The NFT market is still relatively new and volatile, but its potential is huge. Christie's managed to auction an NFT linked to an artwork for over USD 69 million this March, proving that NFTs are a new asset class that can carry significant value. A value, that needs protection just like any other asset class.

The Austrian Cartel and Competition Law Amendment Act 2021 (KaWeRÄG 2021) will introduce – in part substantial – amendments to the Austrian merger control regime as of 1 January 2022. The amendment originated in the context of the implementation of the ECN+ Directive. However, the Austrian legislator seized the opportunity to, among other things, refine the Austrian merger control regime by introducing a second domestic turnover threshold and implementing the SIEC test, as well as to strengthen the FDI screening mechanism.

In response to the ongoing COVID-19 pandemic, on 6 August 2021 the Hungarian Government issued Decree No. 474/2021 on the different application of the Patent Act (Act XXXIII of 1995). According to the decree, patent applications filed after the entry into force of this decree will not be subject to a maintenance fee for the first three years of patent protection. The decree was promulgated on 6 August 2021 and will remain in force until the end of the state of emergency related to COVID-19.

In general, the Serbian Agricultural Land Act ("ALA") envisages granting the use of agricultural land, free of charge, to state-owned subjects, or, in instances where particular plots have not been leased for three or more agricultural years, agricultural land may be tendered for to be used by registered agricultural holdings.

An unregistered community design is established merely by the disclosure of a design and triggers protection for three years from the date of disclosure. This informal right was created to satisfy the demands of the industry and creatives for a design protection right providing broad-ranging territorial protection and safety for short-lived products without an elaborate and costly registration procedure.

Patents and innovation are closely linked. Patents can boost innovation by granting a legal monopoly over certain technology, and inventors may be willing to invest more time, money and creativity into their inventions if they can do this in anticipation of being rewarded with such monopoly on their invention. Furthermore, patents boost future innovation because the technology protected by a patent will be made publicly available and can be used by everyone once the patent protection term expires. However, patents may even hinder innovation, because technology and its further-development could be blocked by existing patents.

In a recent article for CEE Legal Matters, Schoenherr Attorney at Law Alexandra Bognar wrote that Hungary adopted a UBO Register Act this year. We spoke to Bognar to learn more about the new piece of legislation.

The Hungarian Competition Authority (HCA) published its draft report of an accelerated sector inquiry on the Hungarian brick market. The interested and affected parties have only 8 days to submit comments to the authority's draft report. As a main finding, the HCA has not found reasons to conduct an antitrust proceeding on the relevant market. It has, however, made recommendations for consumers and also for the government.

A year ago, Bulgaria took its first steps into a new world after several months of almost total lockdown following the outbreak of the COVID-19 pandemic.

Looking at the past 18 months, as economies across CEE contracted, the technology, media, and telecom sector has been surging. A balancing factor for economies, it helped avoid a deeper recession. For CEE law firms, TMT’s solid performance brought in a steady amount of work, helping polish what might otherwise have been a lackluster year.

Even with the summer holidays firmly established in Hungary, the country is seeing activity across the board and a couple of interesting legislative updates stand to improve the landscape even further, according to Schoenherr Managing Partner Kinga Hetenyi.

The Czech Ministry of Justice recently published a bill on preventive restructurings (the "Bill") implementing the directive on preventive restructuring frameworks which will introduce a brand-new legal tool preventing the insolvency of viable enterprises in temporary financial difficulties.

The hype surrounding NFTs and crypto assets appears infinite and is raising more and more questions and challenges for the legal profession in Austria and beyond.

Schoenherr’s Alexandra Doytchinova and Stefana Tsekova Talk About The Deal of the Year in Bulgaria.

To mint NFT art, you need to have enough cryptocurrency in your wallet (and even more to buy it). A successful NFT artist could then also pay his or her studio assistants in cryptocurrency from the proceeds of the sales. Cryptocurrency therefore plays an obvious part in a blockchain-based business. But is this also true from an employment law perspective? Can or should remuneration be paid in a cryptocurrency? Let's take a closer look at this question by examining the interface between the crypto world and the physical world from an Austrian employment law perspective.

In short, an NFT (non-fungible token) is a set of data stored on a blockchain (a digital ledger), that certifies a digital asset as unique and thus non-fungible. Assets can be tangible (real estate) or intangible (IP rights).

YES - In its previous case law, the court has recognised the importance of hyperlinks for the operation of the World Wide Web and for freedom of speech. On these grounds, the European Court of Justice (ECJ) generously allowed the use of links to make third-party content accessible via one's own website.

On March 5, 2020, CEE Legal Matters reported that Schoenherr had advised Fintur Holdings B.V. on its USD 31.5 million sale of its 100% holding of Moldcell S.A., to CG Cell Technologies DAC. Gladei & Partners advised CG Cell Technologies. We spoke to Vladimir Iurkovski at Schoenherr and Roger Gladei at Gladei & Partners for more information about the deal.