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  • IT Law
    • IT Contract Law
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  • IT-Outsourcing
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    • Dipl.-Ing. Michael Horak, LL.M.
    • Julia Ziegeler
    • Anna Umberg LL.M. M.A.
    • Dipl.-Phys. Andree Eckhard
    • Catherine Gitmann-Kopilevich
    • Karoline Behrend
    • Dr. Johanna K. Müller-Kühne
    • Andreas Friedlein
    • European trademark attorney and design attorney
    • Jonas A. Herbst
    • Diana Eberle
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RSS IP-/IT-Recht

  • Liability in the event of violation of IT contracts
    Here is an explanation of liability in the event of violation of IT contracts: 1. Liability in the event of violation of IT contracts The liability in IT law is based on contractual agreements, legal regulations and current case law. It can arise from: 2. Typical liability cases with examples a) Inadequate software delivery A software provider provides company software, has the massive bugs and the operation […]
  • Legal features of AI law
    AI law covers a variety of legal areas, there artificial intelligence (Of) raises interdisciplinary questions. The focus is on development, Use and regulation of AI systems, especially with regard to liability, Privacy Policy, Copyright and Ethics. 1. Liability law 2. Privacy law 3. Copyright 4. Ethics and Regulation 5. Contract law Content of typical AI contracts Typical AI contracts regulate the relationship between providers, developers and […]
  • What types of software licenses are there and how do they differ??
    There are different forms of software licenses, including SaaS (Software as a Service), which differ significantly from one another in their properties and usage rights. Here are some of the most common software licensing models and their key differentiators: Proprietary software license: Proprietary software is closed software, which is developed and sold by a manufacturer. Set the license conditions […]
  • Automated data analysis by investigative authorities using software is not permitted: Unjustified encroachment on informational self-determination
    If stored data is processed using an automated application for data analysis or evaluation, this affects informational self-determination (Art. 2 Abs. 1 in connection with Art. 1 Abs. 1 GG) all one, whose data is used personally in this process. The intervention weight of an automated data analysis or evaluation and the requirements for their constitutional justification arise […]
  • Determination of the paramount cross-market importance for competition by Google according to § 19a GWB
    BKartA B7 – 61/21 Decision of 30. December 2021 According to Section 19a Para. 1 GWB established, that the Alphabet Inc. including those with her according to § 36 Abs. 2 GWB affiliated companies (hereinafter "Google") is of paramount importance for competition across all markets. The finding is on 5 Years from existing power, d.h. to […]
  • Advertising by a certified construction technician with the names "Büro für Architektur" or "Architekturbüro" is misleading and anti-competitive
    Advertisement of a certified construction technician for a planning office with the designation "Architect", "Office for architecture" or "architecture office" violates Art. 1 Abs. 1, 4 BayBauKaG. In addition, the advertising is misleading. LG Bayreuth judgment of 27.10.2020 32 The 710/19 … I. The defendant is convicted, if a fine to be determined by the court for each case of the infringement is avoided […]
  • No placement of non-local taxi drivers via the "mytaxi" app
    Operating software - here the "mytaxi" app -, which establishes a direct connection between a nearby taxi driver and a passenger and thus enables customers to be transported in taxis, is unfair, if not prevented, that contrary to § 47 Abs. 2 PBefG also non-local, non-licensed taxi drivers. The app operator is a participant […]
  • Owners of Union brand "Malle" can other conducting so-called. Malle parties prohibit
    By judgment of 29. November 2019 hat die 8. Commercial Chamber of the Landgericht Dusseldorf (38 The 96/19) decided, can that the owner of the registered trademark Union "malls" prohibit party organizers, to apply without his consent parties called "Malle" and to organize. In more than 100 preliminary injunction proceedings was the owner of the Union trademark "Malle" against […]
  • Hosting providers and service providers such as Facebook can be designed, delete unlawful and meaningful same content, to terminate and seek hereafter - worldwide
    Directive 2000/31 / EC must be interpreted, that it does not preclude a court of a Member State, - give up a hosting provider, the stored information from him, that have the same content as word information, which have previously been declared illegal, to remove or block access to them, regardless, who the contract for the storage of […]
  • Third debtor is in the seizure of the claims of the domain owner DENIC
    a) The ownership of an Internet domain under the top-level domain "de" is based on the totality of the contractual legal claims, the the the domain of the registration contract between DENIC owner is entitled. These claims are subject of the attachment according to § 857 Abs. 1 Code of Civil Procedure (Following BGH, Decision of 5. July 2005 - VII ZB […]

