The publication of a design in each case takes place on the 20th of the month. As of this date protection of the design is in force. Registration is published in the Austrian Design Gazette, entered in the register and a sample certificate issued.
Registration does not automatically guarantee that design protection exists until the very end of its period of validity. If third parties are able to prove that registration should not have occurred they are entitled to apply for the annulment of the design (§ 30 MuSchG). It is possible to appeal against the rulings of the Austrian Patent Office. The Higher Regional Court of Vienna (Oberlandesgericht Wien) (§ MuSchG) and subsequently the Supreme Court (Oberster Gerichtshof) (§ 43b MuSchG) deal with such appeals.
Infringement of your design entitles you to sue for an injunction, removal, publication of the judgement, reasonable compensation, damages, disgorgement of profit, rendering of accounts as well as disclosure of origin of source and channels of commerce (§ 34 MuSchG).
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