Foto von Specialist lawyer for Gewerblichen Rechtsschutz, Specialist lawyer for Informationstechnologierecht, Elmar Kloss, Lawyer in Koblenz

Elmar Kloss

Lawyer
Specialist lawyer for Intellectual property law
Specialist lawyer for Information technology law


Koblenz
Anika Walter
0261 - 404 99 - 45
0261 - 404 99 - 65


Expertise

Advertising and competition law, trademark law, internet law, IT law, intellectual property law, copyright law, press law, general civil law

Honorary posts
Member of the Preliminary Examination Committee for Intellectual Property Rights of the Bar Associations of Koblenz and Zweibrücken

Awards




TOP Lawyer 2018 in IT law - WirtschaftsWoche 2018, also TOP Law Firm IT law - WirtschaftsWoche 2018. This with 46 other leading law firms andlaw firms and 71 highly recommended lawyers in the category for "The best lawyers for IT law" in the annual publication.

Memberships
Member of the German Association for the Protection of Intellectual Property (GRUR)



Member of the Banking Law Association.

Further training
"Repair instead of throwing away?" - Do patent, trademark, and copyright laws hinder the circular economy? (05/2025)

Procedural protection of secrets in the event of patent infringement: a comparative inventory (04/2025)

Current case law of the Federal Court of Justice on trademark law (04/2025)

"Dunkel war der Rede Sinn" – Protection of Civil Procedure Secrets after the entry into force of the new § 273a ZPO (04/2025)

Recent competition law decisions by the Cologne District Court (03/2025)

European protection of geographical indications and Swissness (03/2025)

The current development of the European Union trademark law (02/2025)

The new EU regulation on product safety (10/2024)

AI meets data protection (09/2024)

"Design package" before the start (06/2024)

Artificial intelligence in IP, personality and unfair competition law, as well as an overview of the AI Act. (06/2024)

Update GDPR - jurisdiction, supervisory authorities and much more (06/2024)

Litigation strategies in intellectual property (06/2024)

Fairness and trademark law problems of advertising bans (05/2024)

Current developments in intellectual property on the internet (03/2024)

Current developments in intellectual property rights in Internet law (03/2024)

Environmental claims, sustainability labels, early obolescence – what is sustainability advertising still allowed to do? (02/2024)

Environmental claims, sustainability labels, premature obsolescence – what is still allowed in sustainability-related advertising? (02/2024)

The current development of the European Union trademark law (01/2024)

The current development of EU trademark law in the case law of the ECJ and EGC in 2023, Part 2: Relative grounds for refusal, invalidity and revocation proceedings (01/2024)

The current development of EU trademark law in the case law of the ECJ and EGC in 2023, Part 1: Procedural law and absolute grounds for refusal (01/2024)

On international jurisdiction and applicable law in disputes concerning European Union trade marks and Community designs (07/2023)

Current developments in European Union trademark law (06/2023)

Artificial intelligence: legal protection and licensing in the cognitive age (06/2023)

all entries Current case law on copyright protection for everyday objects (04/2023)

Decisions of the Court of Justice of the European Union since January 1, 2022 on trademark law and design law, the legal classification and the consequences for German practice (04/2023)

IZG Expert forum on license agreements and patent law (03/2023)

9th Göttinger Forum IT-Recht - Right into the digital future: From data protection to cybersecurity (02/2023)

Personal rights on Facebook, Instagram and Co. - legal issues in connection with social media and the internet (02/2023)

Case law report on data protection law II 2023 (01/2023)

Case law report on data protection law I 2023 (01/2023)

Case law report on competition law 2023 (01/2023)

Case law report trademark law 2023 (01/2023)

Case law report on copyright law 2023 (01/2023)

IP management according to DIN 77006 (12/2022)

14th Jena Media Law Talks (11/2022)

The pitfalls and shoals of IT transitional service agreements (11/2022)

Interim injunction proceedings (in patent law) following the ECJ preliminary ruling C-44/21 (08/2022)

Artificial intelligence – current developments and contract design (06/2022)

Current developments in data protection law – TTDSG, rights to information and compensation (06/2022)

Legally compliant AI – design and testing (05/2022)

Current case law of the OLG Cologne on competition law (04/2022)

Current developments in internet law (04/2022)

Recent developments in international design protection (03/2022)

Patents and licenses in the event of insolvency (03/2022)

Current case law of the Federal Court of Justice on competition and trademark law (03/2022)

Battle of Forms - Competing Terms and Conditions in Multilateral Legal Comparison (03/2022)

The Unitary Patent System (03/2022)

The future of email marketing (02/2022)

Protection of classified information according to the German Act on the Protection of Classified Information and its limits (01/2022)
  Two and a half years after the Trade Secrets Protection Act (GeschGehG) came into force, the first court rulings with important statements on the interpretation of the law are now available. Accordingly, companies must make considerable efforts to fulfill the legal requirement of "reasonable confidentiality measures" in order to obtain protection for trade secrets. The lecture deals with the requirements that are establishing themselves as essential building blocks of a corporate protection concept.


