Since in Austria so far there is no jurisprudence on indirect infringement, it is unclear what exactly the requirements for liability will be. No one can exactly predict how the courts will judge individual acts of parties involved and what will be accepted as proof of infringement.However, it is expected that the Austrian Courts will adopt an approach similar to, for example, the UK Courts, and it is thus advisable for companies to undertake the measures suggested in the Warner-Lambert decision and in the Sun Pharmaceuticals decision to avoid indirect infringement.It is essential to provide pharmacists, physicians, and even health authorities with the information that the generic drug is not indicated for the patented second medical use. Further, it would be beneficial to already include the fact that the label excludes certain indications in promotional materials, such as leaflets. Special care should also be taken when instructing the sales team in order to ensure that they are aware that the drug is not to be used for a certain patented indication, and that they can then answer questions from potential customers regarding this matter correctly.