|Type of property and law
|International Agreements Signed
Patent Law (Federal Law No. 259/1970), last amended in 2001.
|20 years (maximum).
Patent Cooperation Treaty (PCT)
Trademark Protection Law (Federal Law No. 260/1970), last amended by in 1999.
|10 years (extendible).
Trademark Law Treaty
Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Semiconductor Protection Right Law 1988 (Federal Law No. 372/88 on the Protection of Topographies of Microelectronic Semiconductor Products), last amended in 1996.
|10 years (maximum)
Federal Act on Copyright in Works of Literature and Act on Related Rights, April 1936, last amendment in 1998.
|Generally 70 years after the death of the author of the work.
Berne convention For the Protection of Literary and Artistic Works
Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms
Rome ConventionFor the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
WIPO Copyright Treaty
WIPO Performances and Phonograms Treaty
Designs Law (Federal Law No. 497/1990, June 1990), last amended in 1992.
|5 years ( extendible up to 25 years after every 5 years).
|Public Law (Constitutional law)
|This law has the highest status in the Austrian legal hierarchy. It mainly consists of the fundamental principles mentioned in the Austrian Constitution. However, after Austria's entry into the EU on January 1 1995, the national constitution required a complete alteration. Austrian constitutional law was thus joined with EU law as the most fundamental source of law (Dual-constitution). As a result the EU law takes precedence over domestic Austrian law and the national constitution, but is subordinate to the fundamental principles of the constitution.
|The fundamental principles of the Austrian Private Law originate from the Roman law. The law is divided into general private law applicable to all persons, and specialized forms of civil law, which is applicable only to certain categories such as commercial law for businessmen or employment law for employers and employees. The major part of what is considered general private law is regulated in a comprehensive private law code called the Allgemeine Buergerliche Gesetzbuch (ABGB).
|It is a branch of public law that defines criminal acts and sets out the respective criminal penalties. It is regulated by the Austrian Criminal Law (StGB). The law must, however, comply with the provisions of the constitutional laws which allocate the criminal justice to the courts.
|There are 140 district courts in the country which act as courts of first instance.
|Regional or Land Courts
|There are 20 regional or Land Courts in Austria which act as courts of first instance in more important cases and as appeal courts vis-à-vis the district courts.
|Courts of Appeals
|There are four courts of appeals which act as courts of second instance and as appeal courts vis-à-vis the regional courts.
|There is only one supreme court which acts as court of third instance. It is the highest court of appeal for all civil and criminal matters.
For being appointed as a registrar, the relevant person must work in the court office for at least two years and must pass the court office examination intended for court office employees and as the specialist service examination.
In case the parties fail to agree on the number of arbitrators three arbitrators will be appointed. The defendant and plaintiff parties each nominate one arbitrator, and the chairman is selected by these two arbitrators.
Arbitral awards are enforceable just like other court judgments. Only in certain special cases is an arbitral award subject to attack in courts of law.
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Latest Update: February 2024