Newsletters and Bulletins / May 2002 / Austria |
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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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June 2002
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