The end of greenwashing? – Focus on the 3rd UWG Amendment Act (11/2025)
Current case law on competition law on the Internet (11/2025)
Fake ads, fake profiles, real damage: Focus on law enforcement and platform liability (10/2025)
Artist contract models in the music industry (focus: exploitation of artist-related ancillary rights) (09/2025)
Trends and best practices in the global fight against piracy (10/2025)
Current case law and legislation in IT law (10/2025)
Interfaces between industrial property rights and IT law – an overview of case law (10/2025)
Update data protection (10/2025)
Current case law of the European Court of Justice on data protection (07/2025)
AGEM Workshop Discussion – "Pastiche as the savior of artistic freedom?" (07/2025)
AGEM Forum AI (06/2025)
With the lectures:
- AI in the legal profession
- AI use in marketing and HR
- Showcase Anita – AI-supported legal research
- Artificial intelligence in journalism
- The AI Act in implementation
AI assistant meets DAT agenda (06/2025)
"Repair instead of throwing away" - Do patent, trademark, and copyright laws hinder the circular economy? (05/2025)
From the organizer's announcement:
A central motto of the circular economy is: "Repair instead of throwing away." Directive (EU) 2024/1799 gives consumers a right to repair vis-à-vis manufacturers of goods. But intellectual property rights are potential troublemakers. The manufacture and distribution of spare parts prima facie infringe on property rights, but only in design law does a repair clause allow these actions, while in trademark and copyright law there is no comparable restriction. The resale of repaired or reconditioned products falls within the scope of the principle of exhaustion, but the distinction between repair and new manufacture can be difficult. In addition, the trademark owner can oppose resale if there are "justifiable reasons," especially if the product has been modified. However, this is usually the case with repair and upcycling. In European patent law, too, the principle of exhaustion has recently been subject to a similarly worded barrier. The presentation analyzes the limits that intellectual property law—trademark law, patent law, and copyright law—places on repair and upcycling, and raises the question of whether European intellectual property law sufficiently takes into account the interest in repair or whether there is a need to introduce an affirmative "right to repair."
Procedural protection of secrets in the event of patent infringement: a comparative inventory (04/2025)
From the organizer's announcement:
Parties can dispute patent infringements before German courts, the supranational EPG, or private arbitration tribunals. In such proceedings, the procedural protection of trade secrets of the alleged patent infringer can be of particular importance. But what confidentiality measures are available in each case, and what level of protection do they offer?
The new law of AI (03/2025)
Topics:
- The significance of AI
- The regulation of AI: The AI Act
- Liability for AI: Dual regulatory framework?
- Assessment and outlook
Online marketing and data protection (12/2024)
Update data protection (12/2024)
The current case law on individual claims in data protection law (12/2024)
from the organizer's announcement:
The so-called "privacy litigation" has finally arrived in the German courts in recent years. Not only are the supervisory authorities becoming more and more active, but those affected are also increasingly defending themselves against alleged data protection violations. The enforcement and defense of such individual claims is the subject of this LIVE online lecture. In particular, we will look at which claims are typically enforced and defended in court. Further focal points are the procedural particularities of these proceedings as well as possible legal enforcement by third parties.
Online marketing and data protection (11/2024)
Topics of the event:
- Tracking using cookies and other methods
- Integration of external content
- Newsletter marketing and social media
- Inquiries and claims from data subjects who make claims against companies for information, deletion, omission and compensation.
Contract negotiations and contracts for IT services with the public sector (11/2024)
Current developments in intellectual property law for the digital economy (10/2024)
According to the provider, topics include
- New case law of the BGH and ECJ on the copyright protection of design and texts
- Special features of trademark law on the Internet (Google third-party information, dealer names, insolvency)
- Implementation of the EU Copyright Directive and its contractual consequences/network blocking
- Current case law of the ECJ, BVerfG and BGH (e.g. on influencing, liability on the internet, protection of software and secrets)
- Current developments in data protection law (damages, right to information, ePrivacy, USA)
- The new Anti-Dunning Act 2020 - New judgments
- New laws in 2023 (the Supply Chain Duty of Care Act, the change in product liability in Europe, the new generation of EU standard contractual clauses, the EU data strategy)
- Direct marketing business models in accordance with the UWG, BDSG and General Data Protection Regulation
Legal issues for media and digital companies - Current challenges - Event series Technology, Media, Competition and Law (10/2024)
Current case law and legislation in IT law (10/2024)
Creative Commons licenses (09/2024)
all entries
Current EV proceedings: how long does a game of ping-pong last? (07/2024)
Fairness and trademark law problems of advertising bans (06/2024)
from the organizer's announcement:
The discussion about advertising bans repeatedly raises central issues of unfair competition law as well as trademark law. These problem areas will be illustrated using the currently discussed drafts for a so-called Children's Food Advertising Act as an example.
Forum DSA (Digital Services Act) (06/2024)
with presentations and discussions on the following topics
- DSA - The new obligations for platforms and search engines in practice
- The new complaint, notification and redress procedures for platform operators - and what needs to be considered when enforcing claims
- Civil procedural peculiarities in the enforcement of claims under the DSA - initial findings
- The ultimate standard of liability - the duty of care under the DSA Duty of care, UWG, platform liability and third-party content
- Regulatory enforcement: tasks, role and enforcement instruments of the BNetzA
Environmental claims, sustainability seals, premature obsolescence - What is sustainability-related advertising allowed to do? (02/2024)
From the organizer's announcement:
The speaker will give an overview of the upcoming changes to the Unfair Commercial Practices Directive. He will highlight cross-references to the proposed directive on the justification and communication of explicit environmental claims. The lecture will provide an opportunity to gain first-hand insights into the considerations behind the new regulations and to discuss the strengths and weaknesses of the regulations as well as their impact on practice.
