IT & Technology
IT law – with IT being short for information technology – is the law which regulates the use of information technology, for example, through the internet. Contrary to many other fields of law, this area requires more than a mere glance at the jurisdiction in order to confidently evaluate a matter as the ongoing process of digitalization produces enormous amounts of new and unsettled facts and circumstances.
Patent Law
A patent protects your technological inventions, i.e., innovative products or processes you do not want to see imitated by a third party.
The basic idea of patent protection is to reward the inventor for his innovation by granting him a monopoly for a fixed term and territory. But patents also provide important information and incentive: The publishing of a registered patent can entice third parties to come up with even more innovation.
The patent owner can make direct use of his invention to ensure an exclusive position on the market for the duration of the patent. Furthermore, patents can be sold or licensed in order to obtain a monetary gain.
Patents also play an important part in the field of technology transfer, research and development as they can help to find partners for cooperation in future undertakings, and to obtain easier access to public funding.
Utility Model Law
Another option for protecting a technical invention is the registration of a utility model. The German Patent and Trademark Office will not examine the prerequisites for protection to the same extent as for a patent; e.g., the existence of the three criteria novelty, inventive step and commercial usability are not examined. Therefore, a utility model can be obtained at a lower cost compared to a patent.
However, this limited scope of examination has the disadvantage that utility models are harder to enforce in case of an infringement, and their duration is limited to 10 years.
Employee Invention Law
The risk that lies within the field of employee inventions is often underestimated. We support our clients in preparing, drafting and negotiating legally sound processes and contracts between employers and employees and make sure that the relevant remuneration guidelines are followed correctly.
Know-How
Know-How is a highly important asset for all companies. It comprises, among others, specialized technical and commercial knowledge and data such as the customer data base or price information. Know-How is key for a successful business enterprise and entails an important competitive advantage. This is why it is so important for companies to protect their know-how with the help of a purposeful organizational and legal strategy, in particular in view of the European harmonization through the directive on the protection of trade secrets and its implementation in the German trade secret law.
Data Protection
Ever since the European Data Protection Regulation (GDPR) came into effect on 25 May 2018, it has been the legal standard for correct processing of personal data in the entire European Union. However, data protection on the one hand and data as a tradable commodity on the other hand are increasingly coming into conflict of interest in the digital age. We take a holistic approach in our consulting, taking into account the need to protect personal data and the realization of new forms of advertising such as target marketing and geo marketing for which the collection and evaluation of personal data is essential.
Information Technology
We also advise our clients on the complex law of information technology where copyright, trademark, and contract law issues all come together. In particular, our experience in this area lies in the field of Internet domains, e-business and the drafting of contracts for the creation and licensing of software and hardware.