INFORMATION FROM THE CONTRACTING / EXTENSION STATES
AT Austria
Decision of the Oberster Gerichtshof (Supreme Court) dated 12 February 1991
(4 Ob 173/90)*
Headword: Duschtrennwand (Shower partition)
Sections 33, 43, 147(1) Patent Law
Article: 64 EPC
Keyword: "Assignment of a European patent" - "Infringement proceedings initiated by assignee not yet entered in the Patent Register"
Headnote*
1. The assignment of a European patent is subject exclusively to national law.
2. Even before he has been entered in the Patent Register, the assignee of a European patent enjoys a right of action as the injured party within the meaning of Section 147 Patent Law.
AT 1/93
* Translation The full text of the original is reported in ÖBl. 1991, 153. The (unofficial) headnote is taken from GRUR Int.1992, 131.