Digital Services Act - New tools for law enforcement, especially in the IP area? (01/2024)
Update data protection (10/2023)
Current case law on competition law on the Internet (10/2023)
IT law in legal practice (10/2023)
from the organizer's announcement:
Questions of IT law arise in practice in a variety of constellations. It can be observed that there are only a few legal IT disputes in the narrower sense. The speaker will shed light on various current issues of IT law from a practical perspective and also explain why some court proceedings are necessary in IT law and why many IT law disputes are not suitable for court proceedings.
The focus will be on the interface between data protection, IT and intellectual property law (see Section 14k No. 1, No. 2, No. 3, No. 4 and No. 9 FAO). The speaker will also discuss current ECJ rulings and pending ECJ proceedings.
Competitive advantages through the use of artificial intelligence - A discourse on the opportunities and challenges of ChatGPT & Co for the legal profession (09/2023)
from the organizer's announcement:
ChatGPT and generative AI are on everyone's lips and have turned job profiles upside down within months. Many entrepreneurs are asking themselves the crucial question: How will my product, my advice and I remain relevant in the future? What competitive advantages will the use of AI bring? Because if you don't move with the times, you'll move with the times. Discuss with us how the legal profession will change as a result of advancing technological change and learn about illustrative practical examples. Concrete, relevant and highly topical.
A European Data Law - Effective lever for innovation "Made in Europe" or toothless paper tiger? (09/2023)
from the organizer's announcement:
With its proposal for a Regulation on harmonized rules for fair access to and use of data (Data Law), the EU Commission wants to promote access to and use of data for (connectivity) innovation. As the Commission believes that most data remains unused, the economic potential of this data is not being fully exploited. The purpose of the Data Act is therefore to create better opportunities for the further use of IoT user data and to remove obstacles to the development of the European data economy.
From the perspective of intellectual property and data protection law, the Data Act poses fundamental challenges. The presentation will therefore critically examine whether the objectives pursued by the Data Act can be achieved on the basis of the proposed mechanisms. In this context, legal conflicts, in particular regarding the protection of databases, trade secrets and personal data, will be identified and possible solutions will then be put up for discussion.
Distribution and operation of digital products - issues relating to §§ 327 ff. BGB (08/2023)
from the organizer's announcement:
Digital products are omnipresent in our everyday lives and the ever-increasing digitalization affects all areas of life. From the EU's point of view, this necessitated a new consumer protection law (Digital Content Directive (EU) 2019/770), which the German legislator implemented in Sections 327 et seq. BGB, which came into force on 1 January 2022. However, this does not regulate the matter solely or conclusively.
The seminar focuses on the practice of advising on matters that fall within the scope of application of consumer protection law under Sections 327 et seq. BGB. The focus is not only on the specific act of sale and its legal consequences, but also on the subsequent operation of the products. The ongoing relationships between the parties are usually of a contractual nature at first glance if certain functions are only available for a certain period of time. More and more frequently, however, they also appear to be of a purely factual nature, e.g. because an app or an IoT device was simply "sold" once, but then (not always recognizable to the customer at first glance) communicates continuously with a server operated by the provider. From the provider's perspective, this raises related questions and issues that are not regulated in the German Civil Code.
Update data protection (08/2023)
from the organizer's announcement:
The seminar series provides an ongoing in-depth insight into data protection law, in particular current developments in the areas of legislation, case law and administrative practice of the supervisory authorities.
The ECJ, as the driving force behind European integration and legal harmonization, is increasingly concerned with data protection law. Its case law shows that European law is an autonomous subject whose understanding is not always congruent with traditional legal opinions of German law. From time to time, this leads to European law enacted by regulation having the consequence that conflicting German law is no longer applicable - regardless of the fact that practitioners in Germany are used to it and that it is even still word-for-word unchanged in German law.
The current development of European Union trade mark law in the case law of the ECJ and the General Court in 2022/2023; Part 2 Relative grounds for refusal of protection, invalidity and revocation proceedings (06/2023)
From the organizer's announcement: "In both years, the European Court of Justice has ruled in over 400 decisions on the descriptive character of CASSELLAPARK for real estate (T-701/21) and the collective mark EMMENTALER for Emmental. the collective mark EMMENTALER for Emmentaler cheese (T-2/21), the distinctive character of the figurative mark uni for writing instruments (T-369/21), the lack of distinctive character of three-dimensional marks and design marks and the deceptive character of the figurative mark La Irlandesa 1943 for foodstuffs (T-306/20). It also dealt with numerous cases of likelihood of confusion and bad faith.
The ECJ allowed two appeals on the question of whether opposition proceedings should be continued even if the earlier UK trade mark has lost its effect in the EU as a result of BREXIT (C-801/21 P and C-337/22 P). In landmark judgments, it has ruled on the questions of the termination of acquiescence (C-466/20 P) and the existence of counterclaims (C-256/21 P)."
