CHECKLIST OF ISSUES ON ENFORCEMENT^[1]

Responses from Austria

Introduction

Update of Austria's list of responses regarding enforcement issues as of 11-2022.

Civil and Administrative Procedures and Remedies

        (a)   Civil judicial procedures and remedies

1.    Specify the courts which have jurisdiction over IPR infringement cases.

a.   Industrial property

At the first instance and irrespective of the amount in dispute, the Commercial Court (Handelsgericht) of Vienna has compulsory and exclusive nation-wide jurisdiction over cases regarding infringement of industrial property rights, including interim injunctions in connection with such cases (§ 53 JN). In this context, 'industrial property' includes patents, utility models, supplementary protection certificates, designs, union designs, trademarks, union trademarks, topographies of semiconductor products, and plant variety rights. The competent court at the second instance is the Higher Regional Court (Oberlandesgericht) of Vienna. Appeals against its decisions can be brought before the Austrian Supreme Civil and Criminal Court (Oberster Gerichtshof – § 4 JN).

b.   Copyright

At the first instance and irrespective of the amount in dispute, the various Commercial Courts have jurisdiction over copyright infringement cases (§ 51(2) No. 10 JN). As only Vienna has a separate and specialized Commercial Court, the various Regional Courts (Landesgerichte) have jurisdiction over the other provinces of Austria in their capacity as Commercial Courts (§ 51(3) JN). The competent court at the second instance is the Higher Regional Court having territorial jurisdiction. Appeals against its decisions can be brought before the Austrian Supreme Civil and Criminal Court (§ 4 JN).