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RSS IP law

  • Ideas are worth gold - if you protect them.
    Why intellectual property (IP) Your most important capital can be - and how the iPblog helps you have an ingenious invention, A unique design or a strong brand concept? Then they already have more than many others - but: Only those who have their intellectual property (IP) protect, evaluated and cleverly administered, also has real economic benefits from it. […]
  • Essential clauses of a license agreement
    A license contract regulates the use of intellectual property (IP) Through third parties. The essential clauses of a license agreement concern the type of license, Rights and obligations of the parties, Remuneration, Liability, Property rights and termination. 1. Prambel The preamble describes the background of the contract, The parties and the goals of the license agreement. Sample clause: “The licensor is the owner of the patent rights […]
  • IP law news
    Here are the current developments in the field of IP law (Intellectual Property) summarized: 1. Artificial intelligence (Of) and IP rights 2. Unified Patent Court (UPC) 3. Sustainability and “Green Trademarks” 4. Blockchain technology in IP management 5. Legal developments in the area of ​​AI and IP 6. Cybersecurity and IP IP law IP law is evolving dynamically, especially through technological innovations and […]
  • “Internet radio” anticompetitive, is payable because of the Lifestream GVL tariff
    “Internet radio” anticompetitive, is payable because of the Lifestream GVL tariff

    The statement brings in the relevant public the impression, that Internet radio operators by virtue of a license from the S… ability to emit and the technical infrastructure of the defendant Internet Radio in Germany, arise without the payment obligations inter alia to the applicant and the position taken by their performers and phonogram producers. In fact, however, leads to internet radio operator in Germany, such a payment obligation under § § 78 Abs. 2 No.. 1, 86 Copyright Act. The question, whether in cross-border issues arising from performance rights are, directed according. Art. 8 VO 864/07 under the law of the country, is sought for the legal (Land protection). The legal protection of the country also determined, welche Handlungen als Verwertungshandlungen unter ein von ihm anerkanntes Schutzrecht fallen...

  • Discover specialist law firms

    Our lawyers are highly specialized, work scientifically based and are experts in their field. Lawyer Dipl.-Ing. Michael Horak, LL.M. Excellent Qualifications Lawyers We can meet your questions with the best qualifications: we are lawyers/ specialist lawyers/ patent attorneys. Specialist lawyers In addition to specialist lawyer titles for commercial legal protection, we also hold specialist lawyer titles for copyright and media law as well as public procurement law. Patent Attorneys You need even more expertise? If necessary, one of our patent attorneys will be consulted. Get to know us! Head office The head office of the law firm horak Rechtsanwälte/ Fachanwälte/ Patentanwälte is located in Hanover, the state capital of Lower Saxony. Here we have centralized facilities, can be accessed by our locations, such as servers, digital library, telephone inter alia. horak. LAWYERS SPECIALIST PATENT ATTORNEYS Contact...

  • Domain arbitration before WIPO (UDRP) and ADR
    Domain arbitration before WIPO (UDRP) and ADR

    Basics of Domain Arbitration: There are based on German law, no separate arbitration- or arbitration for domain law. Exist particularly in the area of ​​domain name disputes for certain domains various arbitration, such as the WIPO arbitration (World Intellectual Property Organisation), built on the basis of the ICANN UDRP Rules. Such intellectual property offices in resettled arbitration to decide today, however, more favorable to copyright holders; Moreover, method and content of the award are limited. Thus, no damages may be awarded, for example, often. Unlike the UDRP process specific ADR procedures are designed for single top-level domains, which differ substantially in some cases from the UDRP Rules. So there is using the. European ADR a special arbitration, its. eu ADR rules and ...

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