Austria

Please contact our German-office for more information about our services in Austria:

React Germany
Schenkelstr. 9a
52349 Dueren
Germany
T +49 2421 952 290
Contact: Mr Bjorn Grootswagers
germany@react.org
bgrootswagers@react.org


Austrian Customs authorities have a very efficient control system. Most of the seizures are reported from Vienna/Vienna Airport and Villach (postal hub), as this is a big hub for freight and postal consignments. Customs cases can be followed up from initial info/seizure through storage/destruction organization and/or final court decision in co operation with law firms in Austria (when needed). But the main practice is swift resolving of cases by applying the simplified procedure. Up to now is seems that in Austria police is not that active in Anti-Counterfeit. But by contacts with Interpol and some local investigations we aim to improve that step by step.

Our services in Austria

  • Amicable settlements and/or negotiation settlement following Customs actions
  • Desk research
  • Drafting and filing of criminal complaints
  • Drafting and filing of expert reports, affidavits and written witness statements
  • Filing Customs applications
  • Follow up Customs/Police cases (C&D letters, negotiations, settlement drafting)
  • Handling court proceedings (appeals and civil claims)
  • Informing Customs officers on brand details
  • Organize and assist the police and relevant authorities in market raids
  • Organize test purchases
  • Organizing the transportation, storage, destruction and, wherever possible, the recycling of counterfeit products
  • Organizing training sessions and information meetings for Police, Customs and/or Trade Inspection authorities
  • Preparing and submitting civil actions (including C&D letters)
  • Simplified procedure

Country Procedures

  • The filing of Customs applications is not mandatory but still very much advisable
  • If Customs acts ex officio (provided that there are sufficient ground to suspect an infringement), and an application for action must be filed within 4 days
  • Customs application is valid for one year
  • Deadline for response to Customs notification of detention is 10 working days (extendable once) with application for action (3 working days for perishable goods), 4 working days for ex officio actions
  • Deadline for importer to respond to seizure is 10 working days (extendable for a further 10 working days)
  • Public prosecutor is tasked with taking criminal action against infringers
  • Criminal law remedies available: imprisonment, fines, criminal forfeiture and destruction of counterfeits
  • Interim injunctions are available pending the decision in the main proceedings
  • Ex parte orders are available but quite rare
  • Damages can be rewarded in case of negligence and full or partial costs can be rewarded on ultimately prevailing in court