Contract law includes all legal provisions that regulate the contract initiation, the contract conclusion and the resulting rights and obligations of the contracting parties. Contracts regulate the legal relationships between the parties in sales contracts, booking a trip, granting a loan and many other transactions in everyday life and in business. Contract law is therefore a central area of our legal system when it comes to the exchange of goods and services.
Particular attention should be paid to General Terms and Conditions (GTC), which are readily made part of a contract. The effect of GTC is to simplify, accelerate and standardise the conclusion of a contract by means of pre-formulated provisions. It does not matter whether the GTC form an externally separate part of the contract or are included in the contract document itself. In principle, these provisions may not contain any regulations that deviate from the essential expectation. The extensive case law on general terms and conditions applies to employment contracts as well as to leases, supply contracts, etc.
We support our clients in the drafting of contracts and GTC. We review contract texts submitted to our clients by potential contractual partners and check whether regularly used contracts and GTC of our clients are still up to date.
Employment law is subject to major changes due to constant changes in the law or due to extensive individual case law and is divided into two different areas of law:
Individual employment law: It regulates the legal relationship of an employee with his employer and his colleagues. It deals with the realisation and termination of the employment contract and the rights and obligations of the parties to the employment contract. This relationship is largely determined by employment laws, such as the Employment Protection Act, the Working Hours Act, the Continuation of Remuneration Act, the Federal Leave Act, the Part-Time Work and Fixed-Term Employment Act, the Maternity Protection Act, the Workplace Protection Act or by collective agreements.
Collective employment law: Collective employment law deals in particular with the rights of employment law coalitions (employers' associations and trade unions), with the issues that arise when collective agreements are concluded, and with legal issues of internal co-determination (works council). The Works Constitution Act, the Employment Promotion Act and the Collective Bargaining Act are of importance, amongst others.
We are happy to support and attend to our clients in all matters of employment law, from the drafting or review of employment contracts to the winding up of an employment relationship, whether by termination or cancellation agreement. We represent our clients out of court and in court.
The utility model is often referred to as the "small patent". It protects technical inventions for a maximum of 10 years. The application is filed with the German Patent and Trademark Office under examination of only the formal requirements. Otherwise, there is no examination of the protection requirements. Whether an invention is actually worthy of protection can therefore sometimes only become apparent in the case of infringement.
In cooperation with patent lawyers, we provide support in the preliminary stages of an application in researching whether the invention is protectable at all, in order to avoid hopeless applications at the Office. It is also important to check whether the invention could possibly infringe older patents or utility models. In the case of infringement of utility models, we act for our clients both in and out of court.
The most important property right for all designers and design-oriented companies is the design right (registered design). It protects the two-dimensional or three-dimensional appearance of an entire product or part thereof and is valid for up to 25 years from the date of application. The German design law is applied for at the German Patent and Trademark Office (DPMA), for the EU at the European Union Intellectual Property Office (EUIPO) in Alicante.
It is registered under examination of the formal requirement only. An examination of the substantive requirement, namely novelty and individual character, does not take place. It is therefore advisable to carry out a search before filing the application itself to see whether the product to be registered already exists in an identical or similar form.
In addition to the registered property right, there is also the so-called unregistered Community design. This is valid within the EU for 3 years from first publication.
We arrange for the worldwide registration of designs and can fall back on our excellent partner network.
We arrange the defence of design laws in and out of court as a matter of course and make them quickly disappear from the market.
To prevent counterfeits from entering the European market, we also cooperate with customs.
Of course, we also support our clients, should they be exposed to justified or unjustified accusations of design infringement, and find pragmatic solutions.
Many of our clients are already being advised by us during the development of new products, and parallel searches may prevent infringing developments.
We help to build a meaningful and strong intellectual property portfolio and take care of its administration (e.g. renewals, licence agreements), so that our clients can focus on their core business fully.
Trademarks are signs that serve to distinguish the goods or services of one company from those of other companies. In addition to the classic word and figurative marks, sound marks, colour marks, olfactory marks or three-dimensional marks, among others, can also be registered.
Trademarks are freely licensable and transferable and – provided they are renewed every 10 years – continue to apply indefinitely. They are therefore a coveted asset whose importance cannot be overestimated. With a registered trademark, you can defend yourself against imitators and ensure that no one makes market access difficult for you by applying for a similar trademark.
Trademark protection is established by filing a trademark application, for example with the German Patent and Trademark Office (DPMA) or the European Union Intellectual Property Office (EUIPO), or by use and reputation.