Current decisions of the First Civil Senate of the Federal Court of Justice on competition law (12/2021)

Origin and practical consequences of the restriction of the flying court in § 14 Abs. 2 S. 3 UWG (11/2021)

Distribution of liability for intellectual property rights infringements in the supply chain (11/2021)

New contract law for digital content and digital services (Section 327 et seq. BGB - new): Effects on intellectual property law (11/2021)
  On January 1, 2022, the revised §§ 327-327u BGB will come into force, with which the legislature is implementing the Digital Content Directive 2019/770 into national law. The new provisions regulate the provision, warranty
and other questions of contract law in consumer contracts for computer programs, music and video streaming, computer games, social media, websites and other digital content and services.


Ten months of strengthening fair competition – is the reform already having an impact? (10/2021)
  On December 2, 2020, large parts of the law to strengthen fair competition came into force. The main objectives of the reform are to curb abusive warnings and to restrict the practice of flying venue by changing the law against unfair competition. An overview of the changes, their implementation and the case law that has already been handed down was provided.


The legal assessment of so-called influencer marketing (09/2021)

Patent law in the pandemic (08/2021)

Current issues in design law (07/2021)

The new TKG (06/2021)
  Description of the organizer:
The latest amendment to the Telecommunications Act, which implements far-reaching requirements of European telecommunications law, has brought about the following changes
O Introduction: Background, EECC, intersections with other areas of law (IT law, antitrust law, regulatory law, IT security law, data protection law)
O General revisions in the Telecommunications Act: new definitions, commitments, changes in market regulation, symmetric regulation and interoperability obligations, access obligations at higher network levels, comparative instruments, customer rights, emergency preparedness, fault clearance
O Network expansion: Functions of the central information office of the federal government, different information powers, proceedings concerning areas with an expansion deficit, authorization to issue ordinances
O Rights of way: approval procedure, intersections with other areas of public law, rights of joint use, interference with properties and buildings
O Shared use of public supply networks: differences to rights of way, compensation regulations, building connections, rejection, legal protection, co-installation, references to development law
Public safety: relevance to the ePrivacyVO, data protection law, extended security obligations, powers of the BNetzA, surveillance measures, obligations to cooperate and obligations to reproach


Website blocking: the new Copyright Clearing Agency for Internet (CUII) (05/2021)
  Description of the event by GRUR:
Copyright infringement via "structurally copyright-infringing websites" causes massive economic damage to the affected sectors of the creative industries every year by providing users with free access to copyrighted content. The operators of such websites regularly conceal their identities to prevent the law from being enforced. The European Court of Justice therefore ruled as early as 2014 that blocking websites is a permissible means of preventing copyright infringement via internet service providers. The German courts have largely followed this case law. In order to be able to offer an adequate solution for the future blocking of such sites, Internet access providers and rights holders in Germany have now agreed on a joint code of conduct entitled "Clearingstelle Urheberrecht im Internet" (CUII). With the involvement of the Federal Network Agency, a procedure has been developed through which access to "structurally copyright-infringing websites" can now be blocked out of court. The CUII is a joint office for rights holders and internet service providers (ISPs), which coordinates an independent review committee chaired by a former judge of the First Civil Senate of the Federal Court of Justice. If the CUII review committee unanimously recommends the DNS block along the lines of previous case law, the CUII forwards it to the Federal Network Agency (BNetzA) for review in a second stage. All applications are reviewed by the BNetzA under the provisions of the EU regulation on net neutrality. The first DNS blocks have already been issued against the structurally infringing websites s.to and canna.to and implemented by the Internet access providers.


Contractual penalties in intellectual property and competition law in the light of current case law and UWG reform (04/2021)
  Description of the organizer GRUR: The contractual penalty is of considerable importance for the effective enforcement of injunctive relief in intellectual property and competition law. In order to fulfill its preventive function and at the same time relieve the burden on the judiciary, the contractual penalty must have a deterrent effect. At the same time, it must not become a means of an abusive business model. The lecture will examine the basics of contractual penalties as well as current developments in intellectual property and competition law and offer comparative and economic perspectives. Finally, the effects of the current "Act to Strengthen Fair Competition" will be critically assessed.


Data license agreements (04/2021)
  Even though data as such is not protected by intellectual property rights, it is indisputably a highly valuable asset in the Internet economy. The legal formulation of the use of data is a challenge that requires expertise in various fields of law. On the one hand, this is fundamentally a matter of contract law, but on the other hand, it is a matter of intellectual property law, with significant difficulties arising from the fact that data is not a classic intellectual property.


