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Archive for September 7th, 2014

REVERSAL OF THE BURDEN OF PROOF FOR NEW PRODUCTS ONLY §155 PATG (OGH 17.07.2014, 4 OB 101/14B)

Sunday, September 7th, 2014

According to §155 PatG every product of the same nature qualifies as compounded after the patent procedure until it is proved otherwise. The reversal of the burden of proof is not applicable if it’s about an older product. An entrepreneur has to reveal his manufacturing method only if his product is new and there is a certain possibility that he uses a patented procedure.

STUDY ABOUT THE EFFECTS ON HEALTH REGARDING SWISS PINE – USUFRUCTUARY RIGHT (OGH 23.04.2014, 4 OB 69/14X)

Sunday, September 7th, 2014

If a product is manufactured on behalf of somebody else it shall be used for the original purpose. Therefore if an association of forest owners compile a study about the positive effects of Swiss pine on health at a research association they own the full usufructuary right on the study. Especially advertisement for the study is included in this right.