The current development of European Union trade mark law in the case law of the ECJ and the General Court in 2022/2023; Part 1 Procedural law and absolute grounds for refusal (06/2023)
From the organizer's announcement: "In both years, the European Court of Justice has ruled in over 400 decisions on the descriptive character of CASSELLAPARK for real estate (T-701/21) and the collective mark EMMENTALER for Emmental. the collective mark EMMENTALER for Emmentaler cheese (T-2/21), the distinctive character of the figurative mark uni for writing instruments (T-369/21), the lack of distinctive character of three-dimensional marks and design marks and the deceptive character of the figurative mark La Irlandesa 1943 for foodstuffs (T-306/20). It also dealt with numerous cases of likelihood of confusion and bad faith.
The ECJ allowed two appeals on the question of whether opposition proceedings should be continued even if the earlier UK trade mark has lost its effect in the EU as a result of BREXIT (C-801/21 P and C-337/22 P). In landmark judgments, it has ruled on the questions of the termination of acquiescence (C-466/20 P) and the existence of counterclaims (C-256/21 P)."
Risk of confusion - construction sites (06/2023)
From the organizer's announcement: "The assessment of the likelihood of confusion is still one of the most difficult questions in trademark law. But where is the course actually set? Which problem areas have been clarified? Where are the differences between the assessment in Germany and in Alicante? And where do the results of the decisions appear unpredictable or even arbitrary?"
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 - Part 2 (06/2023)
Of apple trains and car rims - on international jurisdiction and applicable law in disputes over European Union trademarks and Community designs (05/2023)
from the organizer's announcement: "While the Unified Patent Court will have jurisdiction for disputes concerning unitary patents from 1 June 2023, jurisdiction for disputes concerning EU trade marks and Community designs will remain with the courts of the Member States. In cross-border disputes, the choice of forum has a significant impact on the outcome of the dispute. The lecture discusses the special features of international procedural law under the EUTMR and CDR as well as Art. 8 Rome II Regulation, taking into account recent case law."
Folding bikes, jeans and birthday trains....but is it art? (04/2023)
From the content description of the organizer: "The case law on copyright protection for everyday objects is in flux. But what are the (supposedly) new standards? In an interactive lecture, this question will be analyzed in more detail - based on the case law of the ECJ and the BGH, but in particular also on the current case law of the lower courts."
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 - Part 1 (04/2023)
Beyond good taste: permissibility and limits of satire - also on the limitation provisions of Section 51a UrhG (03/2023)
The current development of European Union trademark law and the case law of the ECJ and the General Court 2021/2022 - Relative grounds for refusal of protection, invalidity and revocation proceedings (06/2022)
From the organizer's announcement:
The ECJ and EGC have set further important milestones with new decisions. For example, the ECJ has allowed an appeal on the question of whether opposition proceedings should continue even if the earlier British trademark has lost its effect in the EU due to BREXIT (C-801/21 P).
Among other things, the EGC the trade markability of the color combination grey and orange on chainsaw housings (T-193/18 P).(T-193/18), the distinctiveness of geographical indications (WINDSOR-CASTLE, T-93/20), a lipstick shape (T-488/20), wavy lines on shoe soles (T-365/20), a sound mark (T-668/19), design marks such as trident stars (T-277/21) and a generic term (K-9, T-878/19). It has also dealt with numerous cases of likelihood of confusion, including collective and certification marks, as well as bad faith, but also with the question of the protective effect of earlier British trademarks in the Union after BREXIT.
Current case law of the ECJ and BGH on trademark law (05/2022)
Current case law of the OLG Cologne on competition law (04/2022)
Cologne IT Law Days 2022 - Drafting IT contracts: BGB reform, IT security & AI (03/2022)
Topics at a glance
- §§ 327 ff. BGB: a new digital contract law?
- The new definition of defects in the BGB in IT and software law
- Findings/consequences for B2B - beyond Section 327u BGB?
- Clauses on the liability of IT service providers in the event of cyberattacks
- Liability for artificial intelligence under future European law
In detail:
§§ Sections 327 et seq. BGB: a new digital contract law?
- Digital vs. analog law: When are which regulations applicable?
- Warranty, right of recourse and co.: Which regulations are known from analog law?
- Update obligation, "paying with data" and co.: Which digital regulations are actually new?
The new BGB definition of defects in IT and software law
- New version of the concept of defects for digital products, goods with digital elements and other consumer goods
- Contractual drafting options in B2B and B2C contracts as well as in general terms and conditions and individual contracts
- Special challenges for IT and software contracts: updating, installation and supply chains
Obligation to update digital products and goods with digital elements
- DPA or post-contractual obligation? (see Heydn, CR 21, 711, footnote 18)
- Duty to update: period pursuant to section 327 (1) no. 2 > GTC design
- IT security as part of the obligation to update
Amendment powers, Section 327r and GTC design - from law and technology
a) Bug or feature? Amendments pursuant to Section 327r BGB from a technical perspective
- Types of changes to digital products
- Differentiation between Section 327e BGB ("product defect") and Section 327f BGB ("updates")
- Motivation of the entrepreneur to "roll out" changes in accordance with Section 327r BGB
- Solution approach: Consumer-specific adaptability of the digital product
b) What powers does the entrepreneur have under Section 327r?
- What are "changes" from a legal perspective?
