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AUSTRIA

Since August 1970, last amended in April 2022

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Patent Act 1970 (Federal Law Gazette 1970/259) (Patentgesetz 1970, BGBl. 1970/259)
According to Art. 43 of the Patent Act 1970, applications for patents are subject to formal and substantive examination by the Patent Office. Moreover, according to Art. 21, anyone who has neither domicile nor branch office in Austria can only assert rights under this Federal Act before the Patent Office if they are represented by a party representative listed in Section 77 (Only lawyers, patent attorneys, and notaries, as well as the financial procuratorate, are authorised to represent parties professionally before the Patent Office.). If the place of residence or branch is in the EEA or in the Swiss Confederation, however, the appointment of an authorised recipient resident in Switzerland is sufficient for the assertion of rights under this federal act. The requirement of the main residence in Austria does not apply to citizens of EEA contracting states if service is ensured by international treaties with the contracting state of the domicile of the authorised recipient or in another way.
Coverage Horizontal

AUSTRIA

Since April 1979

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Austria is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

AUSTRIA

Since May 2001
Since April 1936, as amended in December 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Directive 2001/29/EC

Austrian Copyright Law (Urheberrechtsgesetz)
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom. In Austria, the Copyright Law provides for exceptions or limitations to the reproduction right provided in some listed cases, in line with Directive 2001/29/EC. Exemptions provided in Art. 41 to 56 Austrian Copyright Law are, mainly, the following:
- Temporary reproduction;
- Reproduction for personal and private use;
- Reproduction for reporting of current events.
- Reproduction in favour of disabled people.
- Use of works as insignificant accessories.
- Quotation.
- Use of protected work for educational and scientific purposes.
- Fair, free use of works of literature, music, and fine Arts.
- Non-commercial use of picture or sound carriers and broadcasts in certain businesses.
- Use of image or sound carriers to certain federal agencies.
- Reproduction and use of protected works by libraries and museums.
- Public reproduction in accommodation establishments.
Coverage Horizontal

AUSTRIA

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The European Union and Austria have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal

AUSTRIA

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
The European Union and Austria have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal

AUSTRIA

Since June 2016
Since November 1984, as amended in December 2018

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)

Federal Law Against Unfair Competition of 1984 (as amended up to Federal Law published in the Federal Law Gazette I No. 109/2018 (BGBI. I No. 109/2018)) (Bundesgesetz gegen den unlauteren Wettbewerb 1984 (UWG) (zuletzt geändert durch das Bundesgesetz BGB1. Nr. 109/2018))
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. In Austria, the Directive has been transposed by the Federal Act against Unfair Competition (UWG) amendment of 2018, amending the Federal Act Against Unfair Competition 1984, the Code of Civil Procedure, and the Consumer Authorities Cooperation Act. However, it is reported that companies identify several challenges in effectively combating trade secret theft and misappropriation. These challenges include gaps in criminal liability, insufficient specialisation among judges, low criminal penalties, and procedural obstacles.
Coverage Horizontal

AUSTRIA

Since August 2003, last amended in September 2021
Since May 2014

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Telecommunications Act 2003 (TKG 2003) (Telekommunikationsgesetz 2003 –
TKG 2003)

Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
Passive sharing is mandated and is effective in both the mobile and fixed sectors. Access to passive infrastructure is possible based on the Telecommunications Act 2003. According to Art 8 of the Act, owners or other authorised users of an antenna mast or a high-voltage mast must permit providers of a public communications network, fire brigades, rescue services as well as police authorities the joint use if this is economically reasonable and technically feasible, in particular in terms of frequencies. The owner or other authorised user shall perform technical modifications required for this purpose or have them performed if the modifications are slight and the person seeking joint use pays the costs. The right of joint use shall also include joint use of the infrastructure necessary for operation. The owner or other authorised user must not use his power to dispose of the system to the disadvantage of the joint user. On the other hand, infrastructure sharing is practised in Austria in the mobile sector only in terms of site sharing and national roaming.
In addition, Art. 3.2 of the Directive 2014/61/EU establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector
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[{"post_id":"97448"},{"post_id":"97449"},{"post_id":"97450"}]
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ITA: [{"meta_value":"EU"}]

AUSTRIA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.84%
Coverage rate of zero-tariffs on ICT goods (%)
79.61%
Coverage: ICT goods

AUSTRIA

Reported in 2023, last reported in 2024

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Ban on TikTok
In May 2023, Austria prohibited the installation and private use of TikTok on work devices issued to federal employees, following recommendations from the country's intelligence services and ministry experts. The decision was part of a broader trend among European governments to address cybersecurity concerns associated with the Chinese-owned app. In response, TikTok expressed disappointment, stating that the ban was implemented without citing specific security concerns or consulting the company.
Coverage TikTok

AUSTRIA

Since March 2004, last amended in February 2014
Since February 2016, last amended 2018
Since July 2018

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)

BKA: Federal Act amending the Federal Procurement Act 2006 and the Federal Procurement Act 2012 (BKA: Bundesgesetz, mit dem das Bundesvergabegesetz 2006 und das Bundesvergabegesetz Verteidigung und Sicherheit 2012 geändert werden)

Procurement Law Reform Act 2018 (Vergaberechtsreform Gesetz 2018)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Austria, the Directive has been transposed by the BKA: Federal Act amending the Federal Public Procurement Act 2006 and the Federal Public Procurement Act 2012, as well as by the Public Procurement Act Reform Act 2018.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment

AUSTRIA

Since 1986, last amended in 2021

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Federal Act on Austrian Broadcasting (Bundesgesetz über den Österreichischen Rundfunk (ORF-Gesetz, ORF-G))
There are limits to the proportion of shares that can be acquired by foreign investors in publicly-controlled firms. In particular, the public broadcaster ORF is organised as a foundation under public law, resulting in additional requirements in order to acquire shares in ORF. This is further aggravated by the fact that the public broadcaster receives a major part of its financing through a broadcasting fee (Programmentgelt). ORF also conducts activities online.
Coverage Broadcasting sector

ARGENTINA

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Argentina has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

ARGENTINA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Argentina has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

ARGENTINA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Argentina has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

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