31st May 2023
Jobs in the administration of justice - apply now

Jobs in the administration of justice - apply now

Our job offers are generally aimed at both young colleagues and experienced professionals. Lawyer Dipl.-Ing. Michael Horak, LL.M. horak. LAWYERS SPECIALIST PATENT ATTORNEYS You are welcome to apply by email. ( E-Mail: horak@bwlh.de ) Build a career with Horak Rechtsanwälte. We have vacancies. Our exciting challenges for: horak. LAWYERS SPECIALIST PATENT ATTORNEYS You have questions? Call us. ( Telephone 0511.35 73 56-0 )

12th Dec 2022
The legal side of IT compliance

The legal side of IT compliance

horak. LAWYERS/ LAWYERS / PATENT ATTORNEYS Just give us a call. We are happy to help. In the area of ​​the IT landscape, legal regulations prevail, internal and contractual regulations. In corporate management, we can use the term IT compliance to describe compliance with regulations. Compliance means only in itself, that the applicable legal rules and recognized social values ​​and norms are always observed in the context of all corporate activities. Already in the light of the existing regulation density for companies and entrepreneurs, cross-border activities, Due to the increasing regulation and in particular the special liability for the management bodies, every company today has to operate a compliance management system. Lawyer Dipl.-Ing. Michael Horak, LL.M. Risky areas of IT compliance In particular, the...

23rd Oct 2015
Exchanges in Bitcoins are exempt from VAT and fall within Article. 135 Abs. 1 BUCHST. e of Directive 2006/112

Exchanges in Bitcoins are exempt from VAT and fall within Article. 135 Abs. 1 BUCHST. e of Directive 2006/112

1. Art. 2 Abs. 1 BUCHST. c of Council Directive 2006/112 / EC of 28. November 2006 on the common system of VAT is to be interpreted, standing that transactions such as those at issue in the main proceedings, consisting Exchange conventional currencies in units of virtual currency "Bitcoin" and vice versa, which are executed for an amount, corresponding to the margin, represented by the difference between the price, to which the economic operator concerned buys currencies, and the price, at which he sells them to its customers, is formed, constitute paid services provided for the purposes of that provision. 2. Art. 135 Abs. 1 BUCHST. e of Directive 2006/112 must be interpreted, that services such as ...

10th Jul 2013
The provision of § 5 Abs. 1 No.. 2 TMG commands – in Wortlautkongruenz implemented by the type. 5 Abs. 1 Abs c Directive 2000/31/EC – specifying the address of electronic mail. This is the e-mail address. A fax number or a contact form does not satisfy.

The provision of § 5 Abs. 1 No.. 2 TMG commands – in Wortlautkongruenz implemented by the type. 5 Abs. 1 lit c Directive 2000/31/EC – specifying the address of electronic mail. This is the e-mail address. A fax number or a contact form does not satisfy.

The provision of § 5 Abs. 1 No.. 2 TMG commands – in Wortlautkongruenz implemented by the type. 5 Abs. 1 lit c Directive 2000/31/EC – specifying the address of electronic mail. This is the e-mail address. A fax number or a contact form does not satisfy.

05th Jun 2013
Shall submit to the Federal Court of Justice of the European Union prior to the rights issue of admissibility framing – Youtube promotional film about water filtration systems “The reality”

Shall submit to the Federal Court of Justice of the European Union prior to the rights issue of admissibility framing – Youtube promotional film about water filtration systems “The reality”

Press release of the Federal Court No.. 090/2013 from 16.05.2013 Shall submit to the Federal Court of Justice of the European Union to the question of the admissibility of copyright “Framing” our There u.a. I responsible for copyright. Civil Senate of the Bundesgerichtshof has referred the matter to the Court of Justice of the European Union, whether the operator of a website penalized for an infringement of copyright, if he copyrighted content, which are publicly available on other websites, by means of “Framing” integrates into its own website. The applicant, manufactures and sells water filtration systems, made for advertising purposes a about two minutes long film entitled “The reality” manufacture, which deals with water pollution. It is the proprietor of the exclusive utilization rights to this film. The film was –...

