Dr. Monika Hupfauf

Dr. Monika Hupfauf

Dr. Monika Hupfauf

Monika Hupfauf is one founder of KOCH / HUPFAUF Attorneys at Law. Her approach is to understand the parties‘ interests and to find reasonable and practial solutions even to complex legal issues and settings.

Intellectual Property in general:

I advise in IP/IT and media law related matters, in particular

  • the Life Science Sector (national and international research projects, clinical trial studies, supply agreements, quality agreements etc.)
  • licensing and technology transfer projects
  • research and development projects including funding
  • compliance (e.g. Pharmig code, qualified persons)
  • trademarks and copyrights
  • internet law (websites, online shops, e-commerce)
  • advertising law
  • IT (clouds, licensing, etc.)
  • M&A transactions with a strong IT / IP focus
  • franchise and license agreements, including trademark and brand service and license agreements
  • civil law and contracts
  • commercial and IP litigation

Specific competences:

  • advise on strategic issues and strategic set-up of projects
  • drafting and negotiation of agreements
  • litigation (including arbitration proceedings)

Fields of specialization:

Specific and detailed industry knowledge regarding the following sectors and fields:

Life Sciences: drug development (vaccines); research (cancer research, ; development of medicinal products;

Technology: research and development (in particular emerging and environmental friendly technologies, heating technologies, pipelines and pipe systems)

Fashion Industry: Fashion Jewellery, Trademark/Brand Licensing

EXPERIENCE IN INTELLECTUAL PROPERTY

Specialization in IP/IT and media law related matters for more than 11 years – in particular with regard to

(i) As an Associate /Attorney-at-Law; Trademark Attorney:

trademarks and copyrights, including the administration of trademark portfolios, advise on trademark strategies, litigation (trademarks and unfair competition), drafting and negotiation of trademark coexistence agreements, advise and prosecution with regard to counterfeit products; drafting and negotiation of trademark license agreements; brand service and license agreements; acquisition of companies with trademark portfolios as main asset;

advising and drafting and negotiating contracts regarding internet law (websites, online shops), advertising law, IT (clouds, licensing, etc.)

advise in M&A transactions with a strong IT / IP focus drafting and negotiation of franchise agreements advising in commercial law issues and contract law litigation in commercial and IP matters (including patent litigation) advise regarding compliance with industry standards (e.g. Pharmig)

(ii) As an Attorney-at-Law and in-house counsel:

research and development: negotiation and set-up of national and international research projects, multicenter clinical trial studies, drafting of agreements, advise on allocation and licensing of IP, advise with regard to funding (including EU and national funding) and large research consortia; advise regarding licensing and technology transfer projects

EXPERIENCE WITH RESPECT TO DOMAIN NAMES

Advise in several domain name issues, including

  • domain name dispute resolution procedure before the Italian dispute resolution center
  • domain name disputes before Austrian commercial courts
  • strategy regarding registration of domain names (in connection with trademark portfolios)

MAJOR PUBLICATIONS

Books: Co-author of “Cloud Migration – Der Weg in die Cloud” / Höllwarth (publisher)

Thesis: “The territorial allocation regarding the use of signs (trademarks) on the internet

Lectures: Lecture on Trademark Law at the University of Innsbruck (since 2012)
Several workshops and presentations regarding IT law, License agreements, quality agreements (including the European and Austrian Qualified Person Forum),Pharmig Academy

EXPERIENCE IN COURT LITIGATION

Extensive experience in court litigation, including the following areas

  • patents (technology – construction, research and development regarding pipelines and pipe systems)
  • trademark and unfair competition
  • clinical trials and drug development
  • research and development
  • general commercial litigation (contractual disputes)

PROFESSIONAL TRAINING IN ARBITRATION

WIPO seminar for mediation / arbitration in Life Sciences (in 2017)

EXPERIENCE IN ARBITRATION

In my function as attorney-at-law, I have been advising clients with regard to

  • domain name dispute resolution (arbitration) proceedings and
  • a large international arbitration proceeding (Vienna Rules).

PROFESSIONAL TRAINING IN MEDIATION

I have taken part and have successfully concluded the intensive business mediation training course of IWM Mastermediation (Dr. Falk) in 2006 and 2007. The course certificate gives admission to be registered with the Austrian association of mediators.

The course included extensive mediation training with well known national and international trainers and mediators whereas the focus of the course remained on business mediation and in particular mediation proceedings with involvement of (several) companies.

I have taken part in the two-day Training Seminar on “Mediation in Disputes on R&D and Related Commercial Agreements in Brussels (June 2016).

EXPERIENCE IN MEDIATION

I have been working as a “neutral counsel” for a cancer research center (budget for projects: approx. 37 million). My function was the negotiation of the set-up of the projects, including the project agreements between Universities and Research organisations on one side and Industry partners on the other side. Both sides had (completely) contrary interests in particular with regard to the allocation of IP and publication rights whereas it was my role to guide them, come to a final solution and an agreement which could serve as a good basis for further conducting of the research project.

Acting as a “neutral counsel” or “mediator” I managed to set up and conclude more than 30 projects (including the relevant agreements). One project included all major representatives from Pharma Industry whereas direct negotiations between the representatives of the Pharma Companies were not welcomed.

Corporate and Commercial, Information Technology, Intellectual Property, M&A Disputes, Mediation

Vienna Bar Association
IP Dispute Resolution Forum Munich (IPDR)
IR Global
Registered Mediator / Arbitrator at WIPO

Admission as Judge to the Austrian Courts, Higher Regional Court Innsbruck; Exam passed in July 2011
Bar Association Vienna, Bar Exam passed in July 2008
Falk Business Mediation, Degree in Business Mediation (2008)
Leopold-Franzens Universität Innsbruck, Doctor Juris (J.D.) (2006)
Diploma Studies at Cardiff Law School, Wales, One-Year-Diploma in 1999/2000
University of Innsbruck, Law Degree (Diploma in 2001)
High School degree with focus on economics (1996)

English, German
Vienna

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