Martin Prohaska-Marchried

Martin is the Co-Head of our intellectual property and IT teams in CEE and Head of our Manufacturing & Industrials sector group. He is recognised as one of Austria's leading IP lawyers, and is especially well known for advising on copyright levies.

Martin is lauded by clients for being a highly creative and sharp-minded lawyer with a profound knowledge of IP law. He handles contentious and non-contentious IP matters, with a particular focus on trademarks, unfair competition, design law, copyright law, advertising law, know-how protection (including know-how enforcement) and advice regarding reverse engineering. Martin works with clients across the automotive, logistics and transport, manufacturing, food, technology and media sectors.group. He is well known for his expertise in contentious and non-contentious IP with a particular focus on Trade Marks & Design, copyright law and advertising law. Martin primarily advises clients in the industries Automotive, Logistics & Transport, Food, Furniture, Clothing, Technology, Media & Communications as well as Welding technology in clearance risks, protection strategies, enforcement and commercial exploitation of Trade Marks & Design. In addition, Martin is acting for a major German mail-order company in proceedings regarding copyright levies against Austro Mechana. His expertise also includes all legal aspects regarding the clearing of promotions.

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Carrière

Since 2004	Partner, Taylor Wessing e\|n\|w\|c
2013 – 2014	Project coordinator, project „Mock application”, INTA
1999 – 2004	Attorney, Taylor Wessing e\|n\|w\|c

1993 – 1999

Associate, Taylor Wessing e|n|w|c

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Formation

2000	Admitted to the bar, Austria
1994 – 1995	Doctoral degree, University of Vienna
1987 – 1993	Law studies, University of Vienna

Publications

„UWG in Fallbeispielen” (Austrian Act against Unfair Competition - Case studies), WEKA, co-author, 2007

Brief commentary on the Product Piracy Act, NWV, co-author, 2001

Contributions to the ecolex journal, as of 1998

Confidentiality of Professional Representatives of Litigating Parties (Professional secrets and the recognition thereof in civil procedures, penal procedures, administrative procedures, fiscal penal procedures and antitrust proceedings of the EU Commission), awarded the Kurt Wagner Prize of the Austrian Notarial Office, republished in 2015 by Manz Publishing House as "Compendium of Notarial Discretion", 1998

Groupes & Associations

Vienna Bar Association

INTA (International Trade Mark Associations European Commitee on Non Traditional Trade Mark)

Langues étrangères

English

Expertise

Secteurs Technologie, Médias et Communications (TMC)Logistique et transport Industrie Cryptoactifs, blockchain et technologie des registres distribués (DLT) et projets Web 3.0

Experience

Successful claim relating to counterfeit and grey goods for Cisco	Cisco on its UK and EU trade marks and on brand infringement, including a long running and high value claim against the directors of a broker (Gen X IT), trading in substantial quantities of counterfeit and grey Cisco branded products.
Orange on management of over 4500 trade marks globally	Orange on management of its worldwide portfolio of over 4,500 marks in over 190 jurisdictions, including trade mark clearance, devising protection strategies, filing and prosecution, and managing all disputes, oppositions, invalidity and infringement actions.

Prix et distinctions

Legal500 2021	Recommended lawyer – Intellectual property: "Fast and accurate responses to my questions. – Despite the short reaction time well argued. – Good personal relationship with Martin Prohaska."
Legal500 2021	Recommended lawyer – Intellectual property: "My main contact is Martin Prohaska and I enjoy to work with him. The main reasons are his fast and accurate response time, his personal Integrity, the ideas he brings to my business and his advice on which lawyer in which country could help on topics outside his practice."
Legal500 2021	Recommended lawyer – Intellectual property: "We have been working with Taylor Wessing and in particular Partner Martin Prohaska-Marchried for many, many years and have always been most happy with this cooperation."
Legal500 2021	Recommended lawyer – Intellectual property: "In IP, Partner Martin Prohaska-Marchried is our main point of contact and has been so for many years. We value his very pragmatic view of things which often leads to quick solutions rather than lengthy processes."
Chambers Europe 2021	Recommended lawyer – Intellectual property: "He is a good sparring partner, gives direct feedback, and thinks in advance of what we as a client might need."
Managing Intellectual Property - IP Stars 2020	Trade mark star
Chambers Europe 2020	Leading individual - Intellectual property - Austria: Martin Prohaska-Marchried regularly advises clients on international trade mark and domain portfolios. He additionally acts on opposition and infringement proceedings concerning trade marks and designs. Moreover he assists with unfair competition matters and co-existence agreements. Clients appreciate Prohaska-Marchried for being a "pragmatic and reliable" adviser.
Legal 500 Europe, Middle East and Africa 2019	Recommended lawyer - Dispute resolution: Commercial litigation (Austria)
Legal 500 Europe, Middle East and Africa 2019	Recommended lawyer - Intellectual property (Austria): Practice co-head Martin Prohaska-Marchried specialises in unfair competition litigation, trade mark, design rights and copyright law. He advised Orange in a complex unfair competition and trade mark violation dispute, which was settled. Prohaska-Marchried also successfully represented Eternit Austria in a case seeking a declaration of invalidity of a community design.
Managing Intellectual Property - IP Stars 2019	Trade mark star
World Trade Mark Review WTR1000 Austria 2020	Leading individual (Silver): The heartbeat of the practice is the sensational Martin Prohaska-Marchried. In line with the side’s international slant, Prohaska-Marchried “has a strong global network and therefore has local advice and expertise at his fingertips, irrespective of geographical location. He advises in a timely manner, pre-empting any challenges or issues along the way. His explanations are clear, concise and easily understandable to those from a non-legal background.”
Chambers Europe 2018	Leading individual - Intellectual property.
Chambers Global 2018	Leading individual - Intellectual Property
Legal 500 Europe, Middle East and Africa 2017	Ranked in Legal 500 2017: The ‘very good' Martin Prohaska-Marchried heads the team.
Chambers Global 2017	Leading individual - Intellectual property: Clients value Martin Prohaska-Marchried's "supportive and prompt" responses as well as his availability and practical approach. He is active in portfolio management as well as IP litigation and transactional issues.
World Trade Mark Review WTR1000 Austria 2018	Leading individual: (Silver) The standout figure is Martin Prohaska-Marchried, head of the regional IP and IT group and an expert in manufacturing industries. 'He serves up profound and detailed advice quickly and professionally.'
Legal 500 Europe, Middle East and Africa 2016	Ranked in Legal 500 2016 as a 'recommended lawyer': "’Experienced IP lawyer’ Martin Prohaska-Marchried heads the ‘service-oriented’ team at Taylor Wessing Austria..."
Managing Intellectual Property - IP Stars 2016	Trade mark star
Chambers Global 2016	Ranked in Chambers Global 2016 as a 'notable practitioner'
World Trade Mark Review WTR1000 Austria 2017	Leading individual: Star litigator Martin Prohaska-Marchried is a consummate anti-counterfeiting czar who recently conducted successful brand enforcement actions for market leaders in the perfume and furniture sectors.