Category Archives: IT Law

Medienberichtertstattungsrecht, Persöhnlichkeitsrecht, Freedom of expression and freedom of the press

Press Law

Medienberichtertstattungsrecht, Persöhnlichkeitsrecht, Freedom of expression and press freedom are important foundations of democracy and fundamental rights in terms of 3 in the latter type. 1, 2 and 5 Anchored GG.

But communication media has different sides. You can destroy the honor and reputation of a person unlawfully. As an untrue statement of fact, illegal or manipulated photo shoot or coverage of particular private spheres fundamental rights are violated. Continue reading Medienberichtertstattungsrecht, Persöhnlichkeitsrecht, Freedom of expression and freedom of the press

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Portrait rights (Copyright Act), general right of personality and Press

The right to one's image

Where is the portrait rights regulated?

In “Law(this is) relating to the copyright in works of fine arts and photography” (Copyright Act) from 1907, as a general right, criminally in § 202a of the Criminal Code, as well as some in data protection legislation.

What is protected?

The right of personal portrayal protects photographs or records from access by other. That § 22 Copyright Act allowed only with the consent of the depicted images published or publicly displayed. The consent is in doubt as granted, if the person portrayed this, that he allowed himself to reflect, received a reward. After the death of the person depicted is required to expiration of 10 Years, the consent of the members of the depicted. Members under this Act, the surviving spouse and children of the person depicted, and if neither a spouse nor children are present, the parents of the depicted.

The production of portraits is not therefore recognized immediately, but certainly their distribution and public display. Unlike in copyright also just not the photo is protected as such, but the Sample. Continue reading Portrait rights (Copyright Act), general right of personality and Press

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Data Governing Law / Privacy Law (with right of informational self-determination, Social Media Recht, BDSG)

Privacy law

Due to the high, easy availability of data, their predictability and processing in databases or other computerized systems is a policy of the central facets of current and future legal realities represent.

The protection of data is not solely in orginären Privacy Legal, but also in many other areas of law, such as intellectual property law and copyright (unauthorized Down-/Uploads protected works, Database right), Application.

In addition to its general data protection law many domain-specific data protection provisions in other laws. These are the general rules of the respective national data protection laws and the Federal Data Protection Act (BDSG) ago ( § 1 Abs. 3 and 4 BDSG). Continue reading Data Governing Law / Privacy Law (with right of informational self-determination, Social Media Recht, BDSG)

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Competitive situations (including competition law and warnings injunction proceedings)

What is it about?

Competition law is in contrast to antitrust law advertising law; regulated the manner of advertising in terms of a single measure of the marketing mix. This is done regardless of the medium used, and detached from the relevant public. So it turns (also) represents a single letter of a company to a customer already as "advertising" in the legal sense.

Against anti-competitive behavior, the procedure is usually done by a warning along with solicitation of a imitator. It is an unregulated legal institution. A sample warning letter can be found here. The right Abgemahnt must usually abmahnenden the competitors will refund the cost of the lawyer's use. These costs start at around. 500 EUR in the case of relatively simple, "Hazardous" violations and to quickly reach the middle four digits. Even in light of this fact, the prior examination of the marketing activity is recommended.

Are otherwise not sufficient content desist, may take legal action by the competitor. After the expiry of a warning – often short – bemessenen Deadline, can einstweiliges available procedures are performed. The overall process is able to include two and three summary proceedings on the merits. Continue reading Competitive situations (including competition law and warnings injunction proceedings)

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Contract law (Contracts, Terms creation) and contract review

Horak lawyers across the civil- versed and contract law. We are used to, to set us apart with the economic concerns of our clients, to translate these into customized formulations and appropriate contractual interest.

Of course we support the interests of our clients even after a legal dispute over the contract beyond the end. We put the needs of the clientele to be enforced by or. defend them against insolvency. Here, we do not content ourselves with routine measures. We help our clients with specialist knowledge in the field of law enforcement and the Insolvency Act to enforce his claims.

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eBay has trade in certain, the far-right scene associated clothing brands locked, Owners sought an injunction against vain

Press release LG Nuremberg: Summary proceedings: eBay may exclude the extreme right clothes

The Internet platform, eBay has trade in certain, the far-right scene associated clothing brands locked. The Company, which includes these brands, contrast, sought an injunction and thus failed in the first instance before the Landgericht Nürnberg-Fürth.

