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Austria – New Anti-Piracy Act

A new law on anti-piracy in Austria, the Anti-Piracy Act, became effective on July 7, 2001. The Act provides for the expeditious destruction by customs authorities of counterfeit goods. Based on European Union Council Regulation 3295/94 of 1994 (as amended), noted in our Information Letter N.S. 182 and our April 1995 Newsletter (N.S. 185), the Act enables intellectual property owners to avoid the need for expensive and time-consuming court proceedings.

The Act provides that, upon the seizure of counterfeit goods, Customs authorities promptly notify the owner and/or distributor of the seized goods and the owner of the infringed intellectual property rights. If no objection is made against the seizure, the counterfeit goods will be destroyed, with the owner of the IP rights bearing the minimal costs of the customs proceedings and destruction of the goods. If an objection is made by the owner of the seized goods, the owner of the IP rights has five days to commence a criminal court proceeding. Fines may also be levied in connection with such counterfeit goods.

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