- Requirements for "valid reasons" for the change
- Clause design and relationship to GTC control, in particular Sections 307, 308 No. 4, 5 BGB
- Effects of BGH judgment of. 27.4.2021 - XI ZR 26/20 (fictitious consent in bank GTCs) on Section 327r BGB
Liability for artificial intelligence under future European law
- Liability and control: manufacturer liability vs. user liability
- The European Parliament's draft regulation on civil liability for artificial intelligence - strict liability, fault-based liability, front-end and back-end operators
- The European Commission's plans following the consultation on civil liability for artificial intelligence
- The Commission's draft law on artificial intelligence - regulatory structures and liability risks
Findings/consequences for B2B - beyond Section 327u BGB?
- The new provisions of Sections 327 et seq. BGB as a codification of existing contractual obligations - exclusively for consumer contracts?
- The right to secure software in the SaaS contract until 31.12.2021 - applicability of previous case law for the interpretation of Section 327e (3) No. 2 BGB?
- Why were these contractual obligations only codified for consumer contracts?
- Is this codification groundbreaking for B2B transactions or not?
- B2B T&Cs in particular: The contents of the new consumer protection law as "essential" elements within the meaning of section 307 (2) nos. 1 and 2 BGB - new mandatory law within the meaning of Art. 3 and 4 Rome I Regulation?
- Enforceability in international business relationships
Data protection law and contracts for digital products - an attempt at synchronization?
- Personal data as a contractual object of performance
- The permissions of the GDPR in the scope of application of Sections 327 et seq. BGB
- § Section 327q BGB: Separation instead of synchronization?
- (Im)possibilities of contractual design
Tensions between the new contract law for digital products and copyright law
- Provision of digital content from a copyright perspective
- Updating obligation and exhaustion of the distribution right
- Liability for product defects and provision obligation under the Portability Regulation
Responsibility/liability of the IT service provider in the event of cyberattacks:
a) Security as a technical standard for outsourcing and cloud
- Cloud vs. on-premises solutions
- Threats and attacks are the new normal
- (Shared) responsibility for security
- Security measures of cloud and outsourcing providers
- Encryption - a must for data storage and data access?
b) Security from a legal perspective
- Forms of responsibility/liability of the IT service provider
- Legal and regulatory basis for cyber security
- Importance of "state of the art", standards and "best practices"
- Notes on contract design for outsourcing / IT contracts - clauses in the contract, general terms and conditions and B2B in particular
Current case law of the BGH on competition law and trademark law (03/2022)
with the topics:
I. Key aspects of substantive competition law
- Violation of market conduct regulations (§ 3a UWG)
- Significance of the general clause of Section 3 (1) and (2) UWG
- §Section 3 (3) UWG and case constellations for blacklisting
- Disparagement and denigration of competitors (Section 4 No. 1 and 2 UWG)
- Aggressive business practices (Section 4a UWG)
- Misleading, comparative and harassing advertising (Sections 5, 6 and 7 UWG)
- Breach of information obligations (Section 5a UWG)
- Liability of the perpetrator and participant, marketing obligations under competition law
- Innovations through the law to strengthen consumer protection in the
II Focus on competition procedural law
- Determination of the subject matter of the dispute
- Scope of claims and judgment formulas
- Standing to sue and entitlement to claim
- Unlawful exercise of rights
- Determination of injunctive relief
- Current problems of the injunction procedure
- Procedural equality of arms
- Experience with the Act to Strengthen Fair Competition
III Focus on trademark law
- Registration and nullity proceedings as well as admissible appeals, trademark applications in bad faith and breach of good faith
- Trademark use, likelihood of confusion in the case of composite signs and complex conflicts of signs, protection of well-known trademarks and collective marks
- Barriers to protection of trademark rights
- Protection of geographical indications
- Special features of EU-wide property rights, comparison of the Union trademark and the national trademark
- Trademark law procedural issues
New data protection in e-commerce (02/2022)
Content (description of the organizer):
- New TTDSG and cookies
- Legal situation regarding tracking and targeting
- Tools from the USA: third country transfers and new standard data protection clauses
- Personalization in email marketing
- Competitions and data protection
The seminar will discuss the current legal situation regarding data protection in online business. The speakers will deal with the new TTDSG and the effects on the requirement for consent for cookies. When is a cookie absolutely necessary? Various options for action will be discussed using concrete examples.
It also deals with the tracking of visitor movements and targeted advertising. Which measures require the user's consent and what form must such consent take?
The EU Commission has finally published new standard data protection clauses to justify the transfer of data to other EU countries. How are these to be applied in the online context and what specific additional measures may need to be taken?
What are the requirements for personalization in online marketing? How can measures requiring consent be distinguished from personalization that can be based on legitimate interests?
Finally, it is about competitions, the supposed prohibition of linking and the question of the correct form of an associated advertising consent.
One year of strengthening fair competition - What has the reform achieved so far? (02/2022)
from the organizer's announcement:
On December 2, 2020, large parts of the law to strengthen fair competition came into force. The main objectives of the reform include (1) curbing abusive warnings and (2) restricting the flying jurisdiction. This is to be achieved through amendments to the Unfair Competition Act. The lecture event will provide an overview of the changes and their implementation.