The brands of the applicant had been described by some media as a recognition of the extreme right clothing. The Internet platform eBay then entered into these brands of current and future auctions products from. In contrast, the trademark owner defends. It denies, that is connected to the far-right scene and argues, that although they themselves expelling the products only to distributors, The sale of the middlemen in the retail successes but 25 % on eBay. Lies in the closure discrimination through eBay as a dominant company and an illegal boycott. The trademark owner has therefore requested, eBay to ban it in the way of an injunction, exclude their designated by the marks in conflict from the sale of products over the Internet marketplace eBay.
The Landgericht Nürnberg-Fürth this application by judgment of 17.5.2013 rejected.

Continue reading eBay has trade in certain, the far-right scene associated clothing brands locked, Owners sought an injunction against vain

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Copyright,Media law and telecommunications law

In the media- Copyright and we offer in addition to the contracts for the underlying industry, Potential counseling specifically for each media, incl. Press- and Publishing Law.

We also make contracts between artists, Production companies and broadcasters and media accompany the marketing of products. In addition, we represent our clients against misrepresentation, Reputation u. ä.

The long experience of our lawyers in the traditional copyright had us facilitates entry into new media with interfaces to the Telecommunications Law and the Legal IT, so we cover the entire range from the beginning of copyright issues.

The existing through liberalization of the former monopoly telecommunications law today is split into different sub-areas. Antitrust issues are affected as well as aspects of intellectual property law or consumer protection. Finally it comes to answering public questions relating to the Regulatory Authority for Post and Telecommunications. Since the coming of the Telecommunications Act and its regulations in force regulating density increases primarily in the administrative portion continuously.

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Research services

Specifically, we support the following services from a legal perspective:
Protection legal research
Trademark Search
Title protection research
Name- and Company Name Search
Patent- and utility research (including biological and chemical inventions)
Design searches (Searches for registered and unregistered designs)
Plant varieties searches
Searches for semiconductor topographies
Author- research and copyright
Owner search

Rights monitoring
Brands- Names and monitoring
Patent- and utility monitoring
Design monitoring
Plant varieties monitoring
Monitoring of semiconductor topographies
Copyright monitoring

Domain search, -advice & Monitoring
Owner search
Domain name search
Domain name monitoring

Use Searches
Research on the use of property rights
License Search

Market Analysis and Research
Market survey, -analysis and evaluation of legal protection aft
Market reviews
Appreciation of property rights

General economic research
Competition analyzes
other economic research (including credit research)

General Informationsbroking

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Internet Law

The legal framework of your website, both in relation to competitors, Providers and users, require special attention. By taking into account the essential legal requirements in the areas of copyright, Trademark, Telecommunications Law and Criminal reached a representative office in “WWW” also the legal professional, which is factually.

Horak Lawyers acting for the benefit of industrial users, Such provider or client, who want to realize their ideas in this area. This involves, in terms such as electronic commerce, electronic cash, cyberlaw, nothing, tld, meta tags,PGP, cloud much more simple for everyday self-understanding.

We understand your language, know the legal problem cases and represented – in courts – with the necessary expertise to the satisfaction of the court. This technical background is not a self-; on the contrary – we obtain our knowledge through the study of our double Lawyer & Dipl.-Ing. (Electrical engineering / technical computer science), so that we can explain your circumstances and technically applicable law.

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IT law

The IT Law represents one of our major priorities. Development, Production, Distribution and maintenance of software- and hardware requires regular review and adjustment of contracts and terms and conditions underlying. Because the law is constantly changing. Of general shopping- and marketing conditions on software development contracts, the design of license- system or contracts to the enforcement of individual claims, we have a profound understanding of the IT market developments in the information technology. Of course we know with technical “Innovations”, wie Cloud Computing ebenso aus, as actual IT innovations. Einschlägige Branchenkenntnisse und Branchenerfahrung nebst unserem Verständnis für die besonderen Fachtermini und wirtschaftliche Zusammenhänge bietet Ihnen eine zielführende Beratung und Vertretung.

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