Marketing in social media after the amendment of the Audiovisual Media Services Directive (03/2021)

Copyright and neighboring rights in AI-generated works (03/2021)

Upload filter: Yes, no, maybe? The implementation of the DSM directive in Germany (03/2021)

With justice into the digital future - rules for the digital transformation (02/2021)

Recent developments in the case law of the EUIPO Boards of Appeal (02/2021)

The current case law of the BGH on competition law and trademark law (02/2021)

Jena lecture on industrial property rights and copyright (01/2021)

Specialist forum on the protection of trade secrets (11/2020)

German FRAND practice – in line with EU law? (11/2020)

Anti-Anti-Suit-Injunction - Defense against a "hostile takeover" of FRAND proceedings (11/2020)

International data transfers after the Schrems II ECJ decision: where do we stand? (11/2020)

Legal framework of a European Data Economy (10/2020)

Tests and acceptance in IT projects (09/2020)

IT compliance in the (increasingly) digitalized law firm (06/2020)

Virtual German Lawyers' Day 2020 (06/2020)
  Current affairs program on the topic of data protection – two years of GDPR – an interim assessment – significance in and for consulting practices and companies

  • News from the courts, data protection supervisory authorities and on fines
  • Possibility of issuing written warnings for GDPR violations
  • GDPR and employee data protection


Interfaces between intellectual property law and IT law - an overview of case law (05/2020)
  with the following content:
  • Infringements of competition and trademark law
  • Use of photographs
  • Copyright infringements
  • Who is liable for competition law infringements?
  • Inadmissibility of advertising claims
  • Abusive assertion of competition law claims


UWG and Corona (05/2020)

Effective handling of GDPR and BDSG in practice (05/2020)
  Description of the organizer:
Data protection law is becoming increasingly important in legal practice, especially in the areas of e-commerce and marketing. The General Data Protection Regulation has further increased the demands on companies. This applies all the more since the applicable provisions on fines can lead to severe legal consequences. The event will focus on the practical implications of the GDPR and the new Federal Data Protection Act (BDSG), with topics including employee data protection, the specifics of outsourced data processing,tasks of the data protection officer, the liability of the data protection officer, the tasks of the supervisory authorities, supervisory measures and typical weak points in the handling of customer data and in particular on websites).


Current developments and the latest case law from the ECJ and CFI on EU trademark law (04/2020)

New (EU) guidelines in e-commerce and copyright law, as well as the latest on data protection. (01/2020)

The current case law of the Federal Court of Justice on competition law (11/2019)

Dos and Don'ts in Trademark and Competition Law at the Hamburg District Court (10/2019)

German and European antitrust law: fundamentals and current developments at a glance (08/2019)

Digital labor law – employment in transition (06/2019)

Update on Internet and domain law (06/2019)

Injunctions and Flexibility in Patent Law (04/2019)
 
  • Economic foundations, civil & common law perspective
  • Injunctions and proportionality
  • Recent research
  • The scope and style of injunctions
  • Injunctions and medical use
  • Injunctions and FRAND


Current developments and problems in IT law (03/2019)

Update on copyright and media law (09/2018)

Data protection and justice – challenges for jurisdiction and court administration (09/2018)
 
  • The judicial enforcement of the GDPR between consistency and intensity
  • Fine proceedings under the GDPR – paper tiger or sharp blade?


Update on Internet law – in particular the 2018 General Data Protection Regulation (09/2018)

7th Speyer Forum on the Digital Environment - Digital Self-Determination in the Context of Innovative Data Use and Data Protection (04/2018)
 
  • Artificial intelligence and prospects for public administration
  • Digitization of the selection of applicants: admissibility of video interviews?
  • Communication of public bodies in social networks, Facebook, Twitter and Co.
  • Adaptation of the specialized laws to the DSGVO


Current developments and issues in IT law (04/2018)

15th Karlsruhe IT Law Day (03/2018)
 
  • IT and data criminal law
  • Current risks of IT-based business processes
  • GDPR in contractual practice: specific need for customization for ADV´s
  • Current case law of the Federal Court of Justice in the IT sector


Terms and conditions for commercial transactions (02/2018)

The current case law of the Federal Court of Justice on competition law (02/2018)
  with the topics:

1. disparaging and denigrating business relationships of competitors and denunciation according to § 4 Nr. 1 and 2 UWG

2. Unfair competition law protection of services (§ 4 No. 3 UWG)

3. Deliberate obstruction (§ 4 No. 4 UWG)

4. Infringement of market conduct rules (§ 3a UWG)

5. Misleading, comparative and harassing advertising

6. Liability of the offender and participant, liability of organs of legal entities, liability for employees and agents (Section 8 (2) UWG)