Major reform of the law of obligations - The new sales contract law as of 01.01.2022: Need for action in legal practice (01/2022)
with the topics:
- The most significant reform of the BGB since the major reform of the law of obligations in 2002
- Four central proposed changes to the BGB law of obligations:
1. law on fair consumer contracts
- Amendment of the regulations on tacit contract extensions
- Prohibition of disadvantageous assignment clauses in general terms and conditions
- Online terminability of continuing obligations concluded via a website by means of a termination button
2. changes as a result of the implementation of the Modernization Directive
- General information obligations regarding rankings on online marketplaces and comparison portals
- Changes/additions to the regulations on the expiry of the right of withdrawal
3. consumer contracts for digital products (implementation of the Digital Content Directive)
- Definitions of consumer contracts for digital products and package contracts
- Obligation to provide and rights in the event of failure to provide
- Freedom from defects/conformity with the contract/warranty for digital products
- Update obligation
- Changes to digital products
- Contractual consequences of data protection declarations by the consumer
- Chain of recourse (special provisions between traders)
4. new law on the sale of goods (implementation of the directive on the sale of goods)
- New regulation of the concept of material defects
- Agreement on quality
- Goods with digital elements
- Dispensability of setting a deadline for withdrawal/reduction
- Reversal of the burden of proof
- Guarantees
Employee Invention Law - Current Developments in Case Law and Arbitration Board (09/2021)
Content:
- Group-related decisions,
- Assignment and remuneration-related significance of assignments, inter alia in light of the fesoterodine hydrogen fumarate decision of the BGH of 17.12.2019, Ref. X ZR 148/17,
- GTC control for rights purchase and flat-rate remuneration agreements,
- Burden of presentation and proof in the area of co-inventorship
- Decisions relevant to remuneration.
22nd Autumn Academy of the German Foundation for Law and Informatics 2021 (09/2021)
with the topics heard
- Don't mess up my data! Does a breach of the GDPR entitle extraordinary termination in accordance with Section 314 BGB?
- Data protection update
- Legal tech debt collection law: effects in consumer and IT law
- Software as a digital product - what do the new legal regulations mean?
- Intellectual property law update 2021
- Update IT contract law
- Without cookies - without consent? Does a consent banner become obsolete if fingerprint technologies are used?
- Effectiveness of B2B T&Cs for software contracts - typical problems with international contracts
- Update on IT security law
- Art. 22 GDPR, Art. 1 CFR and HAL 9000 - the ban on automated decision-making in the GDPR
- Privacy by design: A joint challenge for IT, engineers and managers to effectively implement data protection law
- Current developments in the data protection assessment of IT security incidents
- Telecommunications law update
- Traditional change management for agile IT projects?
- Due diligence under data protection law
Two years of the Trade Secrets Act - First experiences in practice (05/2021)
from the organizer's announcement:
"Two years after the Trade Secrets Act came into force, there are the first meaningful decisions on key points of the new law. These include the appropriate confidentiality measures now required for the protection of secrets as well as answers to questions regarding the procedural protection of secrets. The presentation will provide an insight into the current status of case law on these points, among others. In particular, the practical difficulties of implementing effective protection of secrets will be discussed and both the prosecution of claims under civil law and current problems of criminal proceedings will be examined."
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.
International jurisdiction and applicable law in media and IT law and intellectual property law (04/2021)
Content:
- International media and IT contract law, in particular:
- Contracts for digital content and services
- Consumer matters
- Choice of law agreements
- Problems of IPR of non-contractual obligations in international media, IT and intellectual property law: ubiquity principle and forum shopping
- IPR of violations of personality rights in press, broadcasting and internet offenses
- International private data protection law
- International intellectual property law, in particular trademark and copyright law
- IPR of unfair competition
Relative grounds for refusal of protection, nullity and revocation proceedings, procedural decisions and trademark rights (03/2021)
New procedural rules and absolute grounds for refusal of protection (03/2021)
Civil procedural problems in the assertion of claims for damages due to data protection violations in data processing with several parties involved (02/2021)
The current case law of the BGH on competition law and trademark law (02/2021)
with the topics:
Current BGH case law on competition law
1. protection of services under competition law (§ 4 No. 3 UWG)
2. targeted obstruction (Section 4 No. 4 UWG)
3. violation of market conduct regulations (Section 3a UWG)
4. misleading, comparative and harassing advertising, withholding of essential information (§§ 5 to 7 UWG)
5. significance of the general clause of Section 3 (1) and (2) UWG
6. § 3 para. 3 UWG and case constellations for the blacklist
7. liability of the perpetrator and participant, liability of organs of legal persons, liability for employees and agents, abusive prosecution and unauthorized exercise of rights
8. subject matter of the dispute and core theory in competition law, disposition maxim and scope of review by the court; certainty and purpose of claims
9. scope of injunctive relief, subsequent claims for information and damages
10. current case law on warnings; termination of cease and desist agreements
11. cross-border issues
12. new decisions on injunction proceedings
13. effects of the law to strengthen fair competition
Current BGH case law on trademark law
1. registration and nullity proceedings as well as appeals without leave to appeal, trademark application in bad faith and breach of good faith
2. trademark use, likelihood of confusion in the case of composite signs and complex sign collisions, independently distinctive status of sign components, protection of well-known trademarks and collective marks, test and quality seals
3. barriers to protection of trademark rights
4. protection of geographical indications
5. special features of EU-wide property rights, comparison of EU trademark and national trademark
6. procedural issues in trademark law
Redbubble.com - a new variant of platform liability (01/2021)
Trademark searches on the Internet - under or out of the trademark owner's control? (12/2020)
from the content:
Brands are the oil of online commerce. All techniques for creating visibility on the web (metatags, AdWord ads, platform search engines, price comparison portals) cannot do without brands. Are the rules established by case law sufficient and effective? Or do we have to conclude that there is hardly anything left of the trademark owner's exclusive right on the Internet?
