The lawyers

Dr. Ralph Mitsche

Lawyer since 1989

Vcard

  • Foundation Law
  • Successions and Estate Plannings
  • Banking and Capital Market Law
  • Real Estate Law
  • Insurance Law
  • Mergers & Acquisition
  • Commercial and Corporate Law

Since 1992 Partner at mahlerlaw*, cooperation of independent lawyers
1989-1992 Partner Mitsche & Jungnickel, attorneys at law
1988-1989 Head of the legal department of a private bank in Vienna

1982 PhDUniversity of Vienna (Dr. iur.)
1987 Bar exam with honours

Board member of private foundations and associations

Dr. Daniela Majer

Lawyer since 1992

Vcard

  • Trademarks, Design and Patent Rights
  • Copyright and Publishing Rights
  • Internet Law and Domain Rights
  • Unfair Competition
  • Commercial and Corporate Law
  • Marital and Family Law

Since 1992 Partner at mahlerlaw*, cooperation of independent lawyers
1989-1992 Associate, Siemer – Siegl – Füreder & Partner, 1010 Vienna

1986 Master of Laws at University of Vienna (Mag. iur.)

1990 Research Scholarship at Max Planck Institute of Intellectual Property

1990 PhD at University of Vienna (Dr. iur.)

1991 Copyright Criminal Law (“Das Urheberstrafrecht”), Manz, ÖSGRUM Volume 10

Board member of private foundations and associations
Board member of Stieglerhaus-Gemeinnützige Privatstiftung
Awarded Austria’s Top Lawyers in Trend Rankings 2017-2020:, Top Ten in the Category: Trademark, Copyright and Patent Rights

Our areas of competence

Our excellent knowledge on banking and capital market law is derived from our long-standing cooperations with several leading banks. We regularly review contracts under banking law and advise both banks and clients on their legal possibilities and claims. Additionally we represent banks, companies and private individuals in court in banking disputes.

We advise you on all areas of commercial and corporate law as well as general contract law. We continuously draft and review contracts and various other legal documents for business clients. Our ongoing practice ensures your contracts comply with current legal regulations and can be successfully enforced. Our expertise also expands over public commercial law, company employment law and all other company-related legal matters, such as preparation and review of General Terms and Conditions of Business.

We advise and represent you in all areas of company law – from choosing a suitable legal structure, incorporation, corporate restructurings, preparing and conducting shareholders’ meetings, resolving conflicts between shareholders or between shareholders and management, challenging shareholders’ resolutions as well as buying or selling interests in, or entire companies.

As an author, photographer, designer orperforming and visual artist, we advise you on the scope of your intellectual property rights and draft exploitation contracts for granting third-party rights. We support you in all legal questions of your career as an artist.

We negotiate and draft license agreements and assist you in enforcing your rights against unauthorized users. We draft extrajudicial warning letters and also enforce your rights in court.

We build a legal framework to support your web project plans; informing you about the permissibility of your specific advertising activities.

We also enforce your rights in cases of domain grabbing and advise you on third-party trademark conflicts.

We advise and represent you during the process of setting up a private foundation, over the course of mandatory reviews and revision of incorporation documents and in the assertion of your rights as a beneficiary or legal body of a foundation. Owing to our first-class connections to banks and real estate companies, we can additional provide professional support on asset and wealth management questions and investment strategies. Mahlerlaw lawyers perform board functions in various private foundations and thus have extensive practical experience in foundation law.

Our ongoing representation of insurance companies ensures that we are equally equipped to professionally advise and represent you on any question regarding insurance law. Among many other issues, this may include examination and assertion of claims arising from a liability, accident or life insurance. Additionally we represent insurance companies, corporations and private individuals in insurance related matters in court proceedings.

We advise you on all legal aspects concering the Internet. In connection to online services and E-Commerce, we inform you about your warranty and compensation claims as well as resolving any concerns you may have regarding your personal image, name and personality rights.

We advise and represent you in all areas of landlord and tenant law, in particular during negotiations and the closing of tenancy or lease agreements, as well as in court proceedings and public administrative proceedures.

In many areas of law, it may become necessary to claim legal rights before court or to fend off unsubstantiated third-party claims. To begin with, we provide a solid assessment of the prospects of litigation and the expected costs and fees involved. In court proceedings, we represent you in a legally competent manner with strategic experience acquired over years of practice. We also handle debt collection on your behalf and can conduct execution proceedings quickly and efficiently.

We advise and represent you in all matters of marital and family law – offering legal advice before entering a marriage or registered life partnership and draft marriage prenuptial agreements. We also offer our support, advice and legal representation in any critical marriage situation and during a divorce. In particular, we have years worth of experience in representing clients in family law matters and divorce proceedings with an international dimension.

We strive to find amicable consensual solutions, but also represent your interests in court proceedings, particularly in cases regarding alimony, child support,  custody and contact permission rights.

We are also happy to answer any question and resolve claims involving an economic interest as well as Austrian social security law aspects.

The acquisition or divestiture of a company is associated with a variety of legal questions and challenges. We assist you during contract negotiations and make sure that the contract design meets your legal and economic interests. Over the past decades, our law firm has successfully handled numerous company acquisitions and divestitures already.

We advise and represent you in all areas of real estate law – particularly during the purchase or sale of property or property shares as well as condominiums. This includes optimally structuring your respective transaction from a legal and tax perspective, contract negotiations, drafting of contracts, assessment of taxes and fees as well as assumption of trusteeships via the electronic legal trust handbook and inscription in the Austrian land register.

We advise you on testamentary dispositions and estate planning, especially in cases including corporate successions or advancements on the inheritance share such as gifts or setting-up a private foundation.

As a (potential) heir or legatee, we support and represent you in probate proceedings and inheritance disputes.

Trademark rights are constantly rising in importance. We advise and develop a tailor-made legal trademark strategy for you and register your intellectual property rights at the IP authorities in Austria, Europe-wide and globally.Subsequently, we manage your trademarks after registration and remind you of renewal requirements. We also represent your legal interests in opposition and cancellation proceedings at the Austrian Patent Office and the EUIPO as well as before European courts.

We register your designs as design patents in Austria or at the EUIPO and manage your intellectual property rights. We prosecute infringement and exploitations of your intellectual property rights through product imitations by third parties and represent you in court.

Additionally, we draft licence as well as demarcation agreements for you.

We conduct legal examination of advertising campaigns as well as regarding product innovations. To this end we advise you in cases of infringement of your competition law interests by a competitor, we draft warning letters and bring about interim injunctions in case of imminent danger. We represent you in legal infringement disputes and enforce your damage claims.

Team

Lawyers

Dr. Ralph Mitsche
Dr. Daniela Majer

Associate

Mag. Caroline Pölzl

Research Assistants

Stefan Kostersitz
Florian Winter

Personal Assistant Dr. Ralph Mitsche

Marianne Loos

Personal Assistant Dr. Daniela Majer

Alexandra Marboe

News

We regularly inform you about topics related to banking and capital market law, insurance law and real estate law.

Contact

Mahlerstraße 13
A-1010 Vienna

Tel. +43/1/514 28-0

Fax +43/1/514 28-30