Trademark rights shipped to Malta

In their glossary, Marco Thorbauer and Tobias Hayden explain a decision by the VwGH on a company that transfers property associated with trademark rights to a company based in Malta, pays profit-reducing license fees there and up to the VwGH on the impact of these payments on the tax base applicable in Austria litigated.

Related briefings

NFTs and branding – does trademark protection need to be considered?

Whenever new technology is developed it should be protected as (utility) patent – or kept secret (trade secrets). The new products and/or services resulting from the new invention will usually be commercialised under a specific name – a brand that can be protected as a trademark. Additionally the question arises as to whether there is already a generic name for such product/service or whether the invention created a completely new thing that is not yet reflected in the Nice Classification, the international classification of goods and services used by most IP offices for the registration of trademarks. Therefore, we considered whether the (virtual) goods and services offered in connection with NFTs can already be found in the Nice Classification for trademark applications.

Austria: New guidelines for state aid for climate, environment and energy

As part of the Green Deal of the European Commission, the eagerly awaited draft of the guidelines for state aid for climate, environmental protection and energy 2022 was published for consultation on June 7, 2021 . The 2022 guidelines succeed the guidelines for state aid for environmental protection and energy 2012-2020. The deadline for submitting comments is August 2nd, 2021.

Blockchain and (un)real estate

Blockchain technology has – so far – not lead to a transfer of the world’s land registers onto this technology or to a “tokenization” of title (documents). The only significant exception in this respect is Georgia, where a purchaser’s title to real property can be registered by execution of a smart contract.

Latest Briefings

Ontario launches consultation on improving tower crane health and safety requirements

On 14 July 2021, the Ministry of Labour, Training and Skills Development launched a public consultation on Improving Health and Safety Requirements relating to Tower Cranes. The consultation process is aimed at updating and clarifying existing legislative requirements for the operation of tower cranes in the province.

Mental capacity and divorce

The question sometimes arises in a divorce as to whether one or both parties have mental capacity to litigate. If a party lacks that mental capacity, they will need someone to make decisions for them during the divorce process. This person is called a ‘litigation friend’.

Contributed surplus: it’s not capital!

In our previous paper, we discussed the meaning of share premium, the various ways a company may use share premium and its importance when determining the assessable capital of a company. In this paper we discuss contributed surplus, another frequently misunderstood concept which is distinct from and is not to be confused with share premium.

The Lugano clock has stalled: what now for dispute resolution clauses?

Since 1 January 2021, Regulation (EU) 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Recast) and the 2007 Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Lugano Convention) no longer apply to the UK. There is no mechanism allowing the UK to accede to Brussels Recast in its own right. Under the Lugano Convention, however, the UK is entitled to apply for accession following certain conditions specified in Article 72. Although the UK applied for accession in April 2020, it has not yet been ‘invited’ to accede. The European Commission, however, recently notified the Swiss Federal Council (as Depositary of the Lugano Convention) that, representing the EU, it does not consent to the UK’s accession. Whether this is the final decision from the EU, or whether the European Council will vote on the issue, remains to be seen. In the absence of unanimous consent of all contracting parties coupled with the enforcement gap of several months even if accession to the Lugano Convention is permitted, Irish (or indeed EU or EFTA) contracting parties with UK entities should continue to give careful consideration to their dispute resolutions clauses.

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The five biggest moves at the Bar in February

After a quiet January, chambers have accelerated their recruitment drives for 2021. Last month, several barristers moved chambers, including a shift away from private practice to the Bar for one barrister. Here are the five biggest moves in February: Daniel Kalderimis (Call: 1999 New Zealand), Twenty Essex In February, Twenty Essex hired Andrew Ayres QC […]

Ashurst

Ashurst agrees to sublet as firms cut space

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My Pride Story: Stop assuming and start asking the right questions

“Where’s mummy today?” is a question I’m asked all too often, in restaurants, the park and the nursery line when with my two-year-old. Before I used to laugh it off or even let it slide, but now I’m confident in putting people right: with a smile I politely say “my daughter has two dads”. And […]

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