IT compliance in the (increasingly) digitalized law firm (06/2020)
Legal tech and ZPO in mass proceedings under capital market law (06/2020)
Cloud applications for law firms and useful apps (06/2020)
Topical hour on data protection - 2 years of GDPR - an interim assessment - significance in and for consulting practice and companies (06/2020)
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
Effective handling of GDPR and BDSG in practice (05/2020)
Description of the organizer:
The importance of data protection law is constantly increasing in consulting practice, especially in the area of e-commerce or marketing. The General Data Protection Regulation has further increased the requirements for companies. This is all the more true as 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 BDSG: "Employee data protection", "Special features of commissioned data processing", "Tasks of the data protection officer", "Liability of the data protection officer", "Tasks of the supervisory authorities", "Monitoring measures" and "Typical weak points when handling customer data and websites in particular".
Current developments in copyright law and their consequences in intellectual property law (online) (04/2020)
Current developments in internet law / e-commerce law (03/2020)
The current case law of the Federal Court of Justice on competition law (11/2019)
Autumn Academy of the German Foundation for Law and Informatics (09/2019)
Panels attended:
- Knowledge generation through open source intelligence - data protection regulation of algorithmic decision-making processes
- Data protection transparency of algorithmic decisions and processing using gamification, flowcharts and pictograms
- Automated credit decisions. A comparative analysis of the (data protection) legal framework in Germany and Austria
- Dynamic pricing: algorithms between economics and data protection
- AI in the application process - data protection challenges
- The Future of Legal Tech - How digital issues are shaping compliance advice
- GDPR - assessment after 15 months
- Model declaratory action, the ability to issue warnings and the GDPR - Is the "wave of warnings" now getting underway?
- Compensation for unlawful data processing - an overview
- Behavioral control through liability for damages in the GDPR
- Si tacuisses... - Nemo tenetur and the GDPR
- GDPR: Disclosure of member and shareholder address lists in associations, cooperatives and public companies
- Implementing the right to information: data sovereignty and legal certainty through legal tech
- Photo order as commissioned processing
- Update on data protection law
- Is the internet being filtered out? - The criminal liability of platform operators under Article 17 of the Directive on Copyright in the Digital Single Market
- Legal issues in the use of "smart home" technology
- Do pictures only make news or also laws?
- The data protection requirements for cookie consent - The end of the cookie banner?
- The ability to consent between digitalization and demographic change
- Codes of conduct: industry-related data protection rules under Art. 40 GDPR, a new type of decoupling of data protection control from the supervisory authorities?
- Compliant programming - lawyers in agile software development
- Access! Please? - Rules for application programming interfaces
- Source code escrow in insolvency?
- How to deal with the circumvention of open source license obligations? GPL condoms and other contraceptives
- The California Consumer Privacy Act and the GDPR: A pair of transatlantic twins?
- Civil law protection of data as an asset
- Antitrust law in the information society
- Update on intellectual property law
- Regulation of data communication in smart energy networks - telecommunications and data protection implications of the smart meter rollout
- Access to data - a techno-legal approach to a cross-cutting issue
- Lawyer 4.0 - automation of legal advice through chatbots
- The patentability of "artificial intelligence" according to EPU?
- Trademark protection in the digital environment of the automotive industry
- Blockchain technologies and smart contracts on the telecommunications market
- Update on telecommunications law
- Update on international taxation of the digital economy
- Tax law update
German and European antitrust law: fundamentals and current developments at a glance (08/2019)
News in trademark proceedings - an event organized by the German Patent and Trademark Office (03/2019)
The following topics were covered:
- The certification mark
- New trademark forms
- New absolute grounds for refusal
- Changes in opposition proceedings
- Changes to the term of protection and renewals
- Changes to the classification of goods and services
Expedited proceedings in the light of recent BVerfG case law (03/2019)
License agreements in intellectual property and copyright law with special consideration of employment and service contracts (12/2018)
Content:
1. license agreements
1.1 General questions
1.2 Special features of trademark law
1.3 Special features of patents, utility models and know-how
1.4 Special features of copyright agreements
2. statutory license in employee copyright law and employee design law
2.1 Employees, freelancers and quasi-employees
2.2 Copyright regulations for employment and service relationships
2.3 Remuneration regulations
3 Statutory license for employee inventions
3.1 Service invention
3.2 Free invention and technical improvement suggestions
3.3 Procedural regulations
4. model clauses
Update IT and data protection law (12/2018)
with the topics:
- Current case law from 2018 with IT relevance
- First experiences with the GDPR
- Customization of software
- Agile programming
- Protection of trade secrets
Frankfurt IT Law Day (11/2018)
with the topics:
