Rechtsgebiete

Utility model law represents a separate property right for technical inventions. Due to the parallels of patent law, it also bears the title “minor patent”. The difference is formal in nature and is demonstrated by the registration of a utility model. In contrast to a patent, formal verification and registration is sufficient here. The utility model is a useful supplement to patent protection. It can, for example, be registered following the awarding of a patent, or during an ongoing process for patent issuance. We will gladly answer all of your questions relating to utility model law. Upon request, we will also outline the more detailed connections and possible applications which exist in relation to patent law.

Trademarks are an important component of the identity and representation of businesses and products. Cultivating and protecting them forms a core element of commercial success. We will represent and advise you around the theme of trademark law. Be it a specific concern, or a long-term strategy plan, let’s have a discussion.

This way, you will be able to get the best out of your trademark. We will support you with its registration, management and enforcement against trademark infringements. In addition, we will provide support for usage through licensing. We will support your trademark nationally and across Europe. We will gladly clarify all the relevant details with you.

The great contribution a design makes to commercial success is reflected by large, globally operating brands. Unique designs form an essential unique selling point and are important for planning business strategies. Design rights help you to protect these components of your commercial activities. This design protection corresponds to your individual business and the brands with which you operate. Each legal matter concerning this therefore requires a tailored strategy. We will support you to find and implement this, targeted either over the short or long terms. Naturally, we will clarify any outstanding questions concerning design law and how you can take advantage of it.

Competition, as they say, stimulates business. Nevertheless, legal limitations exist in commercial competition which are determined by competition law. It offers protection to businesses against unfair competitive practices. With regard to competition law, we can support on two levels: On one level, we will take on your defence in the event of a warning notice under competition law. On another level, we will help protect you against violations of fair competition. In both cases, we will jointly and carefully plan the required legal steps on the basis of existing legislation. In this manner, you will, in any case, receive the necessary and individually tailored legal representation. Feel free to contact us for more details.

License agreements govern the awarding of usage rights to third parties in relation to patents and technologies. They are agreed with the holder of the industrial property right. This is, for example, the case with patents. Regardless of your position, we will support you in drafting such an agreement which is mutually satisfactory for both parties. We will clarify for you which intricacies have to be observed. This is because licences can be granted with varying conditions or limitations. In addition, the applicable licence fees have to establish. It is therefore essential to determine the contractual framework for the granting of licenses. This is one way of determining the liabilities which exist for both parties, as well as the resulting rights and obligations.

Good cooperation is worth a great deal; legally securing such cooperation is also valuable. Successful partnerships form an important component of commercial activities. This applies to business partners as well as for businesses and clients. Depending on the size of a given business, cooperation could occur with only a handful of partners, or with many. It is therefore all the more important that these are laid down in a contract. Here, we are able to assist you. We will draft the agreed contracts for you and assist you in the event of non-compliance. Together, we will plan the necessary legal steps. Please feel free to contact us with any questions or concerns regarding this. We endeavour to assist you as quickly as possible.

A property rights portfolio comprises the entirety of a business’ property rights and copyrights Building such a portfolio is, in many respects, advisable. We will assist you in assessing such a property portfolio. In particular, we specialise in their relevance to the acquisition or sale of businesses. In the course of a thorough assessment, the following questions are, amongst others, addressed: Which property rights exist? Is extending the portfolio reasonable or commercially worthwhile? What needs to be observed when acquiring new property rights? In the first instance, an assessment wealds a preventative function. It should clarify the existing legal situation and prevent warning notices.

Due diligence is shorthand for due diligence review. It describes an extensive review of a business. This relates to legal, tax, commercial and financial circumstances. The potential purchase of a business can therefore be carefully weighed up. As an external consultant, we will support you in carrying out a due diligence review. We will therefore assess all other risks involved in acquiring a business. Should certain aspects cause you concern, we can gladly concentrate our services on them. We always work with great care and on the basis of the business documentation and data available. Please feel free to contact us and we can discuss our involvement in a due diligence review.

The right to an employee’s invention is determined by the German Employee Invention Act [Arbeitnehmererfindergesetz (ArbnErfG)]. It establishes the rights of an employer to make use of and commercially exploit a service invention. Simultaneously, the rights of employees in relation to their invention also exist. In this manner, they are indeed obligated to register a patent and notify the employer, but are entitled to compensation. Here, many questions usually arise which relate, in particular, to a potential or an eventuating end of the employment relationship. At this point, we are here to help. We will clarify the legal position and assist you in asserting your claims. This applies both to employers and employees.

Existing property rights are a useful instrument for asserting current rights. However, they carry the risk of being unknowingly violated. Much uncertainty is therefore created regarding existing property rights and the consequences resulting from infringement. As required, we will generate an individualised expert report concerning the legal validity and infringement of property rights. The content of the report will include a careful analysis of property rights and legal validity. This enables a realistic assessment to be given and a professional expert report to be created. This way, the extent of a property rights legal validity can be clarified. Furthermore, the likelihood of infringing an existing property right can be assessed and the resulting consequences illustrated.

Existing property rights are important securities for a business. However, they do not guarantee complete security. Infringements of property rights can be committed both knowingly, and unknowingly. This forces you to act in order to protect and further enforce your existing rights. With us, you will have the perfect partner by your side. We will help you defend and enforce your property rights on third parties. To do this, we will initially establish the extent to which an infringement has occurred and the resulting legal steps. On this basis, we are also prepared to represent you either extrajudicially, or in court. We will discuss with you in detail which strategies are appropriate to your individual case.

Antitrust law should prevent the formation of commercial cartels. Within the German legal jurisdiction, the conditions involved with this are, set out in the Act Against Restraints of Competition [Gesetz gegen Wettbewerbsbeschränkungen (GWB)]. Antitrust law concerns diverse businesses of differing size. In the case of businesses which operate at the European level, European antitrust law enforced by national competition officials applies alongside the GWB [Act Against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen)]. It is important for businesses to have a so-called Compliance Management System. This serves to prevent antitrust law infringements and, therefore, the imposing of significant fines and sanctions. We will comprehensively consult you regarding antitrust law. You can also consult us if you would like to have your Compliance Management System examined for potential vulnerabilities.

Legal battles do not always have to disintegrate into full litigation or a legal dispute. Mediation can therefore help to diffuse conflicts. It is a voluntary process and serves the constructive handling and settlement of disputes. Should you be considering such an approach, we will gladly act as an intermediary. This can involve various legal issues. Correspondingly, we will conduct a conversation in advance regarding your concerns in order to determine the framework conditions. We will gladly outline the mediation process for you. This way, you will be able to weigh up the advantages of the process for yourself. Focus is always placed on conflict deescalation and resolution.