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Austria · Legal framework

How intellectual property disputes work in Austria

Austria follows the continental civil law tradition, and intellectual property claims are generally pursued through the ordinary courts. Mandatory lawyer representation applies before regional courts and all higher courts, and before district courts where the value in dispute exceeds €5,000. The legal system is conducted in German, and court fees are generally borne by the losing party.

Court structure and specialised commercial courts

Austria has a four-tier ordinary court system: 113 district courts, 20 regional courts, four higher regional courts and the Supreme Court in Vienna. Specialised commercial courts operate in Vienna and Graz and deal with commercial matters. Administrative disputes are handled separately by the administrative courts and the Constitutional Court.

Lawyer admission and Bar membership

To practise as a lawyer in Austria, an individual must be entered in the list of lawyers of a regional Bar association; Bar membership is compulsory. The title ‘Rechtsanwalt’ is protected by law. Requirements include a four-year Austrian law degree, five years of practical training and passing the bar examination before a higher regional court.

Mandatory representation in IP litigation

In civil litigation, representation by a lawyer is mandatory before the regional courts and all higher courts, and before district courts where the value in dispute exceeds €5,000. Below that threshold parties may appear in person. A Rechtsanwalt is entitled to appear before all courts and authorities in Austria.

Court fees and cost shifting

Court fees are calculated as a staggered percentage of the value in dispute and are generally payable when a claim is filed. The general rule is that the losing party bears the court fees and must reimburse the winning party’s costs. Legal aid may be granted to parties who cannot meet the costs without impairing their necessary maintenance.

Language and procedure

Austrian court proceedings are conducted in German. The Federal Constitution establishes Austria as a federal state, and court decisions of the Supreme Court guide uniform interpretation of the law, although Austria is not a common-law precedent system. Civil procedure is governed by the Civil Procedure Code.

The information in this local block comes from official Austrian sources (European e-Justice Portal, Rechtsinformationssystem des Bundes, JustizOnline, oesterreich.gv.at), accessed 2025.

• National justice systems – Austria (European e-Justice Portal)
• Rechtsanwaltsordnung (RAO) – Austrian Lawyers’ Act
• Court fees and legal aid – JustizOnline
• Court organisation – oesterreich.gv.at
• ABGB §1478 – General limitation period for contractual claims
• ABGB §1489 – Damages limitation period
• ABGB §1480 – Recurring payments limitation period
• ABGB §1486 – Trade receivables limitation period
• Arbeitsverfassungsgesetz §105 – Dismissal challenge period
• Ehegesetz §55a – Consensual divorce separation period
• Ehegesetz §57 – Fault-based divorce filing deadline