VIENNA

LANGUAGE : GERMAN

 

MEMBER : PARIS CONVENTION, WTO-TRIPS, EUROPEAN UNION COMMUNITY TRADEMARKS, MADRID AGREEMENT AND MADIRD PROTOCOL, BERNE CONVENTION, WIPO, PCT

The IP affairs in Austria are looked after by the Austrian Patent Office.

The Geographical Indications affairs in Austria are looked after by the Austrian Ministry for Health and Women’s Affairs.

  • GI is a source indicator informing consumers about a product’s origin from a certain place.
  • GI confirms certain special characteristics  inherent to the product.

  • LAW PROTECTION GEOGRAPHICAL INDICATION AUSTRIA

    • In Austria, there are no specific national laws in place for protection of Geographical and Traditional names.

      EC legislation on GI and Designations of Origin is directly applicable.

      GIs in Austria are protected by way of the following:

      1. Trademark Law
      2. Unfair Competition Law
      3. EC regulations
  • ROLE PLAYED BY GEOGRAPHICAL INDICATION AUSTRIA:

    • GIs are protected as collective marks under the Trademarks Act.

      Collective marks are to be used by members of Associations and not individually or exclusively.

  • PROTECTION ACCORDED TO GEOGRAPHICAL INDICATION IN AUSTRIA
      1. Indications of Source.
      2. Appellations of Origin.
      3. Geographical Indications.
  • KIND OF GEOGRAPHICAL INDICATION NOT PROTECTABLE AUSTRIA

    • Geographical Indications are not protectable if:

      • They are immoral or against public order;
      • GIs likely to mislead the public with respect to the place of origin of the goods;
      • Trademarks containing or consisting of GIs likely to cause confusion as to the quality of the goods not originating from the territory indicated;
      • They are confusingly similar to a trade mark for which rights had been acquired before the GI is protected in its country of origin;
      • GIs that indicate the place of origin of use of the wines & spirits originating in a region other than the place of origin
  • REQUISITES TO BE GEOGRAPHICAL INDICATION AUSTRIA
  • WHO CAN FILE GEOGRAPHICAL INDICATION AUSTRIA
  • EXAMINATION OF GEOGRAPHICAL INDICATION AUSTRIA

    • Once an application for registration is received it is examined and indexed.

  • PUBLICATION & REGISTRATION OF GEOGRAPHICAL INDICATION AUSTRIA

    • If the application meets all the specifications, is complete and acceptable, it is published.

      Interested parties have 4 months post filing of the application to object, oppose or ask for cancellation of the GI.

      Applications complying with all formal requirements are approved by the National Committee.

      If there is no opposition within 4 months of filing of the application, or the opposition is unsuccessful, the applicant’s GI is registered.

  • USAGE OF GEOGRAPHICAL INDICATION AUSTRIA
  • Cost of Registration of Trademarks
Geographical News