- Practice and experiences of companies and supervisory authorities with the GDPR
- Video/image anonymization, data protection law considerations, incl. live demo
- "Joint controllership" and the impact of the ECJ ruling
- The interaction between the NIS Directive and the GDPR
- "Workshop report": Legal protection against data retention
- Regulation of automated systems and potential concepts of attribution of responsibility
- "Health apps" - data protection challenges of digitalization
- Current case law on e-justice, beA, electronic legal transactions and dash cam
- IT service desk of the future - chatbots, robots, self-service and their impact on contract design
- "Often forgotten or neglected" - co-determination in IT projects
- Agile projects put to the test
Frankfurt Design Law Forum (02/2018)
with the topics
- Procedural issues in case of infringements of design rights
- Multidimensional designs and European registration practice
- Relevant design vocabulary - current case law of the ECJ and selected lower courts
- Design law and ancillary copyright under competition law
The current case law of the Federal Court of Justice on competition law (02/2018)
with the topics:1. disparagement and denigration of business relationships of competitors and denigration according to § 4 No. 1 and 2 UWG
2. protection of performance under competition law (§ 4 No. 3 UWG)
3. targeted obstruction (§ 4 No. 4 UWG)
4. violation of market conduct regulations (§ 3a UWG)
5. misleading, comparative and harassing advertising
6. liability of the perpetrator and participant, liability of bodies of legal persons, liability for employees and agents (§ 8 para. 2 UWG)
15th Annual Conference on Intellectual Property Law (12/2017)
with the topics:
- Current case law of the BGH on competition law
- Digital media
- Current decision-making practice in design law
- Current focus of the case law of the BGH on copyright law
- Latest case law of the ECJ and the EGC on trademark law
- UNIKATOR: The architect and copyright law
- Selected case law of the BGH on trademark law
- Current case law on procedural law
German Lawyers' Day - Innovation and Legal Tech (05/2017)
with the events attended:
- Legal tech in mediation and dispute resolution
- Use of software tools in the management of complex disputes using the example of patent law
- Legal tech in mediation and ADR - using IT-supported visualization of the facts to find a solution
- Digital transformation of contract and civil procedure law - contracts between machines and the question of liability
- Digital files beyond scanning and email archiving
- Burden of proof and evidence in civil proceedings
- Smart document
- Automatic subsumption, legal tech as a replacement for judges and lawyers
- Collaboration in legal teams, client orientation and project management with IT
- IBM Watson experiences and perspectives - assistants with artificial intelligence
- Administration of justice 4.0 - Do we still need lawyers?
- Automatic subsumption, legal tech as a replacement for judges and lawyers
- Data ownership - exclusive rights to data?
- Rights to data
- Database and copyright protection
- Know-how and performance protection for data in the UWG
Data protection and data security - Update 2017 (03/2017)
with the topics
- News on international data transfer from safe harbor to private shield
- Position and tasks of the company data protection officer in the light of the EU GDPR
- The standard data protection model, history, key points, experiences from data protection audits
- Legally compliant data carrier destruction
- New rules for commissioned data processing in the EU GDPR
- Data protection certifications from the perspective of the EU GDPR, requirements of the EU GDPR, overview of verification options, outlook
- The EU GDPR as a challenge for employee data protection, the future of Section 32 BDSG, need for change from the EU GDPR, further development of company agreements
Problems in the overlapping area of trademark and design law (01/2017)
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)
Autumn Academy of the German Foundation for Law and Informatics (09/2016)
Visited panels:
- Now tell me, what's your take on privacy on the internet? The fine line between "neglecting prosperity" and effective law enforcement
- Mandatory clear names on Facebook - legal limits and possibilities
- IT security: legal developments, threats and protection concepts
- IT security in companies - requirements of the NIS Directive and the IT Security Act
- The responsibility of manufacturers for vulnerabilities in industrial components
- "Michael, can I drive?" - The "autonomous car" from an IT security perspective
- Abuse of market power through data protection breaches
- Geofencing and location-based marketing from a data protection and competition law perspective
- EU-US Privacy Shield as Safe Harbor 2.0 - Perspectives for data transfers to the USA after the ECJ's stab in the back
- The impact of the purpose limitation principle on innovation processes in start-ups
- Data protection transparency obligations under the European General Data Protection Regulation
- Only 72 hours left - data breach notification under the EU General Data Protection Regulation
- Contract data processing under the GDPR - what's coming, what's staying?
- Data protection issues surrounding smart TV services
- I'm packing my suitcase and taking... my online content
- Access provider liability in accordance with European law - injunctive relief subject to the judge's reservation
- Telecommunications secrecy in the field of tension of current communication technologies
- Broadcasting law regulation for video content on the internet
- Evaluation of employee data - (Any)/(No)thing possible?
- Wearables and employee data protection - From voluntary self-optimizer to employer's control instrument?