We provide advice on the registration of trademarks, in particular the selection of relevant trademark forms and the creation of a suitable list of goods and services as well as in the search for available trademarks in order to avoid clashes with other trademarks.
Naturally, we defend trademarks against imitators, in and out of court. In order to act quickly against an imitator, we apply for preliminary injunctions in court for our clients in the shortest possible time.
In order to solve already existing conflicts or to avoid conflicts with other trademark owners in advance, we draw up, among other things, coexistence and delimitation agreements as well as licence agreements.
Many people have concluded a lease agreement, whether for the apartment, the garage, or the office.
Tenancy law regulates rights and obligations between tenants and landlords. The legal relationship between the leasing parties is primarily governed by the lease agreement. Only if the contractual provisions are incomplete or deviate from protective regulations to the detriment of the tenant shall the provisions of the Civil Code apply in addition. A decisive factor is often the comprehensive case law concerning cosmetic repairs, rent reduction, operating and ancillary cost accounting as well as the termination of the rental agreement.
We support our clients both in asserting outstanding rent payments and in reclaiming the security deposit. If there is a defect in the rented property, we work with our clients to find a solution with regard to a possible rent reduction.
The patent protects, among other things, technical inventions and processes. An invention is thus something intellectual, a technical idea presented by the inventor in the form of a thing or by a process. An invention must be filed for grant with the German Patent and Trademark Office (DPMA). For patent protection, an invention must be new, commercially applicable and based on an inventive step. Patent protection can last up to 20 years under German law.
In addition to an application to the DPMA, an application to the European Patent Office (EPO) is also possible. However, contrary to what the name suggests, the European is not one, but is a bundle of national (including non-European) patents.
The introduction of the unitary patent is expected at the end of 2022, for a uniform technical protection in all EU member states.
We support our clients in cooperation with patent solicitors in searches for the protectability of the inventions as well as in the protection to prevent the development from possibly infringing patent rights or utility models of third parties. We provide assistance in filing patents with the offices and provide support during the various stages of the registration process.
Of course, we also defend patents against imitators - in and out of court - and seek solutions if our clients are accused of patent infringement.
So-called works of literature, science and/or art enjoy copyright protection. However, these include not only the paintings, sculptures, musical and/or theatrical works commonly understood by all to be copyrightable, but also, for example, an advertisement graphic, photographs or a particularly peculiar piece of furniture, as well as computer programs. Other consumer or industrial goods may also be copyrightable under certain circumstances. Copyright arises by virtue of creation, i.e. as soon as the original idea has been embodied in a corresponding work. This does not require registration with an office. However, this can sometimes make it difficult to prove one's own copyright.
We support our clients in defending their copyrights as well as in drafting and reviewing contracts on the commercialisation of the copyright, e.g. licence agreements.
Every road user - be it a car driver, cyclist or pedestrian, regardless of age - is confronted with this area of law on a daily basis.
Civil traffic law usually deals with the enforcement and defence of claims for damages in connection with a traffic accident. Even if the liability situation is clear, claims such as depreciation, compensation for loss of use, rental car costs, lump sum costs, etc. are often not paid or not paid in full by the liability insurance of the other party involved in the accident. In particular, the assertion of compensation for pain and suffering is subject to strong case-by-case jurisdiction.
Traffic law contains provisions relating to the rights and obligations of participants in road traffic and the admission conditions for participation in road traffic with vehicles. The main focus is on fines or criminal proceedings after a traffic violation.
We represent our clients out of court and in court and support them in asserting claims for damages after a traffic accident against the opposing liability insurance company and, in particular, also take into account housekeeping damages in the case of a claim for damages for pain and suffering.
Competition law serves to protect competitors, consumers and other market participants from unfair business practices. At the same time, it protects the interest of the general public in undistorted competition. In this context, a variety of competitive actions can give rise to conflicts. Anyone acting in the course of business is affected. Disputes under competition law can arise, for example, in the case of misleading price information or advertising statements, exaggerated luring of customers or comparative advertising. Problems can also arise in connection with unauthorised sending of advertising. Market participants can also use competition law to protect themselves against imitation of their products if this deceives customers or exploits the good reputation of their own services.
The central law is the Unfair Competition Act (UWG). However, there are also provisions in numerous other laws, the violation of which can lead to an unfair and thus impermissible business act.
A violation of competition law usually results in a warning letter and damage compensation. In addition to the ability of associations to assert violations of competition law, it is incumbent upon market participants themselves to monitor whether competitors are creating a competitive advantage for themselves by violating legal provisions.
We support our clients in the examination of competition law infringements and help to optimise corporate processes in order to prevent their own infringements of competition law in advance.