Data ownership? Cyber Security Day at the Koblenz Chamber of Commerce and Industry and the University of Koblenz-Landau (09/2017)

Current developments in competition law 2017 (09/2017)

News from the field of intellectual property and copyright – the new copyright contract law (06/2017)

Competition law: current practice and the 9th amendment to the German Act against Restraints of Competition (04/2017)

WLAN from networks and laws (04/2017)

Legal violations – copyright and competition law issues in the age of the internet (03/2017)

ONLINE PLATFORMS AND INTERMEDIARIES IN COPYRIGHT LAW (03/2017)

Current case law on liability in social media (03/2017)

Current developments in IT law (02/2017)

International Data Protection Standardization: Identity Management, Privacy, Technologies and "Privacy by Design?" (01/2017)

Informal self-determination and its enemies (12/2016)

New requirements for the protection of know-how and trade secrets (11/2016)
  Topics:
  • Trade secret protection de lege lata
  • The EU Trade Secrets Directive
  • non-disclosure agreements


The current case law of the Federal Court of Justice on competition law (11/2016)
  with the topics:

1. experiences with the new UWG
2. the disparagement and denigration of business relationships of competitors
3. protection of services under competition law
4. targeted obstruction
5. violation of market conduct regulations
6. misleading, comparative and harassing advertising
7. liability of the perpetrator and participant, liability of bodies of legal persons, liability for employees and agents
8. further selected procedural issues
10. damages according to § 945 ZPO
11. interfaces between competition, trademark, design and copyright law


UPDATE - Internet law and the General Data Protection Regulation (09/2016)

"IP Criminal Law" Criminal law protection of intellectual property – claim and reality (09/2016)

Employee protection rights in the creative industries (07/2016)

Internet and telecommunications technology (06/2016)

Copyright, trademark and design law (04/2016)

The latest developments and current case law in copyright and design law (03/2016)

What actually is software today? - Modern computer programs in the light of 69a UrhG (02/2016)

Word and image reporting in the press (11/2015)

Generate marketing opt-ins via mobile apps and social media – webinar (09/2015)

Social media law in companies – webinar (09/2015)

Current developments in competition law 2015 (09/2015)

News from intellectual property and copyright law - contract negotiations and ADR (Alternative Dispute Resolution) (07/2015)

Current case law of the Federal Court of Justice in competition and trademark law (06/2015)

In the second year after Snowden, what have we learned and is protection even possible? – Workshop – (06/2015)

Special features of the IT process (03/2015)

Corporate data in the sights of cybercriminals and intelligence services – the planned IT Security Act (02/2015)

Data protection in the employment relationship (02/2015)

Karlsruhe Dialogue on Technology and Law "Patents and Free Competition – A Contradiction?" (11/2014)

Current developments in competition law 2014 (10/2014)

Software audits and audit clauses in license agreements (06/2014)

Update on copyright law (06/2014)

Current case law of the Federal Court of Justice in competition and trademark law (05/2014)

Legal issues on the internet (03/2014)

Case worker meeting of the Lower Franconia police headquarters on the topic of cybercrime (01/2014)

3rd Press Law Forum (01/2014)

On truths and sensational reporting: the role of the media and the role of the public prosecutor's office (11/2013)

"Smart Devices – future or curse?" (06/2013)

Current case law of the Federal Court of Justice in competition and trademark law (06/2013)

"LawCamp" (04/2013)

"Protection of personality against statements on the internet" (04/2013)

Update Internet law (03/2013)

IT law, specifically and up to date (12/2012)

The new employee data protection law (12/2012)

Specialist forum on patent law – know-how protection of the IZG (11/2012)

The new world economic order, intellectual property and the challenges for Europe (11/2012)

Partially prepared for defense – companies in cyberspace – security risks and defense strategies in the online world (09/2012)

2nd IT Law Day NRW (09/2012)

News from the field of intellectual property and copyright. (06/2012)

3. German LawCap on IT law (06/2012)

Press Law Forum 2012 (02/2012)

Know-how protection in the company (12/2011)

Protection of intellectual property as an obstacle to development? - International legal enforcement under ACTA and the concerns of developing countries (11/2011)

News from trademark law: Case law of the Federal Patent Court (11/2011)

Cybercrime: the latest on computer and internet criminal law (11/2011)

1st IT Law Day NRW (09/2011)

2nd German LawCamp on IT law (04/2011)

"Karlsruhe Dialogue on Information Law" - "On the private-law construction of access rules by intermediaries" (02/2011)

Questions regarding the application for injunction in copyright and competition law suits (02/2011)

Languages
English

French

Italian

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