04th Jun 2013
Nach § 5a Abs. 3 No.. 2 UWG must be given "the identity and address of the business" – a branch is not enough

Nach § 5a Abs. 3 No.. 2 UWG must be given "the identity and address of the business" – a branch is not enough

The requirement of § 5a Abs. 3 No.. 2 UWG, specify the identity and address of operator, In the entry, the business operated by the branch addresses is not enough. Nach § 5a Abs. 3 No.. 2 UWG must be given "the identity and address of the business". Art. 7 IV lit. b UCP Directive speaks of the "address and the identity of the trader". These rules are intended to ensure, that the consumer is clear and unambiguous information about the underlying, with whom he comes into contact business, so that he can take contact without difficulty and without further investigation effort by providing companies (vgl. OLG, WRP 2011, 1213, 1214, OLG Dusseldorf, Urt. in. 02.10.2012 – I-20 U...

15th Apr 2013
Press Law

Press Law

Medienberichtertstattungsrecht, Persöhnlichkeitsrecht, Freedom of expression and press freedom are important foundations of democracy and fundamental rights in terms of 3 in the latter type. 1, 2 and 5 Anchored GG. Communication media has different sides. You can destroy the honor and reputation of a person unlawfully in a day. As an untrue statement of fact, illegal or manipulated photo shoot or coverage of particular private spheres fundamental rights are violated. The same applies to a reporting Movie. In contrast, failure to, Reply, Pain and suffering, Indemnification, or – exceptionally – the revocation to be an effective means. However, negative reporting has not always legally geandet. Even successful processes can have negative consequences in light of their new visibility. We check the property- and legal ...

15th Apr 2013
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 ...

15th Apr 2013
Domain Law

Domain Law

Basics of domain name law: Domains can be addressed in different spellings, namely as a particular numerical IP numbers (eg 192.168.1.1) or letters (eg dieDomainrechtler.de). "DieDomainrechtler.de" set the Domain Names dar, the underlying IP number is not relevant to this legal view of the domain name, but for the technical understanding and use of the domain name. Using the domain name is a unique identification of devices within a particular computer network. In particular, the identification of an Internet domain name server that were – similar to a trademark – introduced and have become established. The domain name as such has nothing directly to do with the contents of a web presence and consequent rights issues. Rather, the domain name will replace only a very first IP number,...

15th Apr 2013
Privacy law

Privacy law

Due to the high, easy availability of data, their predictability and processing in databases or other computerized systems is a policy of the central facets of current and future legal realities represent. The protection of data is not solely in orginären Privacy Legal, but also in many other areas of law, such as intellectual property law and copyright (unauthorized Down-/Uploads protected works, Database right), Application. In addition to its general data protection law many domain-specific data protection provisions in other laws. These are the general rules of the respective national data protection laws and the Federal Data Protection Act (BDSG) ago ( § 1 Abs. 3 and 4 BDSG). The state data protection laws apply to the processing of personal data by public authorities and other public bodies of the state and municipalities ...

09th Apr 2013
Why are we involved in IT-/TK-Recht?

Why are we involved in IT-/TK-Recht?

We know the IT-/TK-Branche of our clients as well as by the special off- and training of our Lawyers. Thus, since we now have 16 Years active in the field of IT-/TK-Rechts Attorney Dipl.-Ing. Michael Horak graduated alongside his jurisprudential studies such electrical engineering with appropriate emphasis in the areas of information technology / telecommunications. Of course we know the terminology and industry relationships. In addition, we are able in particular complicated technical issues as the other institutions of the justice prepare, that the actual technical problems can be recognized and honored accordingly. Accurate and fast we can tap into, what matters. What services we offer? The entire right of information technologies and telecommunications, including the ...