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Industrial property rights

Unfair competition

A particular consulting focus is on the defence of unjustified warning letters in the field of industrial property rights and competition law. If our clients' rights are infringed, we take on the task serving the infringers the warning letter, requesting them to make cease-and-desist declarations punishable by law and obtaining interim injunctions. Should a claim be made against you by means of a warning letter, we will advise you competently and discuss a sensible course of action with you. In doing so, we always weigh up whether a cease-and-desist declaration punishable by law should be signed, what risks are involved in the event of a recurrence and what alternative courses of action are available. In doing so, efforts always focus on achieving a cost-effective solution.

Copyright infringements (particularly file sharing)

We provide advice to both companies and consumers on file sharing and other copyright infringements on the Internet. In the context of what is termed file sharing, i.e. the exchange of files on the Internet by means of file-sharing networks, we provide advice chiefly to Internet connection owners. However, these accesses, which are usually designed as access providers, do not represent exclusively consumers, but also companies, particularly hotel owners or operators of Internet cafés. As part of our advice, we examine the justification of the allegation of violation of duties of care and the liability privileges of the connection owner in this context. We also examine potential entitlement to enforcing claims for damages.

However, the threat of copyright infringement also looms outside of Internet file sharing networks. This applies particularly to the question of copyright on images and texts as well as the right to one's own likeness. To the extent that third parties use pictures or texts protected by copyright, we provide advice to our clients both with respect to ceasing the infringement and to enforcing claims for damages caused by the copyright infringement (licence damage).

Our service overview for skim readers:

  • Defence against warning letters
  • Production of warning letters
  • Examination of (punishable) cease-and-desist declarations/modification and advice
  • Defence against or enforcing possible claims for possible damages
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