- Smart groups - smart transfers! Group data transfer in the General Data Protection Regulation
- Footbonaut analysis software - functional clothing 2.0 Big data in the German Football League
- Data protection problems with 3D printing of individualized medical devices
- Merger control 2.0 - The convergence of merger control with the digital economy
- Big data and antitrust law - relevance of data-based business models in European and German antitrust law
- "Smart regulation for smart industry" - Data protection aspects of the European Commission's action plan for the digitalization of European industry
- Data protection update
- Please don't hold the line! Data protection requirements and responsibilities for app-based online communication with insured persons in statutory health insurance
- Smart innovation in emergency services - innovation potential analysis and legal inventory
- Data protection and software - What consequences do data protection principles have for the requirements for software development
- Contractual and liability law issues relating to the networking of autonomous systems
- Autonomous systems - considerations on the demand for "robot liability"
- Dynamic and personalized prices - limits under data protection, competition and antitrust law
- Legal limits in the design of smart contracts
- Legal tech in a smart world - enabling and restricting potential
Procedural law in intellectual property law (12/2015)
International trademark protection - systems and filing strategies (12/2015)
Word and image reporting in the press (11/2015)
News from intellectual property and copyright law - contract negotiations and ADR (Alternative Dispute Resolution) (07/2015)
The digital estate - digital data in the event of inheritance (07/2015)
In the year 2 after Snowden - what have we learned and is protection even possible? - Workshop (06/2015)
Legal tactics for warning letters using the example of "file sharing" and "streaming" - current developments in 2015 (06/2015)
12th Annual Conference on Intellectual Property Law (12/2014)
Lectures:
- Current case law of the Federal Court of Justice on competition law (Dr. Christian Löffler, judge at the Federal Court of Justice)
- Current case law of the Federal Court of Justice on trademark law (Professor Dr. Wolfgang Büscher, judge at the Federal Court of Justice)
- Current focal points of the case law of the Federal Court of Justice on copyright law (Dr. Thomas Koch, judge at the Federal Court of Justice)
- Current case law on procedural law (Dr. Gangolf Hess, Judge at the Court of Appeal)
- Copyright - lost on the net? - Current issues relating to the enforcement of copyright infringements on the Internet (Björn Frommer, lawyer)
- Protection of characters - how far does the copyright protection of fictional characters extend? (Dr. Uwe-Christian Klipsch, LL.M., legal advisor)
- Design protection: current developments (Dieter Kehl, Presiding Judge at the Regional Court)
- Current Internet law (Professor Dr. Thomas Hoeren)
- Selected competition and trademark law decisions of the Higher Regional Court of Hamburg (Michael Schmidt, Presiding Judge at the Higher Regional Court)
Annual seminar of the law firm WRST (09/2014)
Presentations:
- The Nespresso system - patent protection for systems
- Comments on selected aspects of the unitary patent
- The rules of fair procedure - comparison of the case law of the BGH, BPatG and EPO
- Partical aspects of prosecuting computer software inventions / phrama and biotech inventions in Japan
- Do's and don'ts in patent and technology license agreements
- Selected decisions of the BGH, BPatG and EPO
Autumn Academy of the German Foundation for Law and Informatics (09/2014)
Panels attended:
- The country needs new licenses: Big data miner type of use?
- Big data and the protection of databases
- Video art as big data on YouTube
- The digitization of European cultural heritage - big data and museums
- Methods, procedures and techniques for the legally compliant acquisition of big data in the context of M&A
- Big data in co-determined companies
- Big data = personal data? The personal reference of data in big data analyses
- Big data: Applicability of European data protection rules following the ECJ's Google decision
- Big data - small information: Does the right to information under data protection law need to be reformed?
- Do we need big data commissions?
- Extending the powers of collective redress to data protection violations strengthens data protection in the age of big data
- Conflicting interests of stakeholders in the prosecution of copyright infringements on the internet
- Opportunities and risks of new data-based services for the industry
- Warnings for streaming?
The Redtube warnings and their consequences
- Intellectual property law update
- Encrypted digital communication in day-to-day business: an unnecessary burden or an indispensable element of diligent corporate governance?
- Anonymity on the internet vs. labeling obligations
- State-of-the-art encryption as a legal obligation
- When the NSA is reading - professional law challenges and technical possibilities for secure client communication by email
- Reform of distance selling law - problems and pitfalls with the new right of withdrawal
- Kick-back fees or commercial broker commission for an outsourced purchase
- Online stores from the manufacturer's perspective - from sales bans to "online store as a service"
- (i)Beacons - Technical background and legal classification
- Data protection obligations of the controller using the example of vehicle data processing
- Data protection and unfair competition - Can breaches of data protection regulations be cautioned under competition law?
- Data protection code of conduct - rules of conduct as a data protection structuring option for professional associations
- Internal company investigations in conflict with data protection and telecommunications secrecy
- Update on data protection law
- Conflict resolution mechanisms in IT projects
- When the red flags fly - due diligence for IP/IT-heavy companies
- Listen, the auditors are coming! - Conducting software license audits from a provider and user perspective
- Open source hardware
- Update on IT contract law
- The effect of virtual house rules using the example of screen scraping
- Data protection requirements for email storage in the company
- Tax law update
Liberal professions as bridge builders for IT security (10/2013)
Right to information and protection of secrets in infringement proceedings (08/2013)
News from IT contract law (03/2013)
News from Internet law (03/2013)
10th Annual Conference on Intellectual Property Law of the German Lawyers' Institute (12/2012)
Presentations:
- Current case law of the Federal Court of Justice on competition law
- Current case law of the Federal Court of Justice on copyright law
- Copyright law on the Internet - current problems from a first instance perspective
- The lawyer's mandate in press and personality law
- The access providers in the piracy debate - strict liability and duty of disclosure
- The liability of host providers and search engine providers
- Current developments in internet law: online marketing - especially Facebook & Co
- Current case law of the Federal Court of Justice on trademark law
- Current case law on procedural law
12th Congress of the Bayreuth Working Group for IT - New Media - Law e.V. - AKIT e.V. at the same time 2nd Forum "Communication & Law" on the topic "Protection of Personality on the Internet" (06/2012)
Acquisition and maintenance of Community Trademarks - Use conferring and maintaining rights, Bainbridge and repeat applications (04/2012)
The theft of know-how (01/2012)
Data protection in advertising and marketing (11/2011)
News from trademark law: Case law of the Federal Patent Court (11/2011)
IT contract law (03/2011)
Current developments in internet law (03/2011)
Questions of the application for injunctive relief under copyright and competition law (02/2011)